COLLECTIVE BARGAINING AGREEMENT FOR WHITE-COLLAR WORKERS AND APPRENTICES

IN COMMERCIAL COMPANIES

1 January 2018

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Contents CHAPTER 1) GENERAL PROVISIONS ......................................................................................... 5

A. SCOPE .................................................................................................................... 5 1. Geographical scope............................................................................................... 5 2. Technical scope ................................................................................................... 5 3. Personal scope .................................................................................................... 5

B. EFFECTIVE DATE AND PERIOD OF VALIDITY ....................................................................... 5 C. EMPLOYMENT ........................................................................................................... 6 D. EQUAL TREATMENT .................................................................................................... 6 E. GENERAL OBLIGATIONS ON THE PART OF WHITE-COLLAR WORKERS ......................................... 6 F. ANNUAL LEAVE ......................................................................................................... 7 G. CONTINUED PAY IN THE EVENT OF INABILITY TO WORK ........................................................ 7 H. ANNIVERSARY BONUSES ............................................................................................... 7 I. RECOGNITION OF PARENTAL LEAVE AND HOSPICE LEAVE FOR ENTITLEMENTS BASED ON

SENIORITY ............................................................................................................... 7 J. TERMINATION ........................................................................................................... 8 K. SEVERANCE PAY ........................................................................................................ 8

CHAPTER 2) WORKING HOURS ............................................................................................... 9 A. GENERAL PROVISIONS FOR WHOLESALE AND RETAIL ............................................................ 9

1. Normal working hours under the Collective Bargaining Agreement ..................................... 9 2. Scheduling normal working hours .............................................................................. 9 3. Flexitime ........................................................................................................... 9 4. Four-day week .................................................................................................... 9 5. Making up hours in connection with public holidays ....................................................... 9 6. Travel times ....................................................................................................... 9 7. Cumulative working hours ....................................................................................... 9 8. Rest periods ...................................................................................................... 10 9. Credit hours ...................................................................................................... 10

B. WORKING HOURS IN WHOLESALE .................................................................................. 10 1. General provisions ............................................................................................... 10 2. Wholesale outlets ................................................................................................ 10

C. WORKING TIME IN RETAIL ........................................................................................... 11 1. General provisions for retail ................................................................................... 11 2. Sales outlets kept open after 1:00 pm on more than one Saturday per month ...................... 11 42. Sales outlets that, with the exception of the 4 Saturdays prior to 24 December, are kept open

after 1.00 pm on only one Saturday per month ............................................................ 13 D. WEEKLY TIME OFF FOR MINORS .................................................................................... 14 E. EXTRA HOURS ......................................................................................................... 14 F. NORMAL WORKING HOURS AND EXTRA HOURS DURING EXTENDED OPENING HOURS ..................... 14

1. General ............................................................................................................ 14 2. Special sales events ............................................................................................. 15

G. OVERTIME .............................................................................................................. 16 1. General ............................................................................................................ 16 2. Overtime pay ..................................................................................................... 16 3. Lump-sum compensation ....................................................................................... 16 4. Compensation in time off ...................................................................................... 17

H. INVENTORY WORK .................................................................................................... 17 I. DAYS OF REST ......................................................................................................... 17

1. General provisions ............................................................................................... 17 2. Special provisions for work performed on December 8th ................................................. 17

CHAPTER 3) PAY .............................................................................................................. 18 A. NEW SALARY SYSTEM ................................................................................................. 18

1. General provisions ............................................................................................... 18 2. Recognition of previous employment periods .............................................................. 18 3. Employment group schedule ................................................................................... 19 4. The pay scale ..................................................................................................... 24 5. Trainee classification during development ................................................................. 25 6. Christmas bonusFehler! Textmarke nicht definiert. and leave allowance ............................ 26 7. Form requirements for all-in contracts ...................................................................... 27 8. Additional protocols of the parties to the Collective Bargaining Agreement ......................... 27

B. OLD SALARY SCHEME .................................................................................................. 30 1. General part ...................................................................................................... 30

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2. Recognition rules for classification and advancement .................................................... 31 3. Christmas bonus .................................................................................................. 33 4. Leave allowance ................................................................................................. 34 5. Employment group schedule ................................................................................... 34 6. Pay areas and salary schedules................................................................................ 40

C. TRANSITIONAL PROVISIONS ......................................................................................... 56 1. General provisions ............................................................................................... 56 2. NEW Notice of Employment Information (Dienstzettel) .................................................. 56 3. Classification into the new employment group schedule ................................................. 56 4. Advancementdate ............................................................................................... 57 5. Special provisions ................................................................................................ 57 6. Provisions of expiration and limitation ...................................................................... 58 7. Prohibition of discrimination .................................................................................. 58

D. Special provision for employees paid by commission .......................................................... 58 E. Upholding overpayments ............................................................................................ 59

CHAPTER 4) FRAMEWORK AND PAY PROVISIONS FOR TRAINING AND CONTINUING EDUCATION ................ 60 A. DUAL AND INTEGRATIVE VOCATIONAL TRAINING ............................................................... 60 B. COMPENSATION FOR MANDATORY INTERNS ...................................................................... 61 C. PROVISIONS ON THE PROMOTION OF IN-SERVICE TRAINING ................................................... 61

CHAPTER 5) TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES .................................................... 61 A. BUSINESS TRIP TERM ................................................................................................. 61 B. TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES ........................................................... 62

1. Travel expenses .................................................................................................. 62 2. Travel expense allowance ...................................................................................... 62 3. Participation in seminars, courses, information events and the like ................................... 63 4. Business trips outside of Austria .............................................................................. 63 5. Fair fee ............................................................................................................ 63 6. Additional operational rules and regulations ............................................................... 63

CHAPTER 6) FINAL PROVISIONS ............................................................................................ 63 A. Provisions of expiration and limitation ............................................................................ 63

1. General provision ................................................................................................ 63 2. Working time records ........................................................................................... 63 3. Credit hours, time off in lieu .................................................................................. 64 4. Salary entitlements ............................................................................................. 64 5. Travel cost and expense allowances ......................................................................... 64

B. SUPPORT GROUP AND ARBITRATION BOARD ..................................................................... 64 C. FINAL PROVISIONS .................................................................................................... 65

ANNEXES ....................................................................................................................... 67 Annex 1) Sample: Notice of Employment Information (Dienstzettel) NEW salary system ................... 68 Annex 2) Sample: Notice of Employment Information (Dienstzettel) NEW all-in salary system ............ 70 Annex 3) Sample: Transition Notice of Employment (Dienstzettel) NEW salary system ..................... 72 Annex 4) Sample: Transition Notice of Employment Information (Dienstzettel) NEW all-in salary

system .................................................................................................................. 74 Annex 5) Sample: Works Agreement for the establishment of the transition date ........................... 77 Annex 6) Sample: note to the employee relating to the transition date ....................................... 78 Annex 7) Sample: Notice of Employment Information (Dienstzettel) OLD salary scheme ................... 79

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Abbreviations used

ER Employer

EE Employee

ABGB Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch)

AlVG Unemployment Insurance Act (Arbeitslosenversicherungsgesetz)

AMFG Labour Market Promotion Act (Arbeitsmarktförderungsgesetz)

AngG White-Collar Workers Act (Angestelltengesetz)

APSG Employment Protection Act (Arbeitsplatzsicherungsgesetz)

ArbIG Labour Inspection Act (Arbeitsinspektionsgesetz)

ArbVG Industrial Relations Act (Arbeitsverfassungsgesetz)

ARG Act on Rest Periods (Arbeitsruhegesetz)

ASchG (Health and Safety at Work Act (ArbeitnehmerInnenschutzgesetz)

ASVG General Social Insurance Act (Allgemeines Sozialversicherungsgesetz)

AVRAG Employment Contract Law Adaptation Act (Arbeitsvertragsrechtsanpassungsgesetz)

AZG Working Time Act (Arbeitszeitgesetz)

BEinstG Disabled Persons Employment Act (Behinderteneinstellungsgesetz)

BAG Vocational Training Act (Berufsausbildungsgesetz)

BMSVG Act on Severance and Retirement Funds for Salaried Employees and Self-Employed Persons (Betrieb-liches Mitarbeiter- und Selbständigenvorsorgegesetz)

BUAG Construction Workers’ Annual Leave and Severance Pay Act (Bauarbeiter-Urlaubs- und Abfer-tigungsgesetz)

EFZG Continued Remuneration Act (Entgeltfortzahlungsgesetz)

EStG Income Tax Act (Einkommensteuergesetz)

GewO Industrial Code (Gewerbeordnung)

GlBG Equal Treatment Act (Gleichbehandlungsgesetz)

IESG Law on Insurance against Non-Payment in case of Insolvency (Insolvenzentgeltsicherungsgesetz)

KBGG Childcare Allowance Act (Kinderbetreuungsgeldgesetz)

KJBG Children and Adolescents Employment Act (Kinder- und Jugendlichenbeschäftigungsgesetz)

CBA Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies or General Collective Bargaining Agreement

MSchG Maternity Protection Act (Mutterschutzgesetz)

ÖZG Opening Hours Act (Öffnungszeitengesetz)

UrlG Paid Annual Leave Act (Urlaubsgesetz)

VKG Fathers' Parental Leave Act (Väterkarenzgesetz )

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COLLECTIVE BARGAINING AGREEMENT FOR WHITE-COLLAR WORKERS AND APPRENTICES IN COMMERCIAL COMPANIES

concluded on 22 November 2017 between the Austrian Federal Economic Chamber, Sectoral Section Commerce, 1045 Vienna, Wiedner Hauptstraße 63, and the Union of Salaried Private Sector Employees, Graphical Workers and Journalists, Commerce Sector, 1030 Vienna, Alfred Dallinger-Platz 1.

The terms "employer", "white-collar worker", "employee", "apprentice" and "mandatory intern" are understood to be gender-neutral.

CHAPTER 1) GENERAL PROVISIONS

A. SCOPE

1. Geographical scope

For the entire federal territory of Austria.

2. Technical scope

For all companies belonging to the Sectoral Section Commerce of the Austrian Federal Economic Chamber, the Professional Association of Insurance Agents and Insurance Consultants or the Professional Association of the Book and Media Industry with the following exceptions:

2.1. companies subject to the Collective Bargaining Agreement for White-collar Workers in Pharmaceutical Wholesale Companies.

2.2. OMV-Aktiengesellschaft

2.3. VOEST-ALPINE STAHLHANDEL GmbH with respect to employees recruited prior to 1 March 2000; VOEST-ALPINE Rohstoffhandel Gesellschaft m.b.H., Vienna (VAR) and Verkaufsstelle österreichischer Kalt-walzwerke Ges.m.b.H., Vienna (VÖK).

2.4. General-Motors-Austria Ges.m.b.H.

2.5. Österreichische Salinen AG

2.6. Companies whose affiliation with the Board for Trade with Fashion and Leisure Products is solely justified by the fact that they rent out bicycles and sports articles or sports equipment (fitness equipment).

2.7. lottery ticket agencies

3. Personal scope

For all white-collar workers, apprentices, mandatory interns and trainees. For the purpose of this Collective Bargaining Agreement, white-collar workers shall be all employees (also temporary employees) subject to the White-collar Workers Act (AngG).

This Collective Bargaining Agreement shall be applicable for trainees from the point in time at which the company switches to the NEW salary scheme. This Collective Bargaining Agreement shall not be applicable for trainees in companies that continue to be subject to the OLD salary scheme.

B. EFFECTIVE DATE AND PERIOD OF VALIDITY

1. This Collective Bargaining Agreement shall enter into force on 1 January 2018. Chapter 2), C. 2.5. shall be applicable until 31 December 2018. If this chapter's period of validity is not extended until 31 December 2018, the contracting partner must be informed thereof in writing no later than 31 August 2018 by registered letter.

2. With the exception of chapter 3) Pay, this Agreement may be terminated at the end of each quarter of a calendar year subject to a notice period of three months.

The provisions of chapter 3) Pay may be terminated starting from the effective date subject to a notice pe-riod of two months.

Such termination must be tendered by way of registered letter.

Negotiations on the renewal and, as the case may be, amendment of the Collective Bargaining Agreement shall be conducted during the notice period.

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C. EMPLOYMENT

1.1 The employer shall inform the works council of the employment of any new white-collar workers prior to their enlistment in the company. In duly justified exceptional cases, such information shall be provided con-currently with the employee's social insurance registration.

1.2. For all white-collar workers, the first month shall be a probationary period within the meaning of sec. 19 (2) White Collar Workers Act (AngG), unless agreed otherwise. On expiration of this probationary month, employment under a contract of service shall be subject to the termination provisions set forth by the law and the provisions of point J in this chapter.

1.3. Once the contract of service is signed or, as the case may be, immediately at the start of employment, the white-collar worker shall be issued a written statement of all the main rights and duties arising from the contract of service (notice of employment information [Dienstzettel]) (a sample Dienstzettel has been annexed to this Agreement). This obligation shall not be applicable if a written contract of service includes all the nec-essary details. Sec. 2 Employment Contract Law Adaptation Act (AVRAG) shall be applicable.

1.4. No later than on conclusion of the contract of service, the white-collar employee shall be asked about any previous employment periods that may be of relevance under this Collective Bargaining Agreement. The white-collar worker shall be obliged to prove and substantiate any such previous employment no later than at commencement of employment under a contract of service. Any previous periods of employment that are not substantiated or proven, or for which evidence or proof is not provided in a timely manner, shall be taken into account for salary grading only after they are submitted for consideration.

1.5. The social partners recommend that companies with branches assigning a white-collar worker to branches ensure, to the extent possible, proximity to the white-collar worker's residence.

D. EQUAL TREATMENT

In connection with employment under a contract of service, no one may be directly or indirectly discriminated against on grounds of sex, in particular

1. when establishing employment under a contract of service,

2. when determining the level of pay,

3. when granting voluntary social benefits that do not constitute pay,

4. during training and continuing education activities on a company level,

5. in the scope of professional advancements, particularly promotions,

6. in terms of any other work conditions, and

7. on termination of employment under a contract of service.

Discrimination is any prejudicial differentiation without objective justification (sec. 2 Equal Treatment Act [GlBg]).

E. GENERAL OBLIGATIONS ON THE PART OF WHITE-COLLAR WORKERS

1. The white-collar worker shall be obliged to duly carry out all the work related to the position held in ac-cordance with the provisions of the law and the supervisor's orders.

2. The white-collar worker shall not be authorised to accept a bonus or any other consideration from cus-tomers or business partners without the employer's consent.

3. Furthermore, the white-collar worker shall not be authorised to operate an independent commercial company nor conduct or broker commercial business, without the employer's consent, for his/her own account or on behalf of a third party in the same sector as the employer.

4. Unless the law provides for a disclosure obligation, the white-collar worker shall maintain confidentiality towards all third parties regarding all business matters.

5. Non-compliance with these provisions shall constitute good cause for termination of employment under a contract of service (dismissal) in accordance with sec. 27 White-collar Workers Act (AngG).

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F. ANNUAL LEAVE

1. Holiday leave is governed by sec. 17 White-collar Workers Act (AngG) of Federal Law Gazette No 390/76 concerning the standardisation of annual leave entitlement and the introduction of nursing leave.

2. Previous employment periods spent in the same company shall be recognised with immediate effect when calculating annual leave entitlements at the time of re-employment with the company if the inter-ruption did not exceed 180 days and employment under a contract of service had been terminated by the employer.

3. Along with the statutory leave entitlement, war-disabled persons and persons whose earning capacity is reduced by at least 50% due to an occupational accident or an occupational illness are entitled three ad-ditional days of leave.

G. CONTINUED PAY IN THE EVENT OF INABILITY TO WORK

1. If notified and subsequently proven, the occurrence of a number of family occasions shall entitle the em-ployee to continued pay in accordance with sec. 8(3) White-collar Workers Act (AngG); these shall include:

1.1. the employee's own marriage (3 working days),

1.2. attendance of the marriage of the employee's children and siblings (1 working day),

1.3. death of the spouse or life partner, if he/she shared a household with the white-collar worker (2 working days),

1.4. attendance of the spouse's or life partner's funeral (1 working day),

1.5. death of parents, parents-in-law or children (1 working day)

1.6. attendance of the parent's, parent-in-law's, child's, sibling's or grandparent's funeral (1 working day),

1.7. on the occasion of a spouse or life partner giving birth to a child (1 working day),

1.8. in the event of moving house, the time needed for such relocation, but no longer than 2 working days within a period of 6 months,

1.9. the time needed for medical or dental treatment, provided a certificate issued by the panel physician is presented.

2. With respect to continued pay for apprentices, the provisions set forth under sections 17 and 17a Vocational Training Act (BAG) shall be applicable with the proviso that such continued pay shall likewise be due for the day on which the apprentice takes the final apprenticeship examination. The illustrative list under point 1 shall also be applicable for apprentices.

H. ANNIVERSARY BONUSES

For longstanding service, white-collar workers shall be granted the following one-time gesture payment after completing the below-stated employment periods in one and the same company:

20 years, at least 1 gross monthly salary,

25 years, at least 1.5 gross monthly salaries,

35 years, at least 2.5 gross monthly salaries,

40 years, at least 3.5 gross monthly salaries

On the occasion of his/her anniversary, the white-collar worker shall be given two days leave with continued pay.

I. RECOGNITION OF PARENTAL LEAVE AND HOSPICE LEAVE FOR ENTITLE-MENTS BASED ON SENIORITY

A period of ten months maximum shall be taken into account for the first parental leave (sec. 15 Maternity Protection Act [MSchG], sec. 7c Fathers' Parental Leave [VKG]) taken during employment under a contract of service and other leave taken for the palliative care of close relatives or care of seriously ill children (sections 14a and 14b Employment Contract Law Adaptation Act [AVRAG]) when determining the notice period in case of

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termination, the length of continued pay in the event of illness (accident) and annual leave as well as the anni-versary bonus.

J. TERMINATION

1. Unless this Collective Bargaining Agreement provides more favourable terms, the employer may terminate employment under a contract of service only in accordance with the provisions of the White-collar Workers Act (AngG). Where employment under a contract of service in an actual commercial occupation lasts for a period of more than 5 years in one and the same company, the employer may terminate an employee only in accordance with the provisions of sec. 20(2) White-collar Workers Act (AngG) at the end of each quarter of a calendar year, provided sec. 20(1) White-collar Workers Act (AngG) is applicable.

2. If the employee is the one to terminate employment under a contract of service, the provisions for termina-tion set forth under sec. 20(4) White-collar Workers Act (AngG) shall be applicable.

K. SEVERANCE PAY

With respect to severance pay, the provisions of the White-collar Workers Act (AngG) shall be applicable unless this Agreement provides more favourable terms.

A white-collar worker who has been employed with one and the same company for at least 5 years and declares his/her intention to terminate employment under a contract of service within the protection period under the Maternity Protection Act (MschG) or no later than 3 months prior to the end of a maternity leave when still on maternity leave in accordance with the Maternity Protection Act (MschG) shall be entitled to receive half the severance pay due in accordance with sec. 23 White-collar Workers Act (AngG) but to no more than 3 monthly salaries. Times of marginal employment in accordance with sec. 15(1a) Maternity Protection Act (MschG) shall not be taken into account when determining the severance entitlement. The same shall be applicable for a male white-collar worker, provided he takes parental leave in accordance with the Fathers' Parental Leave Act (VKG) and tenders his early resignation from employment under a contract of service no later than 3 months prior to the end of his parental leave. If employment under a contract of service is terminated by the employer, the White-collar Workers Act (AngG) shall be applicable for assessing any severance pay.

In the event of the demise of a white-collar worker who has been employed with the company for a period in excess of 1 year, the salary shall continue to be paid for the month of demise and the month following the white-collar worker's demise. If the white-collar worker has been employed with the company for a period in excess of 1 year, the salary shall continue to be paid for the month of demise and two months following the white-collar worker's demise.

Only legal heirs for whose maintenance the testator is legally obliged shall be eligible to receive this pay. If there are no such eligible persons, then the individuals paying the funeral costs.

If, in addition to the continued payment of the salary, there is an entitlement to severance pay under this provision in accordance with the White-collar Workers Act (AngG), only the more favourable of these entitle-ments shall be applicable.

Points 1 through 3 of this provision shall not be applicable to employments under contracts of service commencing after 31 December 2002. The same shall apply to contracts of service existing prior to 1 January 2003 and for which a transfer (full or partial transfer) has been agreed, unless the transfer agreement provides otherwise.

The white-collar worker may revoke the agreement implementing the transfer pursuant to sec. 47 Act on Sever-ance and Retirement Funds for Salaried Employees and Self-Employed Persons (BMSVG) for the contract for services existing as at 31 December 2002, provided the employer receives written notice of revocation from the white-collar worker within 3 weeks from signing the transfer agreement. The transfer agreement must indicate the three-week period of notice for cancellation. The notice period for transfer agreements lacking any indica-tion of the three-week period of notice for cancellation shall be extended to 6 months from the date on which the respective transfer agreement was signed.

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CHAPTER 2) WORKING HOURS

A. GENERAL PROVISIONS FOR WHOLESALE AND RETAIL

1. Normal working hours under the Collective Bargaining Agreement

Normal weekly working time shall be 38.5 hours per week without breaks.

2. Scheduling normal working hours

2.1. The scheduling of normal weekly working hours over the individual weekdays, the start and end of daily working hours as well as the duration and the scheduling of breaks shall be agreed in accordance with the stat-utory provisions and the Collective Bargaining Agreement provisions set forth below. The above may be deter-mined by way of a works agreement or separate agreement.

2.2. If less than 8 hours of work are performed or no work at all is performed on a given working day, the missing working hours may be scheduled over the other days of the week, although normal daily working hours may not exceed 9 hours in such a case.

2.3. Where normal working hours are scheduled at varying times of the day, their scheduling shall be agreed for the relevant week no less than two weeks ahead of time notwithstanding sec. 19c(3) Working Time Act (AZG).

2.4. The social partners recommend deploying white-collar workers who have lengthy travel times to and from work for longer consecutive periods of time with as short interruptions as possible.

3. Flexitime

In a flexitime agreement pursuant to sec. 4 b Working Time Act (AZG) (works agreement or separate written agreement in companies without a works council) normal daily working time for adults may be extended to 10 hours maximum.

4. Four-day week

Where weekly working hours are regularly scheduled over four or fewer consecutive days, normal daily working time for fulltime employees (with the exception of minors) may be extended to ten hours. In the event of part-time employment (with the exception of minors), normal daily working hours may be extended to ten hours if the white-collar worker performs at least 8 hours of work on the day of assignment.

5. Making up hours in connection with public holidays

Where, in consideration of public holidays, time off is given on certain workdays so as to grant an employee longer continuous time off periods, the normal working hours missed may be scheduled on working days over a maximum period of 13 continuous weeks that include the days of absence. For minors, according to the Children and Adolescents Employment Act (KJBG), this time period for making up the lost working hours may not exceed 7 weeks - or 13 weeks by virtue of a works agreement.

6. Travel times

Passive travel time, i.e. the time a white-collar worker travels in a vehicle not driven by him/her, shall be compensated at the hourly rate applicable for normal working hours, unless the white-collar worker performs work during this time for the assignment given him or her.

7. Cumulative working hours

7.1. Over a period of 26 weeks, the normal weekly working time in individual weeks may be extended to a maximum of 44 hours provided normal weekly working time does not exceed 38.5 hours within this cumulative period.

7.2. In companies with a works council, this cumulative period may be extended to a maximum of one year by way of a works agreement, or otherwise by separate agreement.

7.3. The length of normal weekly working time in the cumulative period must be agreed in advance. If the cumulative period exceeds 13 weeks, then the length of the normal weekly working time must be agreed in advance for a period of at least 13 weeks.

7.4. Any changes resulting from a company's specific requirements or in consideration of an employee's inter-ests must be agreed in advance in a timely manner.

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7.5. The time off in lieu needed to ensure this average number of working hours in the cumulative period shall be granted at least in the form of half-days while giving due consideration to a company's specific require-ments and the employee's interests.

8. Rest periods

In individual cases, the rest period pursuant to sec. 12 Working Time Act (AZG) may be cut down to 8 hours. The shortfall in rest time compared to the rest period entitlement under the law shall be made up with a daily or weekly rest period within the following 10 calendar days. In companies with a works council, the works council must be heard.

9. Credit hours

Fr any credit hours left over at the end of employment under a contract for services the normal hourly wage shall be payable if employment under a contract for services is ended on account of dismissal due to the em-ployee's fault, termination by the employee or the employee's resignation without good cause.

B. WORKING HOURS IN WHOLESALE

1. General provisions

1.1. Except for employment in accordance with 2.1., an employee's normal working hours in wholesale ends on Saturdays at 1 pm.

1.2. Unless provided otherwise by works agreement pursuant to A. 2.1. in this chapter, an employee shall be granted one half-day off a week in the months of January through November in addition to the non-working Saturday afternoon. This time off shall be granted once on a Saturday (non-working Saturday) within a period of 6 weeks while giving due consideration to the company's specific requirements and the employee's interests. By way of derogation, a cumulative period of 8 weeks may be agreed during which at least 8 whole working days remain working-free days.

1.3. The option of granting half-days off shall not be applicable for such companies and in such weeks where business is closed for several half-days of work or a whole working day. Arrangements that depart from the above may be agreed by way of a works agreement.

1.4. On 24 and 31 December, normal working hours shall end at 1 pm. Should these days fall on a Saturday, normal working hours shall end at 12 noon. Only if absolutely necessary, is finishing work permitted after this time. Any such hours shall be considered overtime.

2. Wholesale outlets

2.1. In wholesale outlets (characterised by direct customer contact, on-site service provision), employment on Saturdays up to 6 pm. is permissible for the purpose of advising and supporting customers, in the sale of goods and for activities directly related thereto or without which these would be unfeasible (sec. 12a Act on Rest Periods [ARG]). Employees may be tasked with absolutely necessary finishing, cleaning, maintenance or repair work for no longer than one additional hour.

2.2. If an employee pursuant to 2.1. is requested to work after 1 pm on a Saturday, he/she must be granted the following Saturday as a complete day off. The exemptions under C. 2.1., 2.2. and 3. as well as the cumulative period provisions set forth in 2.3. and 2.4. of this chapter shall apply accordingly.

2.3. For normal working hours and extra hours, point F.1. of this chapter shall apply analogously with respect to compensation for work pursuant to 2.1. performed on Saturdays from 1:00 pm; a 70% premium is applicable for any extra hours performed.

2.4. With respect to work pursuant to 2.1. performed between 8:00 pm and 5:00 am from Monday 12:00 midnight to Saturday 5:00 am, compensatory time credit in the amount of 50% shall be due for normal and extra work. Monetary compensation may be agreed by way of a works agreement or separate written agreement.

2.5. Where the employee is assigned to work for a period in excess of 6 hours in the time between 8:00 pm and 5:00 am pursuant to 2.1, the rest period according to sec. Working Time Act (AZG) shall amount to 13 hours immediately after such an assignment. Optionally, an agreement may be signed entitling the employee to an uninterrupted rest period of 24 hours per week in addition to weekend rest as provided for in sec. 3 Working Time Act (AZG).

2.6. Employees assigned to work for no less than 24 nights per calendar year within the meaning of 2.5 are entitled to a medical examination in accordance with sec. 12b Working Time Act (AZG).

2.7. Further arrangements relating to employment and compensation pursuant to sub-chapter 2 may be agreed by way of a works agreement.

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C. WORKING TIME IN RETAIL

1. General provisions for retail

1.1. In the months from January through November, employees shall be given two half-days off per week.

1.2. This time off shall be granted once on a Saturday (non-working Saturday) within a period of 6 weeks while giving due consideration to the company's specific requirements and the employee's interests. By way of derogation, a cumulative period of 8 weeks may be agreed during which at least 8 whole working days remain working-free days.

1.3. The option of granting days or half-days off shall not be applicable for

1.3.1. such companies and in such weeks where business is closed for several half-days or a whole working day.

1.3.2. food retail companies with up to 4 employees.

1.3.3. retail drugstore companies with up to 4 employees

1.3.4. grocery store companies with up to 4 employees where the revenue from the sale of food makes up 75 % of total sales.

For companies with branches, the calculation should be based on the company's total number of white-collar workers and apprentices.

1.4. On 24 December and 31 December, working time shall end by the close of business as set forth by the Opening Hours Act (ÖZG) or an ordinance issued by the provincial governor. However, on 24 December, normal working hours shall end at 2:00 pm and on 31 December at 5:00 pm, unless the provincial governor has provided for no or later shop closing times. Only if absolutely necessary, is finishing work permitted after this time; any such work performed shall be considered overtime.

1.5. For employees and apprentices called out to work after 1:00 pm more than once a month on one of the remaining Saturdays, normal working hours on the four Saturdays on which shops are open for business prior to 24 December, shall end no later than at 1:00 pm.

2. Sales outlets kept open after 1:00 pm on more than one Saturday per month

2.1. Working on Saturday – non-working Saturday

White-collar workers and apprentices in sales outlets may be called out to work on Saturdays after 1:00 pm, if the applicable rules relating to opening hours permit the sales outlets to remain open. In this case, such employ-ees and apprentices shall be given the whole day off on the subsequent Saturday, unless:

The employee was called out to perform any of the following after 1:00 pm

2.1.1. sales activities admissible in accordance with sections 17 and 18 Act on Rest Periods (ARG) or an ordinance pursuant to sec. 12 Act on Rest Periods (ARG),

2.1.2. sales activities on the last four Saturdays prior to 24 December,

2.1.3. finish attending to customers pursuant to sec. 8 Opening Hours Act (ÖZG 1991 in the 2003 version),

2.1.4. finishing work pursuant to sec. 3(2) Act on Rest Periods (ARG).

2.2. Exemptions from the non-working Saturday

In the cases specified below, white-collar workers and apprentices called out to work after 1:00 on a Saturday may be called out to work on the following Saturday:

2.2.1. part-time employees with whom the performance of work has been agreed only for Saturdays.

2.2.2. white-collar workers and apprentices in sales outlets that - with the exception of the four Saturdays prior to 24 December - are kept open after 1:00 pm on one Saturday per month, in accordance with C. 3. of this chapter.

2.2.3. sales activities that are permitted during the weekend rest period on the basis of an ordinance pursuant to sec. 12 and/or sec. 13 Act on Rest Periods as at the effective date of 31 December 1996 .

2.2.4. part-time employees hired to work for a period of up to 18 hours per week on the basis of an employment contract pursuant to sec. 15h or sec. 15i Maternity Protection Act (MSchG) or, as the case may be, pursuant to sec. 8 or sec. 8a Fathers' Parental Leave Act (VKG).

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2.3. General rules of cumulation

In companies with a works council, assignment to work on two Saturdays within a period of 4 weeks may be permitted by way of a works agreement or separate written agreement. In this case, the remaining Saturdays in this time period must remain non-working Saturdays.

The weeks during which Saturday afternoon work is permissible by virtue of this provision shall not be taken into account when determining the cumulative period (suspended application).

2.4. Cumulation rule for retail companies with a low number of employees

2.4.1. In retail companies with less than 25 permanent employees, the following may be agreed as additional options by way of a works agreement or - in companies without a works council - by way of a separate written agreement:

a) the employee may be assigned to work after 1:00 pm on up to 4 Saturdays within a time period of 8 weeks if he/she is given time off on just as many Saturdays or,

b) the employee may be assigned to work after 1:00 pm on 3 Saturdays within the cumulative period of 4 weeks if he/she is given one Saturday and one Monday off, respectively, during the cumulative period or

c) the employee can be assigned to work on 5 Saturdays within time period of 10 weeks. This notwithstand-ing, the employee may be assigned to work on 6 Saturdays if he/she is given one Monday off or the employee may be called to work on 7 Saturdays, if he/she is given two Mondays off.

2.4.2. In the week where Saturday is a non-working day, the normal weekly working hours shall be scheduled on the working days Monday through Friday in accordance with C. of this chapter. In the week where Monday is a non-working day by virtue of an agreement based on the provision in 2.4.1 b, the normal weekly working hours shall be scheduled on the working days Tuesday through Saturday.

2.4.3. The weeks during which Saturday afternoon work is permissible in accordance with this chapter shall be left out of account when determining the cumulative period (suspended application).

2.5. Alternative scheduling of non-working Saturdays

2.5.1. Essentially, the provisions of point C., 2., 2.1. (Working on Saturday – non-working Saturday) of this chapter is applicable in sales outlets. However, non-working Saturdays may be scheduled differently in accord-ance with the provisions below in companies with a works council by way of a works agreement or otherwise by separate written agreement.

2.5.2. Exemptions from application

In the following cases, alternative scheduling of non-working Saturdays cannot be agreed:

a) part-time employees with whom the performance of work exclusively on Saturdays has been agreed,

b) apprentices,

c) employees hired over holiday periods (as in salary schedule A, employment group 1a),

d) part-time employees hired to work for a period of up to 18 hours per week on the basis of an employment contract pursuant to sec. 15h or sec. 15i Maternity Protection Act (MSchG) or, as the case may be, pursuant to sec. 8 or sec. 8a Fathers' Parental Leave Act (VKG).

e) white-collar workers during the probationary month (chapter 1) C.)

2.5.3. Length of the cumulative period

The cumulative period shall be 52 weeks. Groups of employees may be excluded from the scheduled cumula-tive period by way of a works agreement.

2.5.4. Number of blocked time off periods

Employees may be called out to work on Saturdays after 1:00 pm if - within a cumulative period of 52 weeks (Friday, Saturday, Sunday or Saturday, Sunday, Monday) - they are granted continuous time off periods on weekends (blocked time off periods) at least 10 times and these time off periods comprise three calendar days, including Saturday and Sunday. If one of the working days included in the blocked time off period falls on a public holiday, then the preceding or the following working day shall be included in the blocked free time period.

One blocked free-time period shall be used up in five of the six calendar months of the first half of the cumu-lative period and another blocked time off period shall be used up in the five of the six calendar months of the second half of the cumulative period. One month without any blocked time off period may be agreed in

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the first half of the 52-week cumulative period and in the second half of the 52-week cumulative period (e.g. the four Saturdays prior to 24 December).

Where the employee is assigned to work only for part of the scheduled cumulative period due to the start, end or duration of employment under a contract for services, the number of blocked time off period shall be prorated in proportion to the time employed by the company. Any fractions of blocked time off periods re-maining shall be rounded up to the nearest whole number in line with standard business practice. If employ-ment under a contract for services ends due to termination by the employee, culpable dismissal or unjusti-fied early resignation, fractions of the blocked time off period shall be left out of account.

Where blocked time off periods (Friday, Saturday and Sunday) granted to full-time and part-time employees result in a 4-day week, the normal daily working times may be extended to 10 hours.

2.5.5. Scheduling and use of blocked time off periods

Any plans and required modifications shall be mutually agreed giving due consideration to operational re-quirements and any good cause put forward by the employee.

If the schedule for the blocked time off period has been agreed, there shall be not entitlement to any re-placement for the times that fall into this period according to sec. 8 White-collar Workers Act (AngG) and sec. 16 Paid Annual Leave Act (UrlG).

If, at the time the blocked time off period is agreed, holiday leave has already been agreed by way of an ear-lier agreement between the employee and the employer, no blocked time off period may be agreed for these days.

Where the alternative schedule of the non-working Saturday becomes applicable for the first time, particu-larly on introduction of this working time model or in the cases of entries during the first six months of the cumulative period, the initial blocked time off period must be agreed no later than two weeks before it is taken.

2.5.6. Special provisions for blocked time off periods

Where the use of one blocked time off period per month cannot be ensured due to operational requirements or due to personal good cause put forward by the employee, a second blocked time off period may be agreed for the three subsequent calendar months as trade-off, provided the cumulative period is not exceeded.

Where blocked time off periods pursuant to 2.5.4. of this provision are not used up within a cumulative pe-riod of 52 weeks, the employee shall be given one day off (= working day) for each blocked time off period as trade-off.

If the employee refuses any agreement on the use of blocked time off, the employer shall, for lack of any agreement, be entitled to schedule blocked time off periods for the employee. There shall be no entitlement to compensatory payment if the employee was in a position to take blocked free time but failed to do so for no good cause.

No monetary compensation may be paid out for blocked time off periods as long as employment under a con-tract for services continues.

Blocked time off periods do not qualify as time off in lieu as defined under F., 1.4. of this chapter and shall not trigger applicability of the 30% compensatory time credit.

2.5.7. Termination of employment under a contract for services

Any blocked time off periods that have not yet been agreed at termination of employment under a contract for services must be used during the notice period if possible. If this cannot be ensured, the employee shall be entitled to one additional day of leave per agreed blocked time off period or, if employment under a con-tract for services has ended, to appropriate pay in lieu of leave, except in the case of unjustified early resig-nation.

3. Sales outlets that, with the exception of the 4 Saturdays prior to 24 December, are kept open after 1.00 pm on only one Saturday per month

3.1. Assigning a white-collar worker to work on Saturdays after 1:00 is admissible even if the subsequent Saturday is not a non-working Saturday.

3.2. Furthermore, granting whole days or half-days off pursuant to C., 1. of this chapter shall not be applicable for full-time employees in sales outlets where total opening hours within a calendar week do not exceed 44 hours.

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D. WEEKLY TIME OFF FOR MINORS

1. For minors up to the age of 18, all Sundays shall be working-free days without exception.

1.1. In addition, minors must be given one whole calendar day off in this week and this day off must not imme-diately precede or follow a Sunday. Where possible in organisational terms and if in the interest of the minors, this non-working day may also be a Saturday or Monday. In any case, the time from Saturday 6:00 pm to Monday 7:00 am must be kept free of work.

1.2. This notwithstanding, the weekly time off may be reduced to 43 continuous hours including Sunday for minors employed in a sales outlet where, pursuant to the Opening Hours Act (ÖZG), total weekly opening hours do not exceed 55 hours. In this case, however, the average weekly time off may not be less than 48 hours within a time period of 8 weeks maximum. The required setoff must be agreed in whole days or half-days. This deroga-tion may be agreed by way of a works agreement for minors in other sales outlets as well.

2. For minors in sales outlets pursuant to the Opening Hours Act (ÖZG), which are closed for one whole day or half-day in a given calendar week, the employer may decide to schedule the day of rest, which is not a Sunday, on the day of closure.

The half-days off pursuant to B. and C. of this chapter shall be counted towards these whole days or half-days off; in so doing, at least every sixth Saturday must be a non-working Saturday.

E. EXTRA HOURS

1. Work performed in the amount of 1.5 hours per week, which corresponds to the reduction in weekly working hours (as normal working hours previously totalled 40 hours), shall qualify as extra hours. This additional work (from 38.5 to 40 hours, inclusive) shall not earn the employee any premiums and shall not be counted towards the admissible overtime allotment. This rule shall also apply for the alternative scheduling of normal working hours pursuant to points A. 2., 4. and 7., B. as well as C., 1. of this chapter, provided that the 1.5 hours per week in excess of the respective weekly working time resulting from the alternative scheduling of normal working hours qualify as extra hours. In performing additional work, a weekly working hour limit of 44 hours may not be exceeded, except when making up for time lost in connection with public holidays pursuant to sec. 4(3) Working Hours Act (AZG). For the scheduling of such extra hours, the provisions relating to the scheduling of overtime shall apply accordingly.

2. Working hours for which, pursuant to point G. of this chapter, a premium of more than 50% is payable shall not qualify as extra hours within the meaning of point 1. but as overtime.

3. The daily working hour limit of 9 hours and the working hour limits pursuant to points B. 1.4. and C. 1.4. of this chapter may not be exceeded by extra hours within the meaning of point 1.

4. Compensation for extra hours shall be calculated by dividing the gross monthly salary by 167. On transfer to the NEW salary scheme, compensation for extra hours shall be calculated by dividing the gross monthly salary by the normal working hours specified in this Collective Bargaining Agreement and by 4.33.

5. Instead of paying out extra hours, time off in lieu may be granted as compensation at a rate of 1:1.

6. The provisions of this chapter shall be applicable until such time as any further reduction in weekly working hours enters into force.

F. NORMAL WORKING HOURS AND EXTRA HOURS DURING EXTENDED OPEN-ING HOURS

1. General

1.1. The entitlement to compensatory time credit or, as the case may be, to pay within the meaning of this point is justified for work performed within the scope of the provisions of the Opening Hours Act (ÖZG) for opening hours with a view to providing advice and support to customers, selling goods and for directly related activities or activities without which such advice, support or the sale of goods would not be feasible, and for other work demanded by the employer in connection with using the option of extended opening hours if and to the extent that any such work is performed within the scope of opening hours exceeding the number of opening hours permissible prior to 1 September 1988.

1.2. Compensatory time credit, which shall generally be used up in the form of time off, shall be granted for normal working hours (within the applicable normal weekly working hours) and for extra hours (in the amount of 1.5 hours per week pursuant to point E. of this chapter) performed on workdays from Monday through Friday between 6:30 pm and 9:00 pm and for any work, particularly finishing work, performed until 9:00 pm in connec-tion with the extended opening hours and on Saturday between 1:00 pm and 6:00 pm.

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1.3. The option of compensation in accordance with the paragraphs 4 and 5 below requires a works agreement or - in companies without a works council - a separate written agreement. The works agreement may also au-thorise the separate agreement to determine the form of compensation.

1.4. If setoff of compensatory time credit is ensured in the form of a whole non-working day in a manner that warrants uninterrupted time off and includes the weekly rest period or a public holiday rest period, then this time credit for work performed from Monday through Friday from 6:30 pm to 8:00 pm and on Saturday between 1:00 pm and 6:00 pm shall amount to 30% = 18 minutes of every actually performed normal working hour and/or extra hour.

1.5. If setoff of compensatory time credit is ensured in the form of a whole non-working day, then this com-pensatory time credit for work performed from Monday through Friday between 6:30 pm and 8:00 pm and on Saturday between 1:00 pm and 6:00 pm shall amount to 50% = 30 minutes of every actually performed normal working hour and/or extra hour. Compensatory time credit may also be used up in connection with any agreed time off in lieu for extra hours and overtime.

1.6. If agreed compensatory time credit pursuant to 1.4. and 1.5. can no longer be used up due to termination of employment under a contract of service, such compensatory time credit shall be paid out in the amount applicable for such compensatory time credit. This shall be calculated by dividing the gross monthly salary by the normal working hours specified in this Collective Bargaining Agreement and by 4.33.

1.7. For any other form of setoff through compensatory time credit the following shall apply:

1.7.1. from Monday - Friday between 6:30 pm and 8.00 pm: 70% = 42 minutes

1.7.2. from Monday to Friday as of 8:00 pm: 100% = 60 minutes

1.7.3. on Saturday between 1:00 pm and 6:00 pm: 50% = 30 minutes

of the normal working hours and/or extra hours actually performed in these time periods.

1.8. If pay is agreed as compensation for compensatory time credit pursuant to 1.7., such payment shall amount to the amount of the respective premiums and/or compensatory time credit. Compensation shall be calculated by dividing the gross monthly salary by 167. On transfer to the NEW salary scheme, compensation shall be calculated by dividing the gross monthly salary by the normal working hours specified in this Collective Bargaining Agreement and by 4.33.

1.9. If the compensatory time credit pursuant to 1.4 and 1.5. is not set off through the employer's fault, payment in accordance with 1.7. and 1.8. shall be due on termination of employment under a contract of service.

1.10. The assignment of employees pursuant to 1. is admissible only if and to the extent that no legitimate employee interests - for example, care of children and parents, unacceptable options for travelling back home, attendance of school and continuing education programmes - oppose the performance of this work.

1.11. These provisions shall not be applicable to white-collar workers with whom the performance of work has been agreed for Saturdays only.

2. Special sales events

2.1. The following provisions shall be applicable for work within the meaning of 1. that is performed outside the general working hours pursuant to Working Hours Act 2003 as amended by Working Hours Act 2007 (ÖZG 2003 as amended by ÖZG 2007) and permitted on the basis of an ordinance pursuant to sec. 4a (1) nos. 3 and 4 Working Hours Act (ÖZG).

2.2. Employers who keep their sales outlets open after 9:00 pm within the scope of such a sales event and require their employees to work within the meaning of 1. shall be obliged to notify employees thereof no later than two weeks prior to any such event. The employee who receives such notification in a timely manner shall be entitled to turn down the request to work within one week from receipt of such notification. No employee may be prejudiced as a result of turning down such a request to work.

2.3. For such work performed after 9:00 pm, the employee shall be entitled to 100% compensatory time credit for the hours worked until the end of the sales event and performing any related work, particularly finishing work. Monetary compensation may be agreed.

2.4. Entitlements pursuant to 1. and/or 2.3. shall not be applicable to employees employed exclusively for the purpose of working within the scope of special sales events.

2.5. After a work assignment after 9:00 pm, the employee must be granted a rest period of no less than 11 hours. If this cannot be organised due to operational constraints, the rest period may be cut down to 8 hours acc. to A. 8. of this chapter, particularly in micro-entities.

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2.6. Where possible, employees with long trips home and without individual means of travelling home (pas-senger car, public transport) shall, where possible, not be assigned for work in accordance with 2.1. or the employer shall organise car pools for such employees. Reimbursement of any resulting additional costs by the employer may be agreed.

2.7. A works agreement may be signed by which the employer reimburses the employee any costs for childcare incurred due to the work performed pursuant to 2.1.

G. OVERTIME

1. General

1.1. Overtime shall be any working hour in excess of the daily working hours specifically determined by the provisions under A. of this chapter, including any extra hours pursuant to E. of this chapter.

1.2. Overtime shall include any work performed on public holidays if the normal working hours determined for the respective workday are exceeded. Furthermore, overtime shall include work performed on Sundays.

1.3. If normal working hours pursuant to A. of this chapter are scheduled differently, overtime shall be in-curred only if the daily working hours specifically agreed plus extra hours pursuant to E. of this chapter are exceeded due to the differently scheduled normal working hours.

1.4. In the case of part-time employment, overtime is incurred only if the daily or weekly working hours agreed for full-time employment are exceeded.

1.5. Where possible, the employer's timely request of overtime shall, where possible, be made after hearing the works council within the scope of working hour exceedances admissible under the law.

1.6. Unless excluded by contract, employees shall be obliged to perform overtime within the scope of working hour exceedances admissible under the law if the request is made in a timely manner and no legitimate employee interests opposed this.

1.7. As a rule, minors under 18 shall not be asked to perform overtime. If, in exceptional cases, overtime should become necessary, compensation for overtime shall be determined by the rates applicable for employees in employment group 2, 1st year of service and/or employment group C grade 1. For apprentices under 18 years of age, the lowest white-collar worker salary (at least employment group 2, 1st service year or employment group C grade 1) shall be used to compute basic hourly pay and the premium.

2. Overtime pay

2.1. Overtime pay shall consist of basic hourly pay and a premium.

2.2. The basic hourly pay amounts to 1/158th of the gross monthly salary.

2.3. The overtime premium shall amount to 50%.

2.4. A 100% premium shall be paid for overtime performed in the time from 8:00 pm to 6:00 am and on Sundays and public holidays.

2.5. For overtime within the scope of extended opening hours (provision F.) performed in the time from Monday through Friday between 6:30 pm and 8:00 pm and on Saturday between 1:00 pm and 6:00 pm plus work performed in connection with the extended opening hours, particularly finishing work, a 70% premium shall be payable.

2.6. For overtime within the scope of the extended opening hours (provision F.) performed in the time from Monday through Friday as of 8:00 pm, a 100% premium shall be payable.

2.7. For overtime performed after 1:00 on Saturdays on which shops are open for business prior to Christmas, a 100% premium shall be payable.

2.8. For overtime performed on Saturdays after 1:00 pm and until 6:00 pm within the scope of inventories, a 70% premium shall be payable. From 6:00 pm to 8:00 pm a 100% premium shall be payable.

2.9. Overtime shall be payable by no later than at the end of the salary period following such overtime performance.

3. Lump-sum compensation

An overtime allowance may be agreed by way of an agreement between individual employers and employees; however, on average over the period of validity of any such agreement, the employee must not earn less than when earning regular overtime pay.

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4. Compensation in time off

Instead of paying overtime, an employee may be granted time off as compensation. Compensation for overtime with a 50% premium shall be at a ratio of 1:1.5, whereas compensation for overtime with a 70% premium at a ratio of 1:1.7 and overtime with a 100% premium at a ratio of 1:2. If a ratio of 1:1 is agreed for compensation, the entitlement to overtime allowance shall continue to apply.

H. INVENTORY WORK

1. With respect to compensation for inventory work (no. 2) on Saturdays after 1:00 pm, the provisions of F. 1. are applicable (normal working hours and extra hours during the extended opening hours) and a 70% premium shall be payable for overtime. As of 6:00 pm a premium of 100% shall be due. The premiums and compensatory time credit shall not be applicable exclusively to employees hired for inventory services.

2. Inventory work is performed to conduct and review

2.1. inventory audits at the end of a calendar or, as the case may be, financial year,

2.2. inventories for transfers or takeovers once in a calendar or financial year,

2.3. inventories to comply with a request by the authorities,

2.4. Inventories directly after exceptional events (burglary, force majeure events) on Saturdays until 8:00 pm.

3. Assigning employees to work during working hours as provided for under 1. and 2. is admissible only if and to the extent that no legitimate employee interests - for example, care of children and parents, unaccepta-ble options for travelling back home, attendance of school and continuing education programmes - oppose the performance of such work.

I. DAYS OF REST

1. General provisions

1.1. Days of rest are all Sundays as well as statutory public holidays, i.e. January 1st, January 6th, Easter Monday, May 1st, Ascension Day, Pentecost Monday (Whit Monday), Corpus Christi, August 15th, October 26th, November 1st, December 8th (with the exception of sec. 13a Act on Rest Periods [ARG] and sec. 18a Children and Adolescents Employment Act [KJBG]), December 25th and 26th. Black Friday is a statutory holiday for members of the Evangelical Church of the Augsburg and Helvetic Confessions, of the Old Catholic Church and the Methodist Church.

1.2. Yom Kippur is a non-working day for members of the Vienna Israelite Community. However, leave with continued pay shall only be granted if the employee in question request such leave no later than one week in advance and there are no operation reasons that would oppose any such leave.

1.3. The provisions of the Act on Rest Periods (ARG) shall be applicable for work on public holidays and compensation for such work.

2. Special provisions for work performed on December 8th

2.1. According to sec. 13a Act on Rest Periods (ARG) and sec. 18a Children and Adolescents Employment Act (KJBG), white-collar workers and apprentices may be asked to perform work involving the following activities in the time from 10:00 am to 6:00 pm on December 8th, provided this day is not a Sunday:

2.1.1. activities involving customer advice and support,

2.2.2. activities involving the sale of goods,

2.2.3. activities directly related to these activities or without which above occupations would be unfeasible, and

2.2.4. other activities required by the employer in connection with the occupations listed above.

2.2. Preparatory and finishing work shall be admissible in excess of the time period specified in 2.1 only to the extent necessary.

2.3. Employers who keep their sales outlets open on December 8th and require their employees to work pur-suant to 2.1 shall be obliged to notify the employee thereof by no later than November 10th. The employee who receives such notification in a timely manner shall be entitled to turn down the request to work on December 8th within one week from receipt of such notification. No employee may be prejudiced as a result of turning down such a request to work on December 8th.

2.4. With respect to compensation for work performed on December 8th, the relevant provisions set forth under the Act on Rest Periods (ARG) and of the present Collective Bargaining Agreement shall be applicable.

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2.5. For work performed by an apprentice on December 8th, the rate for employment group 2, 1st year of service or, as the case may be, employment group C grade 1 shall serve as calculation basis for compensation pursuant to sec. 9(5) Act on Rest Periods (ARG).

2.6. Employees shall be granted additional time off for working on December 8th. Time off shall be taken by March 31st of the following year, giving due consideration to operational requirements and the individual em-ployee's interests and subject to continued pay . An employee who works up to 4 hours shall receive 4 hours as time off, whereas an employee who works more than 4 hours shall be given 8 hours off.

Monetary compensation is inadmissible as long as employment under a contract of service continues.

2.7. Points 2.3. and 2.6. shall not be applicable to employments admissible by virtue of labour law provisions applicable prior to 6 November 1995.

2.8. In connection with work performed on December 8th, works agreements may be concluded within the scope of points 2.1. through 2.6 .

2.9. Even if December 8th falls on a Saturday, it shall not be a Saturday on which shops are open pursuant to C. 1.5. of this chapter (entry into force 1 January 2008). In this case, these provisions shall be applicable to December 8th and not C. 1.5. (entry into force 1 December 2007).

CHAPTER 3) PAY

A. NEW SALARY SYSTEM

1. General provisions

1.1. Employees shall be paid a monthly minimum salary in due consideration of the provisions set forth be-low.

1.2. Employees shall be classified into the employment group (A-H) to which their respective occupation cor-responds subject to the following rules regarding previous employment periods. The employment group de-scriptions shall be determine classification. Reference functions shall provide an additional sense of direc-tion.

2. Recognition of previous employment periods

2.1. Up to a maximum of 7 years in previous employment periods pursuant to points 2.1.1. through 2.1.7. shall be taken into account when grading an employee according to a pay scale. 2.1.1. Previous employment periods within the scope of white-collar employment, self-employment, as quasi-freelancer (freier Dienstnehmer) or in the public service shall be recognised if appropriate proof is provided. 2.1.2. Previous employment periods within the scope of blue-collar employment shall be recognised at a rate of 50% if appropriate proof is provided. 2.1.3. Furthermore, periods of military and alternative civil service shall be considered previous employment periods. 2.1.4. One year of previous employment shall be counted for passing the final apprenticeship examination in the following apprenticed trades: retail trader, apprenticed non-druggist, photo and multimedia trader, book and music merchant, weapons and ammunition trader as well as office assistant (apprenticed commercial administrative trades: all apprenticed trades replacing the apprenticed office assistant trade as well as re-placements pursuant to the decree issued in accordance with sec. 34 Vocational Training Act [BAG] - see An-nex 12). The same applies for dual apprenticeships. If such a final apprenticeship examination is passed while the apprenticeship for the relevant trade is still ongoing, this one year will be recognised as a previous em-ployment period once continued employment commences in accordance with this Collective Bargaining Pe-riod. If such a final apprenticeship examination is passed during continued employment after completion of the apprenticeship or at a later point in time, this one year will be recognised as a previous employment pe-riod as of the first day of the month following the final apprenticeship examination. 2.1.5. Two years shall be recognised for successfully graduating from secondary college for business admin-istration (Handelsakademie). 2.1.6. Parental leave or, as the case may be, time spent caring for young children will be recognised as previ-ous employment periods up to a maximum of 24 months. 2.1.7. If substantiated and proven, previous employment periods served abroad shall be taken into account accordingly pursuant to this provision when calculating previous employment periods. 2.2. Furthermore, an additional year shall be recognised as previous employment period for employees working in the field of Sales & Distribution who record the prices of goods and the billed amounts using a computer and/or process cash and cashless payments and/or issue bills. If the employee does not perform these activities prior to commencing employment under a contract for services, but only at a later point in

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time within the first six months of employment under a contract for services, this additional one year shall be recognised at such point in time.

3. Employment group schedule

3.1. Employment group A

This employment group shall comprise

3.1.1. employees who, within the scope of white-collar employment, perform ancillary activities in com-pliance with clearly defined specifications and precise working instructions while making proper use of their work equipment. They have only a minor scope of discretion within the scope of the occupation they perform.

No technical knowledge or skills are needed for this occupation, no training and/or professional experi-ence is required. A very brief familiarisation period of no more than one day (8 hours maximum) is re-quired.

3.1.2. By way of example, these include the following functions:

Field Function

Logistics Non-skilled storehouse employees, assistants in white-collar employment

Technical Service Cleaning staff, parking attendants

Comment: In light of the definition of white-collar work under the White-collar Workers Act (AngG), these activities are considered blue-collar work. This employment group is intended to provide guidance to those companies in their classification that voluntarily subject blue-collar workers to the Collective Bargaining Agreement for Commercial White-Collar Workers.

3.2. Employment group B

This employment group shall comprise

3.2.1. employees who within the scope of white-collar employment perform activities in compliance with clearly defined specifications and precise instructions while making proper use of their work equip-ment. They have only a limited scope of discretion. In the occasional contact with customers, colleagues or suppliers, they provide basic information in the course of the activity to be carried out.

No technical knowledge or skills are needed for this occupation, no training or no completed training is needed and/or little professional experience is required. A very brief familiarisation period of no more than three days (24 hours maximum) is required.

3.2.2. By way of example, these include the following functions and/or reference functions:

Field Function and/r reference function

Sales & Distribution Function of stock clerks in employment, white-collar workers in sales, without any completed vocational training in a commercial trade, pro-vided they should not be ranked higher.

Logistics Acceptance of goods (in the delivery area)

Comment: In light of the definition of white-collar work under the White-collar Workers Act (AngG), these activities are considered blue-collar work. This employment group is intended to provide guidance to those companies in their classification that voluntarily subject blue-collar workers to the Collective Bargaining Agreement for Commercial White-Collar Workers.

3.3. Employment group C

This employment group shall comprise

3.3.1. employees who independently perform standardised tasks in accordance with generally described specifications and work instructions. They are responsible for an adequate work result and have a scope of discretion that corresponds to their area of responsibility. This occupation requires basic communication skills, customer orientation and team skills, because information needs to be exchanged in routine contact with customers and/or suppliers and in work with colleagues and simple advisory services need to be provided.

The occupations require technical knowledge and skills needed to perform standard commercial and/or administrative tasks.

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Furthermore, employees who have completed an apprenticeship as retail traders or a commercial ad-ministrative apprenticeship (all apprenticed trades replacing the LAP of the apprenticed office assistant trade) or a school education requiring a similar level of skills (pursuant to decree issued in accordance with sec. 34 Vocational Training Act [BAG]). As well as employees who have acquired a similar level of qualifications or following four years of relevant vocational experience on the job.

Employees of the field Sales/Distribution who perform one or several of the standard activities listed below in the following four fields of activity:

Customer attendance

Identifying the customer's need, providing basic related information which the employee is quali-fied to give after completing relevant vocational training, e.g. final apprenticeship examination in retail

Handing the desired items to the customer

Claims and/or exchange processes that trigger a standard procedure and need to be implemented in compliance with the employer's exact specifications

The manufacture of products by assembling component goods in accordance with instructions given

Inspection

Simple checks, probes in the course of sales processes (e.g. in theft prevention = back checks) or in the scope of delivery (= supplier theft) plausibility checks (date check of fresh goods, weighing of bulk goods, etc.).

Cashiering

Computer-assisted registration of item prices and the billed amount, handling of cash and cashless pay-ment processes and presentation of the bill.

Handling

Registration of the goods, professional packing or packaging of the goods

Carrying out plausibility checks on orders based on system proposals and implementation of minor adjustments

Explanation of company-specific conditions, rules and procedures

Receipt and processing of orders placed in the context of distance selling (orders for which one or several means of telecommunication is/are used, e.g. orders by post, catalogue, internet, telephone or fax) and related information and advisory services

Decoration in accordance with precise specifications, usually directly in the branch Implementation and/or verification of stipulated standards

3.3.2. Employees entrusted with management tasks of employment group E from time to time. They shall receive substitution pay in the amount of € 1.50 per hour or € 12 per day or € 60 per week (for next increment see 4.5.1 in this chapter).

3.3.3. By way of example, these include the following reference functions:

Field Reference function

Sales & Distribution Sales

Marketing & Communi-cation

Customer care agent

Commercial & Adminis-trative Services

Assistance (secretariat), bill verification, debtor accounting

3.4. Employment group D

This employment group shall comprise

3.4.1. Employees who perform recurring (partly standardised) tasks independently and on their own

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authority in a clearly and precisely defined field of activity. They are responsible for an adequate work result and take decisions independently within the scope of their field of responsibility. The activities routinely require skills needed to perform largely standardised, but comprehensive commercial, administrative or technical tasks. This occupation requires basic communication skills, customer orientation and team skills, because information needs to be exchanged in routine contact with customers, suppliers or in work with colleagues and specific advisory services need to be provided.

To the extent that employees who have completed a commercial apprenticeship or an apprenticeship in the book and media trade, as druggists or photo and multimedia traders or a school education requiring a similar level of skills or have acquired a similar level of qualifications, provided such training is of rele-vance for the occupation. Furthermore, this employment group shall include employees who have com-pleted a certified continuing education programme, provided the programme meets the criteria of addi-tional protocol 9.1 and is of relevance for the occupation.

Employees who have passed an instructor exam and are routinely entrusted with the technical training of apprentices.

Moreover, employees who routinely perform standardised commercial and/or administrative tasks that are commensurate with employment group C in a foreign language, provided the foreign language is re-quired by the employer under a contract for services to perform the occupation. All languages except for German, the language defined as national language by the Federal Constitution, shall be considered foreign languages.

Employees in the field of Sales & Distribution who perform at least one of the following qualified supple-mentary activities in addition to the standard activities defined for the four fields of activity in employ-ment group C:

a) customer advice using in-depth knowledge of the goods (see additional protocol 9.1.), b) customer advice using knowledge acquired in a company-specific or generally recognised continuing

education programme (see additional protocol 9.1.), c) direction, supervision and verification of self-service processes or procedures, which are

implemented independently by customers, particularly when several customers/processes need to be monitored at the same time,

d) handling of claims and/or goods exchanges involving work procedures that require a separate authorisation,

e) placement of orders, also on the basis of system proposals in consideration of several factors, e.g. spoilage, wastage, season, regional events, etc. that influence the order quantities,

f) demonstrating and directing individual activities (practical direction= employee shows a work procedure to another employee and carries out the necessary exercises with this employee),

g) the manufacture or assembly of products in accordance with own criteria. The employee works on his/her own for the most part and/or develop solution-oriented products to accommodate a customer's individual needs. With their knowledge and skills, they contribute to the success of the manufactured product,

h) the employee decorates in compliance with roughly formulated requirements, usually working across several branches and/or verifies implementation of specifications (decorators and visual merchandisers).

3.4.2. Employees permanently entrusted, by way of substitution, with the performance of management tasks of employment group E. 3.4.3. As well as employees entrusted with management tasks of employment group F from time to time. They shall receive substitution pay in the amount of € 2 per hour or € 16 per day or € 80 per week (for next increment see 4.5.1 in this chapter). 3.4.4. By way of example, these include the following reference functions:

Field Reference function

Purchase Purchase assistance

Sales & Distribution Sales

Marketing & Communi-cation

Supervisor customer care centres, data analysts, online marketing manage-ment, online shop management, SEO management,

Commercial & Adminis-trative Services

Assistant (secretariat), accounting, payroll accounting

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Technical Service Building services engineering

IT Support helpdesk

3.5. Employment group E

This employment group comprises

3.5.1. Employees who work in their defined remit within the scope of roughly delineated specifications, including non-standardised tasks. They are responsible for an adequate work result and take decisions independently within the scope of their field of responsibility. They perform comprehensive technical tasks and/or advisory services which require advanced advisory and solution-finding skills, i.e. strong communication skills, customer orientation and team skills, but also basic negotiating skills, e.g. for negotiations in sales talks. In addition, these occupations require technical and specialised skills for the performance of large, only partly standardised commercial, administrative or technical tasks. Furthermore, employees who have completed a college for higher vocational education, provided this training is required by the employer under a contract for services to perform the occupation.

As well as employees who routinely perform commercial and/or administrative tasks that are commen-surate with employment group D, in writing or orally, in a foreign language, provided the foreign lan-guage is required by the employer under a contract for services to perform the occupation. All languages except for German, the language defined as national language by the Federal Constitution, shall be con-sidered foreign languages.

Employees in the field of Sales & Distribution who perform at least one of the following specially quali-fied supplementary activities in addition to the standard activities defined for the four fields of activity in employment group C:

a) In-depth technical, solution-oriented advice. Customer advice relationships generally exist over a long time, the product and/or the solution require/s knowledge of complex underlying conditions.

b) Management of the safe, stall money and/or acceptance of cash and cashless means of payment as well as preparation of the service plan for the checkout staff.

c) Claims that involve far-reaching challenges. Here, employees devise goodwill solutions within their remit and are authorised to negotiate these with customers.

d) Initial training in an area of work, including theoretical background knowledge and systematic frame of reference (comment: the frame of reference within a large company...).

e) Customer-specific solutions/quotes are planned and written up on the basis of individual requirements.

f) Negotiations are conducted to independently determine the form of purchase contracts. Pricing follows general rules. Cost estimates are drawn up independently.

3.5.2. Employees who provide technical guidance to colleagues of employment group A through D in their organisational unit and/or perform limited disciplinary management functions. They have technical and/or limited disciplinary management responsibilities but do not take staff decisions. In particular, they are responsible for the technical training of apprentices. Employees permanently entrusted, by way of substitution, with the performance of management tasks of employment group F. 3.5.3. By way of example, these include the following reference functions:

Field Reference function

Purchase Junior category management

Sales & Distribution Sales, Department Management, Market Management/Branch Management

Marketing & Communi-cation

Social-media management, media engineer, business intelligence, team man-agement

Commercial & Adminis-trative Services

Assistance /head of specialist division, payroll accounting, accounting, safety engineer

Logistics Internal logistics

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Technical Service Operating facilities engineering, customer service engineering, building ser-vice engineering

IT Computer engineering

3.6. Employment group F

This employment group comprises

3.6.1. Employees who, for the most part independently, take on comprehensive non-standardised technical matters and/or advisory tasks and/or, in a wider scale, planning, conceptive, organisational and managing activities in their remit. The employees take comprehensive operating decisions that have an impact on others in operational divisions and prepare strategic decisions. They bear responsibility for the work results in their remit and their organisational unit. Not only are above-average technical knowledge and skills for the fulfilment of complex tasks required, but also advanced social skills, particularly customer orientation and team skills, communication and negotiation skills as well as motivational skills and the ability to handle conflicts, for example in negotiations with customers and suppliers, but also collaboration within the company. 3.6.2. Employees who provide technical guidance to colleagues of employment group A through E in their organisational unit and/or perform limited disciplinary management functions. They have technical and/or limited disciplinary management responsibilities but take part in staff decisions. They are responsible for ensuring compliance with budget targets and take measures independently. 3.6.3. By way of example, these include the following reference functions:

Field Reference function

Purchase Scheduler (procurement), category management / purchase

Sales & Distribution Specialised support, market management/branch management, field ser-vice/key account, sales advice

Marketing & Communi-cation

Marketing specialist, customer relations management, product development, social-media management

Commercial & Adminis-trative Services

Department management, responsibility accounting, HR development, payroll accounting, financial accounting, internal audits, team/group management

Logistics Supply chain management/ goods flow management

Technical Service Operating facilities engineering

IT Programming - database and software development, system administration – network engineering – database administrator

3.7. Employment group G

This employment group comprises

3.7.1. Employees who, completely independently, take on complex technical matters and difficult activities for a large specialised department, a staff unit or a territorially defined area and/or, for the most part independently, take comprehensive strategic decisions with a material impact on operations and are accountable for these. Within the scope of their remit, they are responsible both for the work results of the organisational unit and for target/budget compliance. Not only are exceptional technical knowledge and skills for the fulfilment of complex tasks required, but also profound social skills, particularly customer orientation and team skills, communication and negotiation skills as well as strong motivational skills and the ability to handle conflicts, for example in negotiations with customers, suppliers and business partners. 3.7.2. Employees who have management responsibilities for part of the company, for a large specialised department, a staff unit or for a territorially defined area and are vested with the necessary authority. They routinely and permanently provide technical supervision to the employees and managers in their organisational unit and assume disciplinary management tasks. They plan, organise, coordinate and monitor task fulfilment between own departments and departments in other specialist divisions. As well

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as managers who take staff decisions independently and/or supervise employees of employment groups A through F who are under their authority. 3.7.3. By way of example, these include the following reference functions:

Field Reference function

Purchase Category management / purchase

Sales & Distribution Area management, establishment management, key account (sales manage-ment)

Marketing & Communi-cation

Marketing specialist, public relations, product development

Commercial & Adminis-trative Services

Department management, divisional management, responsibility accounting, HR development, internal audits

Logistics Supply chain management / goods flow management

Technical Service Construction engineering/planning, real estate management, quality manage-ment

IT Programming - database and software development, project management

3.8. Employment group H

Employment group H comprises

3.8.1. Employees with comprehensive knowledge and experience in management positions with a strong impact on the company in their realm.

3.8.2. By way of example, these include the following reference functions:

Field Reference function

Commercial & Adminis-trative Services

Business management, management board

4. The pay scale

4.1. General provisions

Payout of the salary is subject to the provisions of the White-Collar Workers Act (AngG). Every employee shall be presented a pay slip in writing or in electronic format, which indicates the gross salary as well as all supple-ments and deductions.

4.2. The pay scale The gross salaries and gross apprentice's compensation indicated in the pay scale are minimum rates.

Grade (year) A B C D E I G H

Grade 1 (1st to 3rd year)

1,533

1,585

1,636

1,738

1,891

2,147

2,658

3,271

Grade 2 (4th to 6th year)

1574

1,636

1,728

1,866

2,060

2,402

2,939

3,577

Grade 3 (7th to 9th year)

1,615

1,687

1,820

1,993

2,228

2,658

3,220

3,884

Grade 4 (10th to 12th year)

1,912

2,121

2,397

2,913

3,501

4,191

Grade 5 (from the 13th year)

2,004

2,249

2,566

3,169

3,782

4,497

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4.3. Advancement

4.3.1. The salary increment that becomes applicable when an employee moves to the next salary grade shall become effective on the first day of the month in which the new year of service as a white-collar worker commences. Any overpayments previously made may be offset against the increment.

4.3.2. For parental leaves, a maximum of 22 months per child shall be taken into account as years of ser-vice as a white-collar worker. The above shall be applicable for parental leave commencing on 1 Decem-ber 2017 or later.

4.3.3. Periods of military and alternative civil service shall qualify as years of service as a white-collar worker. The above shall be applicable for periods of military and alternative civil service commencing on 1 December 2017 or later.

4.4. Reclassification

4.4.1. In the event of reclassification into a higher employment group, the minimum basic salary under the Collective Bargaining Agreement applicable for the grade which is higher than the minimum basic salary under the Collective Bargaining Agreement of the grade that would have been reached with the next advancement in the previous employment group. Where there would be no next higher grade if the employee were to remain in the previous employment group, the minimum basic salary under the Col-lective Bargaining Agreement of the grade in the higher employment group shall be payable that is higher than the previous minimum basic salary under the Collective Bargaining Agreement of the grade in the previous employment group. Any overpayments previously made may be offset against the incre-ment.

4.4.2. On reclassification into a higher employment group, employees entitled to reform differential 1 shall be paid the next nearest higher minimum basic salary of the new employment group that follows the minimum basic salary plus reform differential 1 previously reached under the Collective Bargaining Agreement. As A result, reform differential 1 shall be reduced by the difference between the minimum salary under the Collective Bargaining Agreement of the previous employment group and the minimum salary under the Collective Bargaining Agreement of the higher employment group. Any remaining re-form differential 1 must continue to be disclosed and shall be increased annually just like minimum sala-ries under the Collective Bargaining Agreement. In the event of a further reclassification, reform differ-ential 1 may be reduced until it is used up.

4.4.3. Temporary substitution for work that is classified as belonging to a higher employment group over a time period that does not exceed five uninterrupted weeks in the case of paid leave and 12 weeks in the case of sick leave shall not entitle to any increment in monthly pay. However, if this time period is exceeded, then the employee shall be paid the pay of this group for the entire period in which he/she performed the occupation classified as belonging to the higher employment group. Employees who are temporarily assigned management tasks that are classified as belonging to the next higher employment group shall be paid the substitution pay stipulated for the respective employment group.

4.5. Other provisions

4.5.1. Substitution pay pursuant to employment groups D and E shall be adjusted ever two years by the total percentage of the increments of the current year and the previous year under the Collective Bar-gaining Agreement. The first increment shall be implemented as of 1 January 2019.

4.5.2. Rules on granting cash shortage allowances may be agreed in works agreements.

5. Trainee classification during development

5.1. Trainees are employees developed within the scope of internal promotion and training programmes to become versatile junior employees (manager and/or specialist).

5.2. Typical trainee programmes components include not only practical deployments in various company de-partments/branches, but also induction and network events as well as general seminars on technical and management themes.

5.3. Trainees may be assigned to an employment group that is one lower than the employment group of the target position for the duration of the programme, but no longer than for a period of 18 months. The provisions of point A. 4.4. of this chapter shall apply accordingly.

5.4. Trainees shall be presented a deployment and training plan at the beginning of the programme.

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6. Christmas bonusFehler! Textmarke nicht definiert. and leave allowance

6.1. Christmas bonus

6.1.1. With the exception of employees paid by commission, all employees and apprentices shall receive their Christmas bonus by no later than December 1st. This bonus shall amount to 100 percent of the No-vember salary or, as the case may be, the apprentice's compensation paid out in November.

6.1.2. The employees and apprentices entering and leaving the company in the course of the year shall be entitled to an aliquot share; for employees and apprentices leaving the company, this share shall be calculated on the basis of the last monthly salary or, as the case may be, the last monthly apprentice's compensation.

6.1.3. With employees who complete their apprenticeship in the course of the year, the Christmas bonus shall consist of the aliquot share of the last monthly apprentice's compensation and the aliquot share of the employee salary (of the November salary if the apprenticeship ends at the end of November, other-wise of the December salary).

6.1.4. In the case of part-time employees with work shifts of varying lengths, the Christmas bonus shall be calculated on the basis of the average for the last 13 weeks prior to becoming due.

6.1.5. Any entitlement to the Christmas bonus shall not be reduced by any times where there is no or a reduced entitlement in the event of illness or accident. This provision shall not be applicable if inability to work is due to a recreational accident. The employer may request a medical certificate specifying the cause of the inability to work before granting such an entitlement.

6.1.6. In companies where a higher Christmas bonus has routinely been paid until now, such an arrange-ment shall continue to be apply and the Christmas bonus may be reduced only following the entry into force of this Collective Bargaining Agreement.

6.2. Leave allowance

6.2.1. With the exception of employees paid by commission, all employees and apprentices shall be paid a leave allowance during the calendar year at the time they start their statutory leave; if such leave is granted in increments, the leave allowance shall be payable at the time they start the longer of their leaves and, if the leave increments are all of equal duration, the leave allowance shall be payable at the time they start their first leave increment, but no later than on June 30th. The leave allowance shall amount to 100 percent of the gross monthly salary or, as the case may be, the monthly apprentice's compensation due at the time an employee starts their leave or, as the case may be, on June 30th. If termination of employment or the apprenticeship has been decided before an employee goes on leave, this employee shall be entitled to the aliquot share of the leave allowance.

6.2.2. Employees and apprentices who enter employment in the course of a calendar year shall be enti-tled merely to the aliquot share of the leave allowance in the above case. If an employee takes up em-ployment after June 30th, this aliquot leave allowance shall be payable on December 31st of the current calendar year, calculated on the basis of the December salary amount or, as the case may be, the ap-prentice's compensation for December.

6.2.3. In the same situation, the employees and apprentices leaving a company in the course of the cal-endar year shall likewise be entitled to the aliquot share of the leave allowance, calculated on the basis of the last gross monthly salary or, as the case may be, the last apprentice's compensation.

6.2.4. With employees who complete their apprenticeship in the course of the calendar year, the leave allowance shall consist of the aliquot share of the last monthly apprentice's compensation and the ali-quot share of the gross monthly salary.

6.2.5. When an employee or apprentice, after receiving the leave allowance to which they are entitled to in the course of a calendar year, terminate employment of their own volition, resign early from their position without good cause or are terminated early for good cause, they shall agree to having the ali-quot share of the excess leave allowance they received in the current calendar year set off against any further claims arising out of employment (especially outstanding salary and Christmas bonus). This setoff shall be applicable in the first six months of employment under a contract for services regardless of the form of termination.

6.2.6. In the case of part-time employees with work shifts of varying lengths, the leave allowance shall be calculated on the basis of the average for the last 13 weeks prior to becoming due.

6.2.7. Any entitlement to leave allowance shall not be reduced by any times where there is no or a re-duced entitlement in the event of illness or accident. This provision shall not be applicable if inability to

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work is due to a recreational accident. The employer may request a medical certificate specifying the cause of the inability to work before granting such an entitlement.

6.2.8. Any previously granted special allowances for holiday or recreational purposes shall be included in the leave allowance.

7. Form requirements for all-in contracts

7.1. The contract (notice of employment information ["Dienstzettel"] or contract for services) shall include: 7.1.1. the amount of the basic salary for normal working hours (cf. additional protocol 8.2.), 7.1.2. the amount of the allowance and which pay components, particularly whether overtime on Sun-days and public holidays, are covered by it, 7.1.3. whether any commissions are offset against other and which pay components. The special provi-sions in point D of this chapter shall be taken into account, 7.1.4. other pay components, e.g. earmarked supplements 7.1.5. an indication of total pay, employees paid by provisions excepted.

7.2. For employees who are classified into employment group A through E and to employment group F in Sales & Distribution as well as Technical Service and are not exempted from the Working Time Act (AZG), only the imputed maximum per calendar year may be considered for the lump-sum compensation for extra hours and overtime.

7.3. The coverage calculation (cf. additional protocol 8.2.) 7.3.1. To verify adequate coverage, the pay of the last calendar year due for actually performed work (including lost time pay) shall be calculated for the pay components covered by the lump sum and juxta-posed with the lump sum actually paid out in the calendar year. If insufficient coverage is determined, the difference shall be paid out in the month following the coverage calculation along with the salary. 7.3.2. The employee shall be presented the coverage calculation once annually in the first quarter, but no later than by March 31st of the following year. 7.3.3. Optionally, by way of derogation from 7.3.2 a) the obligation to present the coverage calculation may, by virtue of a works agreement, be limited to

employees whose lump sum amounts to less than one third of total pay in companies with a works council.

a) the obligation to present the coverage calculation may, by virtue of a separate written agreement, be amended to require presentation on the request of the employee whose lump sum amounts to more than one third of total pay in companies without a works council.

7.3.4. To verify adequate coverage for employees paid by provision whose fixed basic salary is below the minimum salary under the Collective Bargaining Agreement, the pay due for the actually performed work (including lost time pay) for the relevant accounting period, pursuant to the special provision point D of this chapter, shall be determined for the pay components covered by the commission and juxta-posed with the commission actually paid out in the relevant accounting period. If insufficient coverage is determined, the difference shall, by way of derogation from 7.3.2., be paid out in the month following the coverage calculation along with the salary, but no later than at the end of the following quarter-year period. 7.3.5. The coverage calculation shall itemise the amounts of the various components of the agreement, particularly overtime on Sundays and public holidays. Furthermore, the applicable fictitious pay calcu-lated on the basis of the general lost time principle (Ausfallsprinzip) (e.g. in the event of illness or holi-day and on public holidays) needs to be taken into account. 7.3.6. The works council shall be informed of how the company handles the coverage calculation. Ac-cording to sec. 89 no. 1 Industrial Relations Act (ArbVG), the works council is entitled to inspect, check and verify the coverage calculation.

8. Additional protocols of the parties to the Collective Bargaining Agreement

8.1. Delimitation of employment group C / D: customer advice and goods knowledge in the field of Sales & Distribution

8.2. Calculation examples for lump-sum payment of pay components (all-in contracts)

8.1. Additional protocol of the Collective Bargaining Agreement for White-collar Employees and Apprentices in Commerce concerning the delimitation between employment group C and D in terms of customer advice and goods knowledge in the field of Sales & Distribution in bricks-and-mortar commerce

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Employment group C:

Employees in the field of Sales & Distribution who perform one or several of the standard activities de-fined for the four fields of activity in employment group C shall likewise be classified into this employ-ment group. This applies particularly for the identification of customer needs, providing basic related information which the employee is qualified to give after completing relevant vocational training, e.g. final apprenticeship examination in a speciality of the apprenticed trade retail trader.

Employment group D:

Employees in the field of Sales & Distribution who perform at least one of the mentioned qualified sup-plementary activities in addition to the standard activities defined for the four fields of activity in em-ployment group C shall be classified into employment group D. In particular, this shall be applicable for

1. customer advice using in-depth knowledge of the goods 2. customer advice using knowledge acquired in a company-specific or generally recognised continuing

education programme

ad 1) employees may use in-depth knowledge of the goods only if

the product range extends beyond the typical basic product range of an industry and thus represents an above-average product depth or breadth,

selling the product requires intensive advice.

ad 2) employees can use knowledge demonstrably acquired in a company-specific or generally recog-nised continuing education programme (certification). The continuing education programme must be completed for it to be recognised in the labour market and consist of a theoretical and practical part. The knowledge acquired may be applied independently of the company. The certificate must provide a description of the material covered.

The continuing education programme shall comprise the following:

relevant product range and product expertise that goes beyond general product knowledge and co-vers all manufacturers,

application and/or use of the product,

social skills, such as the art of discourse, diction, conflict management, response to claims,

active selling methods, particularly the determination of needs, customised advice and completion of sale,

theoretical knowledge and practical skills,

Continuing education shall not comprise

basic training in a company (e.g. introduction to a product range, briefing on company-specific pro-cesses, explanation of the goods management system, general guidelines, customer contact and sell-ing methods, etc.). The basic training meets the definition of employment group C (customer at-tendance),

information on new products.

8.2. Additional protocol Additional protocol of the Collective Bargaining Agreement for White-collar Employees and Apprentices in Commerce with sample calculations for lump-sum payment of pay components (all-in contracts) As the option of lump-sum payment of pay components is already in use, these general conditions are intended to promote a transparent structure and contribute to greater legal certainty for the parties to the contract.

These form requirements shall be applicable from the time the company switches to the new salary sys-tem. Transfer notice of employment information (Umstiegsdienstzettel) shall be used to adapt all-in agreements already in place and ensure their compliance with these form requirements.

The basic salary for normal working hours is either the minimum salary under the Collective Bargaining Agreement or an agreed salary and/or a standard salary in the company that lies above the salary speci-fied in the Collective Bargaining Agreement. To ensure legal certainty, the parties to the Collective Bar-gaining Agreement recommend that the parties to the contract agree on a reasonable basic salary for normal working hours. The provisions of sec. 2g Employment Contract Law Adaptation Act (AVRAG) shall be given due consideration.

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Example (i):

Sample all-in agreement in contract for services "Based on your function, you have been assigned to employment group F, grade 4, year 10 of the Collec-tive Bargaining Agreement for White-collar workers in Commerce, which entitles you to a minimum gross salary under the Collective Bargaining Agreement of € 2,850. However, an all-in salary in the amount of € 4,810 has been agreed, with the basic salary for normal working hours pursuant to sec.2(2)(9) in conjunction with sec. 2g Employment Contract Law Adaptation Act (AVRAG) amounting to € 3,500. On the whole, the difference between the agreed all-in salary and the basic salary is compen-sation for any type of extra time and overtime on workdays (in the imputed maximum amount per cal-endar year), overtime on Sundays and public holidays and covers all supplements for work performed within the scope of the extended opening hours pursuant to chapter 2) F of the Collective Bargaining Agreement for which compensation is payable."

CBA salary 2,850.00

Overpayment (not earmarked) 650.00

Basic salary for normal working hours 3,500.00 Lump sum (extra hours & overtime, supplements for ex-tended opening hours) 1,310.00

Total pay 4,810.00

The coverage calculation:

Annual salary

CBA salary Overpayment

2,850.00 650.00

39,900.00 9,100.00

Basic salary 3,500.00 49,000.00

Lump sum 1,310.00 18,340.00

Total pay 4,810.00 67,340.00

Coverage calculation, including fictitious time lost pay:

Overtime: 240 hours of work were performed on workdays in a calendar year. 3,500 / 158 * 1.5 * 240 hrs = 7,974.68

Overtime: 15 hrs of work were performed on Sundays in a cal-endar year. 3,500 / 158 * 2 * 15 hrs = 664.56

1.5 employees per week over 30 weeks = 45 hrs p.a. 3,500 /38.5 / 4.33 * 45 hrs = 944.78

Supplements for extended opening hrs, evening 140 hrs p.a.

3,500 /38.5 / 4.33 * 0.7 * 140 hrs = 2,057.53

supplements for extended opening hrs, SAT, 2 SATs per month (10 months) 3,500 / 38.5 / 4.33 * 0.5 *100 hrs = 1,049.76

Overtime on Christmas Saturdays 3,500 / 158 * 2 * 40 hrs = 1,772.15

fictitious lost time pay (leave pay, sick pay, public holiday pay), assumption of CBA parties: 50 overtime = 1,661.39 3 x 1.5 hrs employees = 94.48 18 hrs supplements for extended opening hrs, evening = 264.54 2 x 5 hrs Saturday supplements for extended opening hrs= 104.98

7974.68

664.56

944.78

2057.53

1049.76

1772.15

2125.39

All-in pay Excess coverage

16,588.85 1,751.15

Lump sum 18,340.00

Example 2:

Sample all-in agreement in contract for services "Based on your function, you have been assigned to employment group D, grade 3, year 8 of the Collec-tive Bargaining Agreement for White-collar workers in Commerce, which entitles you to a minimum

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gross salary under the Collective Bargaining Agreement of € 1,950. However, an all-in salary in the amount of € 2,200 has been agreed, with the basic salary for normal working hours pursuant to sec.2(2)(9) in conjunction with sec. 2g Employment Contract Law Adaptation Act (AVRAG) amounting to € 1,950. On the whole, the difference between the agreed all-in salary and the basic salary is compen-sation for any type of extra time and overtime on workdays (in the imputed maximum amount per cal-endar year) for which compensation is payable."

CBA salary 1,950.00

Overpayment (not earmarked) ------------

Basic salary for normal working hours 1,950.00

Lump sum (extra hours & overtime) 250.00

Total pay 2,200.00

The coverage calculation:

Annual salary

CBA salary Overpayment

1,950.00 -----------

27,300.00 -----------

Basic salary 1,950.00 27,300.00

Lump sum 250.00 3,500.00

Total pay 2,200.00 30,800.00

Coverage calculation, including fictitious time lost pay:

Overtime: 200 hours of work were performed on workdays in a calendar year. 1,950 / 158 * 1.5 * 200 hrs = 3,702.53

1.5 employees per week over 30 weeks = 45 hrs p.a.

1,950 /38.5 / 4.33 * 45 hrs = 526.38

fictitious lost time pay (leave pay, sick pay, public holiday pay), assumption by CBA parties: 24 overtime = 444.30 3 x 1.5 hrs employees = 52.64

3,702.53

526.38

496.94

All-in pay Insufficient coverage (follow-up payment in the following month)

4,725.85

- 1,225.85

Lump sum 3,500.00

B. OLD SALARY SCHEME

1. General part

Employees shall be paid a monthly minimum salary in accordance with the differentiated rates distinguished in the salary schedules by employment groups, years of service and pay areas for the normal weekly working hours agreed in this Collective Bargaining Agreement.

To calculate a normal or extra working hour, the gross monthly salary shall be divided by the normal working hours established in this Collective Bargaining Agreement and by 4.33.

Framework and pay provisions for apprentices and mandatory interns for training and continuing education are contained in chapter 4 of this Collective Bargaining Agreement. Trainees are excluded from this, because they are not included in the scope of this part of the Collective Bargaining Agreement.

The gross monthly salaries and gross monthly apprentice compensations indicated in the salary schedules are minimum rates.

The location of their job is decisive for grading white-collar workers into pay areas.

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If part-time employment has been agreed in accordance with sections 1 (1) and 2 (1) White-Collar Workers Act (AngG) the aliquot share of the minimum salary rate established in the salary schedules of this Collective Bar-gaining Agreement shall be paid. The same applies for the calculation of leave allowance and the Christmas bonus. Such part-time employments shall be subject to the provisions of this Collective Bargaining Agreement.

The nature of a white-collar worker's occupation is the sole determining factor for classification into an employ-ment group in accordance with the employment group schedule established in 5. If a white-collar worker per-forms several occupations simultaneously that are indicated in different employment groups, she shall be clas-sified into the group corresponding to the predominant occupation.

Agreements for branch managers can be made between employers and the statutory works council with the participation of the Union of Salaried Private Sector Employees, Graphical Workers and Journalists, based on the individual regulation of salaries and working conditions for each company. In companies in which such special agreements are made, branch managers must reach at least the salary rates of employment group 3.

Provisions can be agreed in works agreements on the granting of travel cost and expense allowances as well as cash shortage allowances, provided there are no more favourable collective bargaining agreement provisions.

Temporary employment in a higher employment group or providing temporary cover for a white-collar worker belonging to a higher employment group for an uninterrupted period during one year of no more than five weeks in case of leave and 12 weeks in case of illness shall not serve as a basis for any claim to an increase in salary. However, if this period is exceeded, the pay of this group shall be due for the entire duration of employment in the higher employment group.

If a handover and takeover inventory are performed, substitutes for branch managers shall receive, starting from the first day of substitution, the lowest salary of the employment group to which the branch manager on holiday or sick leave belongs, for the entire duration of the substitution, at least, however, 5 percent more than her salesperson's salary.

With respect to payment of salary, the provisions of the White-Collar Workers Act (AngG) shall apply. Each employee shall be issued a salary slip in written or electronic form, indicating the gross salary and all supplements and deductions.

Salary grading for white-collar workers hired over holiday periods who are employed in the company for no longer than 3 months per calendar year, in the 1st, 2nd and 3rd year of white-collar service shall be eliminated.

2. Recognition rules for classification and advancement

For grading into the salary schedules, years of service shall be only the years of practical white-collar employ-ment and the years of activity as a self-employed businesswoman (= activity subject to trade license). This shall not include the apprenticeship period or the three years of white-collar service replacing such apprenticeship period under 5 II, j.

The periods of military and alternative civil service are only counted as years of service if an employment or apprenticeship contract existed at the time of conscription. For white-collar workers who did not have a contract of service before being drafted to military or alternative civil service, but who completed a secondary business school or a relevant secondary college for business administration, at least half of the period of military or alternative civil service shall be credited after one year of employment under a contract of service.

Parental leaves taken on the occasion of the birth of the first child shall be credited as years of service to the extent of no more than 10 months. This applies to parental leave beginning from 1 Jan. 2012 or thereafter. This maximum limit also applies for parental leaves following multiple births. If a contract for services exists alongside a parental leave, the option more favourable to the white-collar worker shall be applied for the recognition of years of service (pursuant to I. chapter 1) and salary scheme). The following examples show how the statutory and collective bargaining agreement provisions for salary calcu-lation are to be implemented in the case of parental leave under sec. 15 Maternity Protection Act (MSchG) and sec. 7c Father's Parental Leave Act (VKG). Example I birth of the first child:

1 Sep. 1997 Beginning of the apprenticeship

1 Sep. 2000 Beginning of white-collar employment

7 Sep. 2000 Final apprenticeship examination successfully completed

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Expected and actual date of birth of first child: 30 Sep. 2012

Beginning of absolute employment ban: 5 Aug. 2012

End of absolute employment ban: 21 Nov. 2012

Parental leave until the child's 2nd birthday: 30 Sept. 2014

Start of work after parental leave: 1 Oct. 2014

Based on the final apprenticeship examination and the 12 years of practical training as white-collar worker until 4 Aug. 2012, she shall be allocated to EG 2, 13th year of service.

The absolute employment ban must be taken into account for advancement (5 Aug. – 25 Nov. 2012). Ten months of parental leave for the first child (26 Nov. 2012 - 25 Sep. 2013) must also be taken into account for the recognition of years of service. In total, therefore, the period from 5 Aug. 2012 to 25 Sep. 2013 must be taken into account for years of service. The white-collar worker reaches the 15th year of service on 1 Sep. 2013. No salary is paid out, because she is on parental leave at this time.

When the white-collar worker resumes her occupation on 1 Oct. 2014 after the end of her parental leave, she shall be allocated to employment group 2, 15th year of service (14 years and 25 calendar days).

Salary increase:

EUR

1,628.00 1 Aug. 2012 salary prior to the beginning of the absolute employment ban under CBA (EG 2, 12th year of service)

1,677.00 1 Jan. 2013 salary increase in accordance with CBA during parental leave

1,800.00 1 Sep. 2013 advancement to the 15th year of service

1,846.00 1 Jan. 2014 salary increase in accordance with CBA during parental leave

1,846.00 1 Oct. 2014 salary for occupation after the end of parental leave

At birth of the second child, only the time period of the absolute employment ban must be taken into account for the years of service.

Example II birth of the first child:

Starting date: 1 June 2010

Previous employment periods: 6 years of service

In this company, calculation of the actual new salary due to a CBA increase is not carried out as provided by the Collective Bargaining Agreement. Instead, the actual salary of the white-collar worker is increased by the per-centage provided for the increase to CBA minimum salaries.

Expected date of birth: 27 Dec. 2011

Beginning of absolute employment ban: 1 Nov. 2011

Actual date of birth: 31 Dec. 2011

End of absolute employment ban: 25 Feb. 2012

Parental leave until 30 June 2013 (at this time, the child is 18 months old)

Beginning of work after parental leave: 1 July 2013

Prior to the beginning of the absolute employment ban, the white-collar worker is classified into employment group 3, 7th year of service. She earns EUR 1,661.00, this includes overpayment of EUR 200.00.

The absolute employment ban period from 1 Nov. 2011 to 25 Feb. 2012 must be taken into account for years of service. Ten months of parental leave for the first child (26 Feb. 2012 - 25 Dec. 2012) must also be taken into account for the recognition of years of service. Overall, therefore, the period from 1 Nov. 2011 to 25 Dec. 2012 must be taken into account for years of service. As a result, the white-collar worker reaches the 9th year of service on 1 June 2012. In this company, overpayment carries on in the event of advancement. No salary is paid out, because she is on parental leave at this time.

When the white-collar worker resumes her occupation on 1 July 2013 after the end of her parental leave, she shall be allocated to employment group 3, 9th year of service (8 years, 6 months and 25 calendar days).

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A CBA increase to minimum salaries of 3.5% was scheduled for 2013 and of 2.98% rounded to the next full euro for 2012.

Salary increase:

EUR

1,661.00 1 Oct. 2011, salary before the beginning of absolute employment ban

1,719.14 1 Jan. 2012, actual increase 3.5% during leave

1,834.14 1 June 2012, advancement into the 9th year of service (salary in accordance with CBA

EUR 1,626.00 + 208.14 overpayment);

1,889.00 1 Jan. 2013, actual increase 2.98% rounded to the next full

euro during parental leave

1,889.00 1 July 2013, salary for occupation after the end of parental leave

At birth of the second child, only the time period of the absolute employment ban must be taken into account for the years of service.

Further claims based on recognitions in accordance with the Maternity Protection Act (MSchG) and the Father's Parental Leave Act (VKG), as last amended, as well as this Collective Bargaining Agreement must be taken into account.

The passed final apprenticeship examination for the apprenticed trades of retail trader, wholesale trader, office assistant, druggist, photography merchant, book trader, art trader and music trader, weapons and ammunition trader, EDP equipment trader, garden centre clerk shall be recognised as one year of service.

If such a final apprenticeship examination is taken during the apprenticeship period for the relevant apprenticed trade, this year of service is recognised at the onset of the period of continued employment pursuant to chapter 4), no. 6. If such a final apprenticeship examination is taken during the period of continued employment pursuant to chapter 4), no. 6 or later, this year of service shall be recognised on the first of the month following the final apprenticeship examination.

Successful completion of secondary college for business administration and successful completion of the final examination for commercial assistants shall be recognised as two years of service each.

Previous employment periods completed abroad, provided they are recognised by the Collective Bargaining Agreement for Commercial Employees, must be taken into account for the calculation of years of service, pro-vided they are verified and validated.

The previous employment periods completed in public service are recognised as years of service, provided that the occupation in the commercial company is similar or equal in content to the occupation in public service and the skills acquired during public employment under a contract of service are put to use.

The salary increase takes effect by entry into a higher seniority bracket on the first day of the month in which the new year of service begins.

For fulfilment of the minimum rates newly established in this Collective Bargaining Agreement, only the gross monthly salary paid so far shall be used for comparison.

3. Christmas bonus

With the exception of white-collar workers paid by commission, all white-collar workers and apprentices shall receive a Christmas bonus by 1 December at the latest. Such remuneration amounts to 100 percent of the No-vember salary or of the apprentice compensation paid in November.

White-collar workers and apprentices who leave or join throughout the year are entitled to an aliquot share; for resigning white-collar workers and apprentices, it is calculated in accordance with the last monthly salary or the last monthly apprentice compensation respectively.

For white-collar workers who complete their apprenticeship during the year, the Christmas bonus is made up of the aliquot share of the last monthly apprentice compensation and the aliquot share of the white-collar worker's salary (the November salary, or if the apprenticeship is terminated at the end of November, the December salary).

For part-time white-collar workers with a variable extent of part-time employment, the Christmas bonus is cal-culated in accordance with the average of the past 13 weeks before the bonus is due.

Entitlement to Christmas bonus is not reduced through time periods in which there is no or reduced entitlement to pay in the event of illness or accident. This provision shall not apply if the inability to work is the consequence

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of a recreational accident. The employer can request a medical certificate specifying the cause of the inability to work before granting entitlement to such allowance.

In companies in which a higher Christmas bonus has hitherto been regularly paid, this provision shall continue to apply and may not be reduced by the entry into force of this Collective Bargaining Agreement.

4. Leave allowance

With the exception of white-collar workers paid by commission, all white-collar workers and apprentices shall receive leave allowance in the calendar year when taking their statutory leave, if it is granted in increments, when the longer leave, or if the partial leaves taken are the same length, when the first partial leave is taken, however at latest on 30 June. It shall amount to 100 percent of the gross monthly salary or monthly apprentice compensation entitled to at the time leave is taken or on 30 June. If termination of employment or apprentice-ship is already certain at the time leave is taken, the aliquot share of leave allowance shall be due.

White-collar workers or apprentices who join or leave a company throughout a calendar year shall be entitled to only the aliquot share of leave allowance due for such calendar year. If the company is joined after 30 June, such aliquot leave allowance shall be due on 31 December of the current calendar year, calculated in accordance with the amount of the December salary or the December apprentice compensation.

White-collar workers and apprentices who leave the company during the calendar year shall also be entitled to an aliquot share of leave allowance calculated on the basis of the last gross monthly salary or the last apprentice compensation.

For white-collar workers who completed their apprenticeship during the calendar year, leave allowance shall be made up of the aliquot part of the last monthly apprentice compensation and the aliquot share of the gross monthly salary.

If a white-collar worker or an apprentice terminates the contract of service of her own accord after receiving leave allowance due for the current calendar year, resigns from her contract of service prematurely without good reason or is discharged prematurely for good reason, she must accept setoff of the part of leave allowance received in excess against any claims under the contract of service (notably remaining salary and Christmas bonus). Such setoff shall apply in the first six months of the contract for services, regardless of the form of termination.

For part-time white-collar workers with a variable extent of part-time employment, leave allowance is calculated in accordance with the average of the past 13 weeks before such allowance is due.

Entitlement to leave allowance shall not be reduced by times where there is no or a reduced entitlement in the event of illness or accident. This provision shall not apply if the inability to work is the consequence of a recre-ational accident. The employer can request a medical certificate specifying the cause of the inability to work before granting entitlement to such allowance.

Any previously granted special allowances for leave or recreation shall be included in the leave allowance.

5. Employment group schedule

I. White-collar workers without completed apprenticeship in a commercial apprenticed trade shall be al-located to

Employment group 1

After three years of white-collar service in employment group 1, classification into the 1st year of service of the employment group corresponding to their occupation shall ensue (2-6).

II. White-collar workers with completed apprenticeship in a commercial apprenticed trade

shall be allocated to the employment group corresponding to their occupation (2-6).

The following shall apply for contracts for services established as of 1 Jan. 2006:

Moreover, the white-collar worker shall be assigned to the employment group corresponding to his occupation (2-6) if he has completed vocational training in the commercial/industrial area and actually performs skilled activities that correspond to his training in the commercial company.

The following shall be commercial apprenticed trades:

a) Prior to entry into effect of the Vocational Training Act Commercial Apprentice (merchant's assistant),

b) After entry into effect of the Vocational Training Act on 1 Jan. 1970

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retail trader / retail (with specialties)

wholesale trader

druggist

photography trader

book trader

music trader

art trader

book, art and music trader

weapons and ammunition trader

office assistant

industrial clerk

EDP equipment trader

garden centre clerk

c) Sports article fitter

d) Forwarding agent

A completed apprenticeship in one of the commercial apprenticed trades indicated can be substituted:

a) by the successful attendance of a secondary college for business administration pursuant to sec. 74 School Organisation Act (SCHOG) or a special form thereof pursuant to sec. 75 School Organisation Act (SCHOG);

b) by the successful attendance of a college for higher vocational education pursuant to sections 72 and 76 School Organisation Act (SCHOG) or a special form thereof pursuant to sections 73 and 77 School Organisation Act (SCHOG), provided the skills acquired are put to use during employment in the commercial company.

c) by the successful attendance of an academic secondary school pursuant to sec. 36 School Organisation Act (SCHOG) or a special form thereof pursuant to sec. 37 School Organisation Act (SCHOG);

d) by the successful attendance of a secondary school before the School Organisation Act (SCHOG) took effect;

e) by the successful attendance of a secondary business school pursuant to sec. 60 School Organisation Act (SCHOG) or a 3-year special form of same pursuant to sec. 61 School Organisation Act (SCHOG);

f) by the successful attendance of a two-year secondary business school before the School Organisation Act (SCHOG) took effect and one year of white-collar service;

g) by the successful attendance of a three-year school for intermediate vocational education pursuant to sections 58 and 59 School Organisation Act (SCHOG), provided the skills acquired are put to use during employ-ment in the commercial company.

h) by passing the final apprenticeship examination in one of the apprenticed trades listed, if admission to the apprenticeship examination was permitted by way of exception pursuant to sec. 23 (5) Vocational Training Act (BAG);

i) for shorthand typists by passing the examination of the Chamber of Commerce with a requirement of 150 syllables per minute

j) by a three-year period of practical white-collar employment.

The successful attendance of a school pursuant to letters a) to g) shall be attendance pursuant to sec. 2 of the Ordinance, Federal Law Gazette No. 214/89.

Employment group 2

White-collar workers who carry out simple tasks

e.g.

a) in purchasing and sales:

salespersons, unless to be allocated to a higher employment group

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white-collar workers with a simple scope of work in purchasing, unless to be allocated to a higher em-ployment group.

b) warehouse and logistics:

white-collar workers, unless to be allocated to a higher employment group.

c) in office and accounting:

white-collar workers with a simple scope of work in accounting

calculation

payroll accounting

cashiers, unless to be allocated to a higher employment group

invoicing

typists, unless to be allocated to a higher employment group

front desk, reception

d) in data processing:

data entry operator

assistant computer operator

unskilled workers in data processing

technical assistants

technicians in training

operating staff on auxiliary machines

e) in technical service:

telephone operators, unless to be allocated to a higher employment group

technicians in training

fleet managers

white-collar workers in decoration, unless to be allocated to a higher group

white-collar workers in technical customer or operational service, unless to be allocated to a higher group

Employment group 3

White-collar workers who carry out difficult tasks independently following instructions

e.g.

a) in purchasing and sales:

leading salespersons

salespersons with special skills, e.g.

a) salespersons who regularly conduct sales conversations in a foreign language, with the local languages not counting as foreign language in mixed-language areas

b) salespersons upon whose employment foreign language skills are required

c) delivery salespersons who, aside from the delivery activity, conduct sales conversations regularly and collect debts or carry out the relevant sales accounting instead of debt collection.

salespersons who usually operate alone in a shop (even if they are training an apprentice)

buying and selling clerks in wholesale trade with drugstore goods

EDP equipment salespersons

branch managers, unless to be allocated to a higher employment group

department managers, unless to be allocated to a higher employment group

37

salespersons who cover for the branch manager to a significant extent, in accordance with their function

cashiers with cash desk supervisory responsibility, unless to be allocated to a higher group

cashiers at general pay desks

field sales representatives in purchasing and sales, unless to be allocated to employment group 4

salespersons responsible for apprenticeship instruction in accordance with the apprenticeship contract and have taken the instructor exam

white-collar workers in purchasing who obtain and/or prepare quotes independently in accordance with general guidelines, order or call off previously scheduled goods, including the supervision of deadlines, dates and terms

b) warehouse and logistics

leading warehouse employee if several employees are employed at the warehouse

order picking agents

independent shipping clerks

white-collar workers with the corresponding responsibility in

logistics

c) in office and accounting:

white-collar workers in accounting entrusted with managing accounts

cost accountants

statisticians

white-collar workers who run a filing department or archive independently

administrators,

billing clerks

store cashiers in self-service stores

cashiers who also deal with accounting work

auditors

payroll accountants for wages and/or salaries

customs declarants / freight rate specialists

complaints processors

white-collar workers who carry out correspondence predominantly in accordance with general specifications

white-collar workers who carry out predominantly foreign-language correspondence based on templates

d) in data processing

data entry operators with administrator function

planning engineers

operators

application administrators (helpdesk/support)

computer engineers

assistants to professions of higher employment groups in data processing

programmers, unless to be allocated to a higher employment group

internet administrators (webmaster)

network administrators

e) in technical service:

telephone operators who regularly provide information in at least 1 foreign language

telephone operators in call centres who provide qualified information and advice

telephone operators who work in highly demanding conditions

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decorators

graphic designers

White-collar workers entrusted with the maintenance and repair of operational facilities (building service engi-neer).

technicians in customer service

White-collar workers who demonstrate machines and technical appliances and train customer attendance staff

Fleet managers responsible for operational safety and roadworthiness, operational readiness and availability

Employment group 4

White-collar workers who work independently

e.g.

a) in purchasing and sales:

leading salesperson with the authority to make independent purchasing decisions

purchaser

Leading retail book traders (leading salespersons) in the book trade employed or appointed as such or to whom more than 5 apprentice book traders regularly report

IT systems salespersons

Branch managers who make provisions regarding goods, warehousing and other operating resources inde-pendently, who perform product presentation and/or sales-promoting measures, are authorised to set prices autonomously or within the limits of general guidelines and ensure the accounting of sums received.

Managers of large or multiple branches, unless to be allocated to employment group 5

Managers of larger departments, unless to be allocated to a higher group

Field sales representatives in purchasing and sales, who provide complex product advice and are authorised to conclude contracts and to establish prices and terms.

b) in warehouse and logistics:

warehouse/Logistics managers responsible for incoming goods, warehousing and outgoing goods.

dispatch clerks in the music trade

c) in office and accounting:

self-employed accountants;

self-employed cost accountants;

self-employed statisticians

head cashiers

responsibility accounting manager

Cashiers who handle the settlement of foreign currencies, non-cash means of payment, credit card statements and business transactions with banks and financial institutions, alongside their responsibility for cash register operation;

export invoice clerks

foreign language correspondents

interpreters

HR administrators

Assistants to the proprietor or the white-collar worker responsible for running the company

customs declarants accountable to the authority

d) in data processing:

heads of operating units

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system consultants

IT organiser

data security specialist

database administrator/ developer

internet developers

network engineers

SAP consultants

independent programmers (software developers)

system administrator (system analyst, administrator, developer)

computer engineers who carry out tasks of greater complexity independently

IT trainers

web designers

IT project managers

technician instructors who are entrusted exclusively with training tasks

group managers in technical customer service to whom up to 20 customer service engineers report

e) in technical service

decorators who work according to their own designs

graphic designers who work according to their own designs

safety experts

White-collar workers in operational service or in customer service who carry out tasks of greater complexity related to technical inspection, repair and maintenance independently, by virtue of relevant training or multiple years of practical experience.

roast master in coffee roasteries

head of the auto service centre in automotive companies

manager of technical customer service

interior designers who, during sales consultations, independently plan and design the furnishings and facilities of rooms with furniture and interior decoration products, including technical and cost planning

proofreaders in publishing houses

producers in publishing houses

Employment group 5

White-collar workers entrusted with scheduling and/or directive tasks who perform difficult work independently and accountably or

white-collar workers who carry out tasks independently and accountably for which special knowledge and prac-tical experience are required

e.g.

a) in purchasing and sales

self-employed purchasers

Independent managers of branches listed in the commercial register in pharmaceutical wholesale trade

heads of sales departments in IT sales companies or in large companies

heads of multiple large branches

b) in warehouse and logistics

heads of warehouse and logistics areas with scheduling and managerial responsibility for at least 20 employees.

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heads of logistics departments in large companies

heads of dispatch in pharmaceutical wholesale entrusted with scheduling activities

c) in office and accounting:

financial accountant

accounting manager

head cashiers in large companies

head of cash management

operations manager in large companies

head of human resources

head of marketing.

White-collar workers who carry out an assistance function involving scheduling and/or directive respon-sibilities independently and accountably

d) in data processing:

head of system consultation / support

head of programming teams

head of IT department

head of IT technical customer service to whom more than 20 customer service engineers report

e) in technical service

head of decoration

head of large-scale auto service centre in automotive company

head of an organisationally autonomous technical customer service

heads of an organisationally autonomous vehicle fleet responsible for operation, maintenance and servicing of the motor vehicles used and for all technical and legally mandatory traffic checks

heads of scientific departments

editors in book, art or music publishing

first manufacturers in book, art or music publishing

Employment group 6

White-collar workers with comprehensive skills and multiple years of practical experience who occupy a leading position, decisively influencing the company in their respective area of activity

e.g.

white-collar workers registered in the commercial register with respective areas of responsibility (e.g. signing officers)

independent heads of IT departments responsible for problem analysis, programming, data entry and data pro-cessing

sales directors with power of attorney in IT sales companies

heads of technical customer service with power of attorney and more than 20 subordinate customer service engineers in IT sales companies

head editors in book, art or music publishing

6. Pay areas and salary schedules

6.1. Pay areas

6.1.1. Pay area A

All areas of the federal provinces of Burgenland, Carinthia, Lower Austria, Upper Austria, Styria, Tyrol, and Vienna.

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6.1.2. Pay area B

All areas of the federal province of Salzburg and the federal province of Vorarlberg.

6.2. Overview salary schedules

6.2.1. General wholesale and retail trade (A)

6.2.2. Photo trade (B)

6.2.3. Drug distribution (C)

a) Drug wholesale trade,

b) Drug retail trade.

6.2.4. Trade with books, art prints, music supplies, newspapers and magazines; book, art or music publishing (D)

6.2.5. Wholesale with iron and ironware, metals and metalware, pipes, fittings and plumbing supplies pursuant to company list (E)

6.2.6. Department stores (F)

6.2.7. Wholesale coal trade Vienna, paper wholesale trade Vienna pursuant to company list, textile, clothing and shoe trade Vienna (G)

6.2.8. Tobacconists (H)

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6.3. Salary schedules

Salary schedule A General wholesale and retail trade

Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg,

pay area B shall apply to Salzburg and Vorarlberg.

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter

Area A Area B

1 a) employees hired over holiday periods, i.e. employees en-

gaged in the company for no more than three months per calen-dar year, in the 1st, 2nd, 3rd year of white-collar service 1,339.00 1,372.00 1 b) Other white-collar workers in the 1st, 2nd, 3rd year of

white-collar service 1,500.00 1,500.00 Employment group 2 1st year of service (= yos) 1,586.00 1,586.00 3rd year of service 1,586.00 1,586.00 5th year of service 1,586.00 1,608.00 7th year of service 1,586.00 1,629.00 9th year of service 1,675.00 1,727.00 10th year of service 1,762.00 1,819.00 12th year of service 1,851.00 1,910.00 15th year of service 1,985.00 2,047.00 18th year of service 2,016.00 2,079.00 Employment group 3 1st year of service 1,586.00 1,586.00 3rd year of service 1,586.00 1,595.00 5th year of service 1,637.00 1,687.00 7th year of service 1,718.00 1,773.00 9th year of service 1,849.00 1,907.00 10th year of service 2,027.00 2,090.00 12th year of service 2,131.00 2,200.00 15th year of service 2,274.00 2,346.00 18th year of service 2,312.00 2,387.00 Employment group 4 1st year of service 1,640.00 1,690.00 3rd year of service 1,712.00 1,768.00 5th year of service 1,787.00 1,847.00 7th year of service 1,985.00 2,045.00 9th year of service 2,224.00 2,296.00 10th year of service 2,449.00 2,528.00 12th year of service 2,592.00 2,677.00 15th year of service 2,790.00 2,881.00 18th year of service 2,845.00 2,937.00 Employment group 5 5th year of service 2,459.00 2,540.00 7th year of service 2,662.00 2,750.00 9th year of service 2,879.00 2,974.00 10th year of service 3,054.00 3,153.00 12th year of service 3,201.00 3,304.00 15th year of service 3,423.00 3,534.00 18th year of service 3,491.00 3,607.00 Employment group 6 5th year of service 2,765.00 2,855.00 10th year of service 3,257.00 3,363.00 15th year of service 3,753.00 3,876.00 18th year of service 3,824.00 3,948.00 Apprentice compensations 1st year of apprenticeship 590.00 590.00 2nd year of apprenticeship 745.00 745.00 3rd year of apprenticeship 1,055.00 1,055.00 4th year of apprenticeship 1,110.00 1,110.00

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Work clothes Iron and ironmongery trade Warehouse white-collar workers and salespersons shall receive one work coat every year which shall remain the property of the company. Cleaning and repair shall be the employee's responsibility.

Salary schedule B

Photo trade

The minimum salary rates below shall apply to white-collar workers who a) have successfully passed the final apprentice examination for photography merchants, b) who have successfully passed a commercial final apprentice examination or the merchant’s assistant ex-amination and have successfully completed the "photography - film - AV" training course. The minimum salary rates of salary schedule A shall apply to all other white-collar workers.

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter Area A* Area B*

1a) employees hired over holiday periods, i.e. white-collar

workers engaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-collar service 1,339.00 1,372.00 1 b) Other white-collar workers in the 1st, 2nd, 3rd year of

white-collar service 1,500.00 1,500.00 Employment group 2 1st year of service (= yos) 1,586.00 1,611.00 3rd year of service 1,586.00 1,626.00 5th year of service 1,603.00 1,652.00 7th year of service 1,627.00 1,676.00 9th year of service 1,724.00 1,781.00 10th year of service 1,817.00 1,877.00 12th year of service 1,908.00 1,970.00 15th year of service 2,045.00 2,111.00 18th year of service 2,077.00 2,144.00 Employment group 3 1st year of service 1,586.00 1,615.00 3rd year of service 1,592.00 1,640.00 5th year of service 1,685.00 1,737.00 7th year of service 1,771.00 1,828.00 9th year of service 1,903.00 1,965.00 10th year of service 2,088.00 2,156.00 12th year of service 2,197.00 2,270.00 15th year of service 2,343.00 2,420.00 18th year of service 2,383.00 2,463.00 Employment group 4 1st year of service 1,687.00 1,740.00 3rd year of service 1,765.00 1,821.00 5th year of service 1,844.00 1,904.00 7th year of service 2,044.00 2,110.00 9th year of service 2,293.00 2,370.00 10th year of service 2,524.00 2,607.00 12th year of service 2,673.00 2,761.00 15th year of service 2,876.00 2,973.00 18th year of service 2,933.00 3,030.00 Employment group 5 5th year of service 2,537.00 2,620.00 7th year of service 2,746.00 2,838.00 9th year of service 2,968.00 3,067.00 10th year of service 3,150.00 3,252.00 12th year of service 3,302.00 3,410.00 15th year of service 3,529.00 3,646.00 18th year of service 3,600.00 3,720.00 Employment group 6 5th year of service 2,851.00 2,945.00 10th year of service 3,358.00 3,471.00 15th year of service 3,871.00 3,998.00 18th year of service 3,944.00 4,075.00 Apprentice compensation

44

1st year of apprenticeship 590.00 590.00 2nd year of apprenticeship 745.00 745.00 3rd year of apprenticeship 1,055.00 1,055.00 4th year of apprenticeship 1,110.00 1,110.00 * Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg, pay area B shall apply to Salzburg and Vorarlberg.

Salary schedule C 1

Drug wholesale trade; druggists

The term druggist shall apply only to white-collar workers who have passed the druggist examination. Occupations requiring druggist knowledge may only be carried out by apprenticed druggists

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter Area A* Area B*

1a) employees hired over holiday periods, i.e. white-collar

workers engaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-col-lar service

1,339.00 1,372.00

1 b) Other white-collar workers in the 1st, 2nd, 3rd year of

white-collar service

1,500.00 1,500.00

Employment group 2 - a) druggists

1st year of service (= yos) 1,608.00 1,656.00

3rd year of service 1,623.00 1,673.00

5th year of service 1,647.00 1,699.00

7th year of service 1,673.00 1,724.00

9th year of service 1,775.00 1,834.00

10th year of service 1,871.00 1,933.00

12th year of service 1,964.00 2,028.00

15th year of service 2,107.00 2,174.00

18th year of service 2,139.00 2,209.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and retail trade shall ap-ply.

Employment group 3 - a) druggists

1st year of service 1,611.00 1,660.00

3rd year of service 1,636.00 1,685.00

5th year of service 1,733.00 1,793.00

7th year of service 1,791.00 1,850.00

9th year of service 1,927.00 1,988.00

10th year of service 2,114.00 2,183.00

12th year of service 2,224.00 2,296.00

15th year of service 2,371.00 2,449.00

18th year of service 2,414.00 2,493.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and retail trade shall ap-ply.

Employment group 4 - a) druggists

1st year of service 1,734.00 1,795.00

3rd year of service 1,808.00 1,868.00

5th year of service 1,881.00 1,944.00

7th year of service 2,070.00 2,136.00

9th year of service 2,315.00 2,391.00

10th year of service 2,541.00 2,625.00

12th year of service 2,688.00 2,778.00

15th year of service 2,911.00 3,008.00

18th year of service 2,967.00 3,067.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and retail trade shall ap-ply.

Employment group 5

5th year of service 2,483.00 2,564.00

7th year of service 2,688.00 2,777.00

9th year of service 2,906.00 3,002.00

10th year of service 3,102.00 3,203.00

12th year of service 3,252.00 3,356.00

15th year of service 3,476.00 3,591.00

45

18th year of service 3,546.00 3,662.00

Employment group 6

5th year of service 2,780.00 2,871.00

10th year of service 3,303.00 3,413.00

15th year of service 3,820.00 3,944.00

18th year of service 3,889.00 4,018.00

Apprentice compensation

1st year of apprenticeship 590.00 590.00

2nd year of apprenticeship 745.00 745.00

3rd year of apprenticeship 1,055.00 1,055.00

4th year of apprenticeship 1,110.00 1,070.00 Work clothes White-collar warehouse workers shall receive one work coat every year which shall remain the property of the company. Cleaning and repair shall be the employee's responsibility.

* Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg, pay area B shall apply to Salzburg and Vorarlberg.

Salary schedule C2 Drug retail trade; druggists

The term druggist shall apply only to white-collar workers who have passed the druggist examination. Occupations requiring druggist knowledge may only be carried out by apprenticed druggists. In retail trade, e.g., non-druggist sales staff may be employed for products that are not subject to the druggist licence (such as cosmetics and the like).

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter

Area A* Area B*

1a) employees hired over holiday periods, i.e.

white-collar workers engaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-collar service

1,339.00 1,372.00

1 b) Other white-collar workers in the 1st, 2nd, 3rd

year of white-collar service

1,500.00 1,500.00

Employment group 2 - a) druggists

1st year of service (= yos) 1,608.00 1,656.00

3rd year of service 1,623.00 1,673.00

5th year of service 1,647.00 1,699.00

7th year of service 1,663.00 1,715.00

9th year of service 1,765.00 1,822.00

10th year of service 1,861.00 1,922.00

12th year of service 1,941.00 2,005.00

15th year of service 2,082.00 2,150.00

18th year of service 2,115.00 2,184.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and re-tail trade shall apply.

Employment group 3 - a) druggists

1st year of service 1,611.00 1,660.00

1,339.00 1,636.00 1,685.00

5th year of service 1,715.00 1,771.00

7th year of service 1,803.00 1,861.00

9th year of service 1,937.00 2,000.00

10th year of service 2,102.00 2,170.00

12th year of service 2,210.00 2,283.00

15th year of service 2,356.00 2,434.00

18th year of service 2,399.00 2,477.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and re-tail trade shall apply.

Employment group 4 - a) druggists

1st year of service 1,716.00 1,772.00

3rd year of service 1,796.00 1,857.00

5th year of service 1,875.00 1,937.00

7th year of service 2,082.00 2,149.00

9th year of service 2,335.00 2,413.00

46

10th year of service 2,540.00 2,625.00

12th year of service 2,688.00 2,778.00

15th year of service 2,894.00 2,990.00

18th year of service 2,950.00 3,048.00

b) For non-druggists, the minimum salary rate of salary schedule a) general wholesale and re-tail trade shall apply.

Employment group 5

5th year of service 2,459.00 2,540.00

7th year of service 2,662.00 2,750.00

9th year of service 2,879.00 2,974.00

10th year of service 3,054.00 3,153.00

12th year of service 3,201.00 3,304.00

15th year of service 3,423.00 3,534.00

18th year of service 3,491.00 3,607.00

Employment group 6

5th year of service 2,765.00 2,855.00

10th year of service 3,257.00 3,363.00

15th year of service 3,753.00 3,876.00

18th year of service 3,824.00 3,948.00

Apprentice compensation

1st year of apprenticeship 590.00 590.00

2nd year of apprenticeship 745.00 745.00

3rd year of apprenticeship 1,055.00 1,055.00

4th year of apprenticeship 1,110.00 1,110.00

* Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg, pay area B shall apply to Salzburg and Vorarlberg.

Salary schedule D

Trade with books, art prints, music supplies, newspapers and magazines;

book, art or music publishing (D)

This salary schedule applies to what is known as mixed operations only under the condition that their revenue from book, art and music trade sales and newspaper and magazine distribution exceeds 51%. White-collar workers who have successfully passed the final apprentice examination for book traders, music traders, art traders or book, art and music traders shall be recognised as book traders pursuant to this salary scheme. In addition, white-collar workers who have been engaged in commercial product range or distribution activities related to books, art or music for at least 5 years shall also be recognised as book traders. Such employees shall be allocated to employment group 3, unless they perform an occu-pation pursuant to employment groups 4, 5 or 6. In book, art or music publishing, the minimum book trader rates shall apply to white-collar workers who have been occupied as editors, producers (also in advertising departments), first producers (also in ad-vertising departments), editors and chief editors for at least 3 years. For white-collar workers in the newspaper and magazine wholesale business, works agreements on al-lowances for night shifts can be concluded for normal working hours between 10:00 pm and 6:00 am.

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter

Area A* Area B*

1a) employees hired over holi-

day periods, i.e. white-collar workers engaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-collar service

1,381.00 1,423.00

1 b) Other white-collar workers

in the 1st, 2nd, 3rd year of white-collar service

1,548.00 1,558.00

Employment group 2 1st year of service (= yos) 1,586.00 1,600.00

3rd year of service 1,586.00 1,616.00

5th year of service 1,594.00 1,643.00

7th year of service 1,615.00 1,664.00

47

9th year of service 1,711.00 1,768.00

10th year of service 1,805.00 1,862.00

12th year of service 1,892.00 1,954.00

15th year of service 2,031.00 2,095.00

18th year of service 2,061.00 2,128.00

Employment group 3

Book traders

Other white-collar

workers Book

traders

Other white-col-lar work-

ers

1st year of service 1,619.00 1,586.00 1,669.00 1,603.00

3rd year of service 1,644.00 1,586.00 1,694.00 1,627.00

5th year of service 1,741.00 1,673.00 1,801.00 1,724.00

7th year of service 1,833.00 1,755.00 1,893.00 1,813.00

9th year of service 1,970.00 1,888.00 2,033.00 1,949.00

10th year of service 2,163.00 2,072.00 2,234.00 2,139.00

12th year of service 2,275.00 2,180.00 2,352.00 2,250.00

15th year of service 2,426.00 2,325.00 2,506.00 2,401.00

18th year of service 2,469.00 2,367.00 2,552.00 2,443.00 Employees paid by commission see D. in this chapter

Employment group 4

Book traders

Other white-collar

workers Book

traders

Other white-col-lar work-

ers

1st year of service 1,743.00 1,675.00 1,803.00 1,726.00

3rd year of service 1,825.00 1,748.00 1,888.00 1,808.00

5th year of service 1,907.00 1,829.00 1,971.00 1,888.00

7th year of service 2,117.00 2,031.00 2,187.00 2,094.00

9th year of service 2,375.00 2,276.00 2,455.00 2,349.00

10th year of service 2,615.00 2,505.00 2,702.00 2,587.00

12th year of service 2,767.00 2,651.00 2,860.00 2,739.00

15th year of service 2,980.00 2,854.00 3,080.00 2,949.00

18th year of service 3,037.00 2,909.00 3,139.00 3,005.00 Employees paid by commission see D. in this chapter

Employment group 5

Book traders

Other white-collar workers

Book traders

Other white-col-lar work-ers

5th year of service 2,627.00 2,517.00 2,715.00 2,599.00

7th year of service 2,844.00 2,725.00 2,939.00 2,814.00

9th year of service 3,074.00 2,946.00 3,177.00 3,043.00

10th year of service 3,262.00 3,124.00 3,370.00 3,225.00

12th year of service 3,419.00 3,275.00 3,533.00 3,382.00

15th year of service 3,656.00 3,503.00 3,779.00 3,618.00

18th year of service 3,730.00 3,572.00 3,856.00 3,690.00

Employment group 6 Book traders

Other white-collar workers

Book traders

Other white-col-lar work-ers

5th year of service 2,952.00 2,828.00 3,054.00 2,921.00

10th year of service 3,479.00 3,333.00 3,598.00 3,442.00

15th year of service 4,009.00 3,841.00 4,143.00 3,967.00

18th year of service 4,084.00 3,911.00 4,222.00 4,041.00

Apprentice compensation

1st year of apprenticeship 590.00 590.00 590.00 590.00

2nd year of apprenticeship 745.00 745.00 745.00 745.00

3rd year of apprenticeship 1,055.00 1,055.00 1,055.00 1,055.00

4th year of apprenticeship 1,110.00 1,110.00 1,110.00 1,110.00

* Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg, pay area B shall apply to Salzburg and Vorarlberg.

48

Salary schedule E Wholesale with iron and ironware, metals and metalware,

pipes, fittings and plumbing supplies pursuant to company list

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter Area A* Area B*

1a) employees hired over holiday periods, i.e.

white-collar workers engaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-collar service

1,339.00 1,372.00

1 b) Other white-collar workers in the 1st, 2nd, 3rd

year of white-collar service

1,500.00 1,500.00

Employment group 2

1st year of service (= yos) 1,608.00 1,656.00

3rd year of service 1,623.00 1,673.00

5th year of service 1,647.00 1,699.00

7th year of service 1,673.00 1,724.00

9th year of service 1,775.00 1,834.00

10th year of service 1,871.00 1,933.00

12th year of service 1,964.00 2,028.00

15th year of service 2,107.00 2,174.00

18th year of service 2,139.00 2,209.00

Employment group 3

1st year of service 1,611.00 1,660.00

3rd year of service 1,636.00 1,685.00

5th year of service 1,733.00 1,793.00

7th year of service 1,822.00 1,882.00

9th year of service 1,960.00 2,025.00

10th year of service 2,151.00 2,223.00

12th year of service 2,264.00 2,337.00

15th year of service 2,414.00 2,494.00

18th year of service 2,456.00 2,538.00

Employees paid by commission see D. in this chapter

Employment group 4

1st year of service 1,734.00 1,795.00

3rd year of service 1,816.00 1,876.00

5th year of service 1,898.00 1,960.00

7th year of service 2,106.00 2,174.00

9th year of service 2,363.00 2,441.00

10th year of service 2,601.00 2,688.00

12th year of service 2,753.00 2,845.00

15th year of service 2.964-00 3.064-00

18th year of service 3.020-00 3.122.00

Employees paid by commission see D. in this chapter

Employment group 5

5th year of service 2,612.00 2,700.00

7th year of service 2,829.00 2,925.00

9th year of service 3,059.00 3,161.00

10th year of service 3,245.00 3,353.00

12th year of service 3,401.00 3,514.00

15th year of service 3,637.00 3,761.00

18th year of service 3,709.00 3,834.00

Employment group 6

5th year of service 2,937.00 3,036.00

10th year of service 3,461.00 3,577.00

15th year of service 3,988.00 4,122.00

18th year of service 4,064.00 4,200.00

Apprentice compensation

1st year of apprenticeship 590.00 590.00

2nd year of apprenticeship 745.00 745.00

3rd year of apprenticeship 1,055.00 1,055.00

4th year of apprenticeship 1,110.00 1,110.00 Work clothes White-collar warehouse workers and salespersons shall receive one work coat every year which shall remain the property of the company. Cleaning and repair shall be the employee's responsibility.

49

* Pay area A shall apply to companies in all federal provinces, with the exception of Salzburg and Vorarlberg, pay area B shall apply to Salzburg and Vorarlberg.

Additional Protocol I to the Collective Bargaining Agreement for Commercial Employees. Last updated 1 January 1988.

According to a special list, this salary schedule e) shall apply to companies that generate at least 50% of their turnover in the wholesale of iron, metals, iron and metal goods, tools, arms, household and kitchen appliances, glass, china and ceramic goods. Wholesale is understood to mean deliveries to downstream trade. Mixed opera-tions (companies engaged in wholesale and retail trade), also with branches, are considered wholesale provided the conditions above are met.

Carinthia:

Filli & Co, Klagenfurt, Bahnhofstraße 6

Mannesmann Handels Ges.m.b.H., Villach, Reitschulgasse 2

Lower Austria:

ALLCLICK Austria GmbH, Pfaffstätten, Wiener Straße 100

Groh & Sohn, Stockerau, Sparkassenplatz 8

VS Sanitär HANDELS AG.VS Sanitär HANDELS AG. Perchtoldsdorf, Brunnerfeldstraße 53

Wallner & Neubert Gesellschaft m.b.H., Mödling, Im Felberbrunn 2

Upper Austria:

Kontinentale Eisenhandelsgesellschaft, Linz

Mannesmann Handels Ges.m.b.H., Linz/Wels

August Weyland, Schärding

Alfred Wagner, Ried im Innkreis

Tobias Altzinger, Perg

Fritz Holter KG, Wels

Gottfried Pengg & Co KG, Linz

Montanhandel, Eisen-, Stahl- und Metallhandelsges. m.b.H., Linz, proprietor Karl Rosenauer

Österr. Armaturen AG, Wels

Schachermayer Großhandelsges.m.b.H., Linz

Ing. Robert Ruttner, Steyr, Bahnhofstraße 14

Ferromontan GmbH, Linz, Hölzmüllerstraße 2

Eisenhof Attnang, Egon Rucker, Attnang-Puchheim, Bahnhofstraße 17

Höller-Eisen, proprietor Max Löberbauer, Gmunden, Kammerhofgasse 6

Karl R. Willinger, Wels

Salzburg:

Stinnes Ges.m.b.H., Salzburg, Rainerstraße 17

Carl Steiner & Co, Salzburg, Judengasse 5–7

Höller-Eisen, proprietor Max Löberbauer, Salzburg, Kaiserschützenstr. 6

Styria:

Christof Odörger, Graz, Griesgasse 14

Franz Grosschädl, Graz, Südbahnstraße 11

50

Rudolf Ferch, Graz, Schmiedgasse 2

Zultner & Co, Graz, Kastellfeldgasse 39

Mannesmann Handels Ges.m.b.H., Graz, Elisabethinergasse 22

Schweißtechnik, Handelsges.m.b.H., Gesellschafter Jos. Nussmüller, Graz, Stockergasse 8

Kontinentale Eisenhandelsgesellschaft, Kern & Co, Graz, Rösselmühlgasse 7

Franz Eberhardt, Graz, Waagner-Biro-Straße 45 "Stahlhütte", proprietor Herbert Zirl, Graz, Alte Post-straße 391

Karl Waltner & Co, Graz, Finkengasse 4–10

Tyrol:

Ernst Kieslinger OHG, Absam/Solbad Hall

Neckam & Co OHG, St. Johann, Fieberbrunner Straße 20

Vorarlberg:

Josef Pircher, Bregenz, Rathausstraße 2

Gebrüder Ulmer, Dornbirn, Dr.-Waibel-Straße 7

Paul v. Furtenbach, Feldkirch, Marktplatz 9–11

Jos. Schmidts Erben, Bludenz, Werdenbergerstraße 13

Herwig Rhomberg, Götzis, Hauptstraße 33

Eisenhandelsgesellschaft Paul v. Furtenbach, Josef Pircher, Josef Schmidts Erben, Gebrüder Ulmer, Dorn-

birn, Wallenmahd 54

Vienna:

Franz Bachl, 3, Apostelgasse 37

Karl Bakalla, 3, Löwengasse 39

Anton Berghofer AG, 15, Sechshauserstraße 31

H. Bergmann KG, 4, Wiedner Hauptstraße 46

Ferd. Eug. Biba, 14, Hägelingasse 14

Fritz Bogner & Co KG, 10, Hardtmuthgasse 131–135

Gebrüder Boschan KG, 23, Seybelgasse 26

"OKA" Großhandel für Bau- und Industriebedarf Karl Breyer & Söhne, 7, Kirchengasse 41

Commestero Außenhandelsges.m.b.H., 1, Kohlmarkt 16

Bruno Czermak, 1, Hohenstaufengasse 7/1/6

Czernosik & Co KG, 4, Wiedner Hauptstraße 45

Danubia Industrie-Ausrüstung-Handelsges.m.b.H., 2, Rueppgasse 11

Dietzel GmbH, 5, Bräuhausgasse 63

Franz Distals Söhne, 3, Landstraßer Hauptstraße 100

Draht- und Drahtwarenhandels GmbH, 9, Berggasse 21

C. Duisberg KG, 6, Capistrangasse 10

Hans Eberhard, 2, Große Sperlgasse 31

Ernst Eckschmidt, 13, Hummelgasse 20

"Elwas" Adolf Schätzschock Technische Produkte GmbH, 10, Rotenhofgasse 59

Karl Eschlböck, 3, Hansalgasse 4/4

Eurotrade-Langfelder u. Putzker GesmbH, 18, Schumanngasse 48

51

Hans Faulhaber, Eisen- und Eisenwarengroßhandel, 7, Hermanngasse 22

Josef Feda, 1, Schubertring 9–11

Karl Feistritzer, 17, Ottakringer Straße 59

Ferromontan Export- u. Beteiligungen GmbH, 3, Jacquingasse 29

Ferrum Eisengroßhandelsges.m.b.H., 1, Bartensteingasse 14

OHG Theodor Fink, 1, Johannesgasse 18

Fleischmann GesmbH, 20, Klosterneuburger Straße 70

Anton Friedrichkeit, 20, Hellwagstraße 10

Gustav Genschow & Co GmbH, 3, Neulinggasse 14

Alfred Götz, 9, Berggasse 22

A. Grohmann, proprietor Alfred Grohmann, 5, Franzensgasse 23/1

Ferdinand Gruber, 14, Windschutzstraße 1

Carl Gstettner, sole proprietor Manfred Slama, 8, Laudongasse 34

F. Hartmann & Co KG, 13, Lainzer Straße 26

"Hasegg" Handelsgesellschaft Hasenauer & Co KG, 1, Wipplingerstraße 3

VS Sanitär Handels-AG, Filiale 7, Neubaugasse 25–27

Oskar Hausenbichl & Co, 2, Dammstraße 37

August Herz, 1, Opernringhof

"Holzgebinde-Zentrale" Wien Wirtschaftsgenossenschaft des Fassbinder- und Weinküferhandwerks Öster-reichs reg.Gen.m.b.H., 15, Storchengasse 21

Fritz Homola & Co, 15, Fröbelgasse 49

Rhon Eduard "Titan" Handel mit Industriebedarf, 9, Währinger Straße 9

Huber & Drott OHG, 1, Johannesgasse 18

Hütte Krems GmbH, 1, Rathausplatz 4

"Intropa" Industrie- u. Handelsaktienges.m.b.H., 13, Mantlergasse 30

Franz Kacena, 16, Deinhartsteingasse 30/32

Jos. H. Kaindl, 7, Kaiserstraße 113–115

A. Kaja Handelsgesellschaft m.b.H., 7, Stiftgasse 29

J. Kammler & Co, 9, Stadtbahnviadukt 79–80

Kellner & Kunz AG, Gumpendorfer Straße 118

Thyssen – Kontinentale Eisenhandels-GesmbH, 1, Neutorgasse 17

Karl Kochard, 6, Stumpergasse 60

Kohlberger & Prager GmbH, 4, Schikanedergasse 1

A. Th. Komoly, 14, Poschgasse 3

Johann Koppensteiner GmbH, 2, Bahnhof Wien-Nord, Hof 6

Krasa & Co, 7, Mariahilfer Straße 8

Josef Kucharik, 7, Kaiserstraße 14

Dr. Alfred Lang GmbH, 3, Ditscheinergasse 4

Brüder Lanik KG, 4, Graf-Starhemberg-Gasse 32

Latzel & Kutscha, 18, Gentzgasse 166

Josef Laurer, 5, Schönbrunner Straße 116

52

Johann Mandl, 10, Rotenhofgasse 80-84/1/3/11

Mannesmann Handels Ges.m.b.H., 3, Schwarzenbergplatz 7

Franz Marxt, 18, Währinger Gürtel 15–17

Ing. H. Mayer Ges.m.b.H., 19, Döblinger Hauptstraße 56

KR Dr. Egon Mehser, 17, Lacknergasse 15

Metall- und Erz AG, 1, Hegelgasse 19

Metall & Farben Ges.m.b.H., 1, Kärntner Straße 7

Metall- u. Gußwaren Handelsges.m.b.H., 7, Döblergasse 2

Montana AG für Bergbau, Industrie und Handel, 1, Schwarzenbergplatz 16/3

Alexander Moser KG, 3, Obere Viaduktgasse 2

Rosa Moser, 12, Edelsinnstraße 5a

Simon Moskowicz, Großhandel mit Waren aller Art, 1, Singerstraße 2/2/6

Alexander Müller, proprietor Kurt Ehrenberger, 10, Davidgasse 21

Schraubenmüller, Alexander Müller, 9, Hörlgasse 4

"Neptun" Eisenhandelsges.m.b.H., 11, Zinnergasse 6

"Oepros" Produktiv- u. Rohstoffgen. der Spenglermeister Österreichs reg.Gen.m.b.H., 5, Grüngasse 27

Friedrich Omasta und Sohn, 8, Blindengasse 37–39

O. u. K. Orenstein & Koppel GmbH, 23, Grawatschgasse 7–9

Ing. Osers Nachf. Ing. Messinger, Zacher & Vlcek KG, 1, Hegelgasse 6

Österr. Armaturen Ges.m.b.H., 11, Schemmerlstraße 66–68

Österr. Bleiwaren Verkaufsges.m.b.H., 5, Rechte Wienzeile 77

Österr. Sprengmittelvertriebsges.m.b.H., 1, Tuchlauben 7a

Louis Patz & Co KG, 14, Breitenseer Straße 80

Friedrich Perzt, 2, Wolfgang-Schmälzl-Gasse 26

Gustav Petri & Co, 1, Tuchlauben 21

J. G. Petzolt & Sohn, 7, Burggasse 52–54

Miroslav Podhorny, 1, Rotenturmstraße 24/3/28

J. Posamentir OHG, 16, Koppstraße 7

Josef Putze, 6, Königseggasse 11

Franz Rafetseder, 7, Neustiftgasse 89–91

Reiberger & Co Ges.m.b.H., 7, Kandlgasse 37

Capri Brausekabinen Heinz Riesenhuber OHG, 1, Friedrich-Schmidt-Platz 4

Max Rode, 18, Jörgerstraße 4

Viktor Ronca KG, 3, Kegelgasse 6

Ignaz Röslers Nachf., 23, Triester Straße 223

Josef Rötzer, 2, Novaragasse 26

Russ & Conditt, 1, Himmelpfortgasse 26

Franz Sarnitz GmbH, 19, Osterleitengasse 10

Seibt & Weiss KG, proprietor Franz Klemens Weiss, 4, Belvederegasse 10

Buntmetallgroßhandlung Slama & Sohn KG, 14, Dehnegasse 13

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Stahlrohrbau GmbH, 1, Naglergasse 2

Metallwaren-Handelsges. Brüder Stein KG, 3, Untere Viaduktgasse 55

Dipl.-Ing. Karl Stohl, 1, Walfischgasse 6

Brüder Szalay KG, 4, Karolinengasse 5

Metall-Handelsges. E. Schicht & Co, 9, Rooseveltplatz 6

Schiekmetall, Paul Schiek & Co KG, 14, Goldschlagstraße 178–184

Alfred Schimel, 19, Gustav-Tschermak-Gasse 30

Rudolf Schmidt Armaturen und Gusswerk OHG, 2, Hammer-Purgstall-Gasse 8

Schmidtstahlwerke AG, 10, Favoritenstraße 213

Armaturen- und Röhrenhandelsges. Schmitz & Co Ges.m.b.H., 1, Walfischgasse 12–14

Johanna Schödelbauer, 20, Jägerstraße 73–77

Karl Schönbauer, 14, Goldschlagstraße 127

Ing. Carl Turnwald KG, 6, Theobaldgasse 15

"Vedra" Verkauf von Draht und Drahtstiften GmbH, 4, Gußhausstraße 14

Dkfm. Dr. Christan Venuleth, 1, Kärntner Straße 16

Vogel & Noot AG, 1, Landskrongasse 5

"Vör" Verkaufsgesellschaft Österr. Rohrhersteller Pachzelt, 1, Naglergasse 2

M. Waldmann & Bruder KG, 10, Südtiroler Platz 10

Eisenwerk Sulzau-Werfen R. & E. Weinberger GmbH, 4, Schwindgasse 20

Welat Armaturen-Großhandel Walter Timmelmayer, 12, Rechte Wienzeile 235

Friedrich Wiebe, 2, Große Stadtgutgasse 20

Franz Wilde, 2, Hollandstraße 14

Franz Winkler, proprietor Paul Banyak, 10, Dampfgasse 10

Zimmer Handelsges.m.b.H., 23, Carlbergergasse 66

Wilhelm Zultner & Co Ges.m.b.H., 7, Mondscheingasse 6

Salary schedule F Department stores

This salary schedule applies to all white-collar workers and apprentices who entered the services of one of the department stores listed below prior to 1 Jan. 1996:

A. GERNGROSS, Kaufhaus AG, Vienna's 7th district, with the business premises Warenhaus STEFFL, Vienna's 1st district; Kaufhaus HERZMANSKY, Vienna's 7th district; Warenhaus STAFA, Vienna's 7th district; Kaufhaus GERNGROSS, Franz-Josefs-Bahnhof, Vienna's 9th district; Kaufhaus GERNGROSS, Vienna's 21th district; Kaufhaus PASSAGE, Linz; Kaufhaus TYROL, Innsbruck; Kaufhaus NIMO, Feldkirchen.

A. GERNGROSS Grundstücks-AG, Vienna's 7th district

LITEGA Warenhandelsges. m. b. H., Wien.

HUMA-Verbrauchermarkt Ges. m. b. H., SCS Vösendorf.

ABM Ges. m. b. H. (head office and branches).

P & Q-Handelsges. m. b. H., Salzburg, with the stores in Vienna's 3rd district,

Vienna's 12th district, Vienna's 21st district and Salzburg.

Großversandhaus QUELLE AG, Linz (head office and branches).

KASTNER & ÖHLER Warenhaus AG, Graz (head office and branches).

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OTTO Versand Ges. m. b. H., Graz.

CITY FORUM Handelsges. m. b. H., Wien (head office and branches).

Employment group 2

18th year of service (= yos) 2,196.00

Employment group 3

18th year of service 2,521.00

Employees paid by commission see D. in this chapter

Employment group 4

18th year of service 3,102.00

Employees paid by commission see D. in this chapter

Employment group 5

18th year of service 3,809.00

Employment group 6

18th year of service 4,171.00

Salary schedule G Wholesale coal trade Vienna, paper wholesale trade Vienna pursuant to company list;

textile, clothing and shoe trade Vienna

This salary scheme applies to companies that act as rail car merchants and employ more than 3 employees (blue-collar workers and white-collar workers, but no apprentices). Paper wholesale trade Vienna pursuant to company list Textile, clothing and shoe trade Vienna This salary scheme applies to all companies that belong to the Viennese provincial boards for clothing and textile retail, textile wholesale, shoe wholesale, shoe retail or the professions corresponding to the sectoral subunit of the professional fashion and leisure product retail group of the Vienna Economic Chamber or the sectoral subunit of the professional fashion and leisure product wholesale group of the Vienna Economic Chamber.

Employment group 1 Limitation 1 a) see point B. 1.13. of this chapter

1a) employees hired over holiday periods, i.e. white-collar workers en-gaged in the company for no more than three months per calendar year, in the 1st, 2nd, 3rd year of white-collar service

1,370.00

1 b) Other white-collar workers in the 1st, 2nd, 3rd year of white-collar service

1,498.00

Employment group 2 1st year of service (= yos) 1,586.00

3rd year of service 1,586.00 5th year of service 1,603.00 7th year of service 1,627.00 9th year of service 1,724.00

10th year of service 1,817.00 12th year of service 1,908.00 15th year of service 2,045.00 18th year of service 2,077.00

Employment group 3 1st year of service 1,586.00 3rd year of service 1,592.00 5th year of service 1,685.00

7th year of service 1,771.00 9th year of service 1,903.00 10th year of service 2,088.00 12th year of service 2,197.00

15th year of service 2,343.00 18th year of service 2,383.00

Employees paid by commission see D. in this chapter Employment group 4 1st year of service 1,687.00 3rd year of service 1,765.00

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5th year of service 1,844.00 7th year of service 2,044.00 9th year of service 2,293.00 10th year of service 2,524.00

12th year of service 2,673.00 15th year of service 2,876.00 18th year of service 2,933.00

Employees paid by commission see D. in this chapter Employment group 5 5th year of service 2,537.00 7th year of service 2,746.00

9th year of service 2,968.00 10th year of service 3,150.00 12th year of service 3,302.00 15th year of service 3,529.00

18th year of service 3,600.00 Employment group 6 5th year of service 2,851.00 10th year of service 3,358.00

15th year of service 3,871.00 18th year of service 3,944.00 Apprentice compensation 1st year of apprenticeship 590.00

2nd year of apprenticeship 745.00 3rd year of apprenticeship 1,055.00 4th year of apprenticeship 1,110.00

Additional Protocol II to the Collective Bargaining Agreement for Commercial Employees. Last updated 1 January 1989.

The salary schedule g) "Paper wholesale trade Vienna" of the Collective Bargaining Agreement for Commercial Employees shall apply for the companies listed below:

"Agens-Werk, Geyer & Reisser, Papierverarbeitung, Buchdruck, Papiergroßhandel, Kassablockerzeugung” Komm.Ges., 1050 Vienna, Arbeitergasse 1–7

Johann Beer Kom. Ges., 1210 Vienna, Hofherr- Schrantz-Gasse 3

Wilhelmine Bieber OHG, 1150 Vienna, Diefenbachgasse 54a

EUROPAPIER Handelsgesellschaft m.b.H. & Co. KG, 1210 Vienna, Autokaderstraße 88

Alfred Feller, 1010 Vienna, Bartensteingasse 11

Hermann Frank, 1150 Vienna, Beingasse 31

Josef Grazer Gesellschaft m.b.H., 1020 Vienna, Engerthstraße 161–163

Hamburger, proprietor Dkfm. Dr. W. Reinthaller, 1010 Vienna, Walfischgasse 8

Maschinenpappen-Betriebs-Gesellschaft m.b.H.,

1010 Vienna, Elisabethstraße 1

Carl Joh. Merckens, proprietor Ing. Otto Merckens, 1070 Vienna, Neubaugasse 4

Patria Papierges.m.b.H., 1090 Vienna, Berggasse 7

Pazelt & Vielguth, 1010 Vienna, Stubenring 20

Wiener Spielkartenfabrik Ferd. Piatnik & Söhne, Kom. Ges., 1140 Vienna, Hütteldorfer Straße 229–231

Josef Stiassny, proprietor Edith Hofer, 1010 Vienna, Hegelgasse 19

Julius Töpfner OHG, 1040 Vienna, Prinz-Eugen- Straße 80

Weber & Koci, 1100 Vienna, Raaber-Bahn-Gasse 24

Welser Papierfabrik Ges.m.b.H., 1010 Vienna, Singerstraße 8

Wiener Papier-Großhandlung Ges.m.b.H., 1010 Vienna, Parkring 2

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H Tobacconists

The provisions of the relevant additional collective bargaining agreement shall apply for tobacconist's white-collar workers who began employment in a tobacco shop prior to 1 Jan. 1998.

C. TRANSITIONAL PROVISIONS

1. General provisions

1.1. Companies may transition employees to the NEW salary scheme on the first of each month starting from 1 Dec. 2017, but at the latest on 1 Dec. 2021. The transition date shall be agreed by works agreement during this time period. If no agreement is reached, transition shall proceed on 1 Dec. 2012 at the lat-est. In companies without works council, the employees must be informed of the transition date in writ-ing 3 months prior to the scheduled date at the latest.

1.2. The parties to the Collective Bargaining Agreement request communication of the transition date of companies comprising more than 10 permanent employees at least 3 months in advance by informal e-mail (name and address of the company, number of employees, date of transition) to bsh@wko.at or handel@gpa-djp.at.

1.3. All employees of a company established after 1 Dec. 2017 shall be allocated to the NEW salary system, subject to recognition of previous periods of employment. This also applies to companies who are apply-ing the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Enter-prises for the first time (e.g. CBA switch, additional business license, …). This shall not include compa-nies a) whose administration is carried out by the franchisor or a central administrative office within its own corporate group b) created by the fusion or merging of operating units within a group organisation. Point 1.1. and 1.2. shall apply to them.

1.4. For employees in seasonal businesses who are re-enlisted, the transitional provisions shall be applied once accordingly, provided the company transitioned to the "NEW" salary system prior to their reap-pointment.

1.5. All employees shall be allocated to the NEW salary system in collaboration with the works council. In particular, the information provided to the employees regarding the operational handling of the transi-tional provisions and the NEW salary system must be coordinated.

1.6. In companies in which employees are entitled to a work coat pursuant to the OLD salary scheme at the time the NEW salary system enters into force, and if this work coat has been provided, such entitlement shall continue to apply for the entire company. Other provisions regarding work clothes shall not be af-fected by this Collective Bargaining Agreement.

2. NEW Notice of Employment Information (Dienstzettel)

Classification into the NEW employment group, the employment group year and the minimum salary amount and, where appropriate, the reform differentials 1 and 2 must be communicated to the employees by NEW Notice of Employment Information (Dienstzettel), (see model in annex or www.derhandel.at or www.gpa-djp.at/handel). The Notice of Employment Information (Dienstzettel) must be issued to the employees four weeks prior to the transition date at the latest. NEW Notice of Employment Information (Dienstzettel) for existing all-in agreements shall meet the form requirements pursuant to A point 7 of this chapter.

3. Classification into the new employment group schedule 3.1. Classification into the employment group

3.1.1. Employees of employment groups 1 to 6 shall be allocated to the NEW employment group schedule in the employment group A to H that corresponds to their activity by 1 Dec. 2021 at the latest.

3.1.2. Based on the integration of all pay scales and areas, the following table can be referred to as a general guide:

Employment group OLD salary scheme

1 2 3 4 5 6

Employment group NEW salary system

A, B, C C, D, E C, D, E, F

E, F F, G H

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3.2. Salary grading into the new pay scale 3.2.1. Salary grading shall be into the next higher minimum salary of the corresponding employment group established in the collective bargaining agreement. If there is no higher amount available in the relevant employment group, allocation shall be to the highest grade of the corresponding employment group. These increases of the minimum salary established in the collective bargaining agreement can be recognised for existing overpayment.

3.2.2. If the OLD minimum salary established in the collective bargaining agreement is higher than the collective bargaining minimum salary of the 5th grade (starting from 13 years) in the new pay scale, allo-cation shall still be to this salary grade. The difference between the NEW minimum salary of the 5th grade established in the collective bargaining agreement and the OLD minimum salary established in the

collective bargaining agreement is shown as "reform differential 1". In this case, existing overpayments shall continue to apply. More favourable solutions for employees are possible.

3.2.3. The "reform differential 1" may not be used to compensate for extra hours and overtime, bonuses, commissions, allowances, premiums and travel expenses. "Reform differential 1" shall be increased an-nually, like the collective bargaining agreement salaries.

3.3. Part-time employment for elderly employees in the transition period

Applicable arrangements regarding part-time employment for elderly employees must be adjusted on the transition date in accordance with the transitional provisions. For employees who are already in the leisure phase of part-time employment for elderly employees at the time of the transition, the occupa-tion agreed prior to the beginning part-time employment for elderly employees shall be taken as the ba-sis for classification into the NEW employment group schedule.

4. Advancementdate

4.1. In this NEW classification, the current advancement date shall continue to apply. If NEW classification coincides with an advancement, the advancement shall be performed first and then the NEW classifica-tion.

4.2. The first advancement after the transition date shall be in the third year on the first of the month that corresponds to the advancement date month before transition to the NEW salary scheme.

5. Special provisions 5.1. The following provisions apply for companies who transition to the NEW salary system between 1 Dec.

2017 and 1 Nov. 2019:

5.1.1. Gradual transition if the difference between the NEW minimum salary established in the collective bargaining agreement and OLD basic salary (minimum salary established in the collective bargaining agreement plus overpay-ment) is higher than EUR 65.00 at the time of transition, adjustment to the collective agreement NEW minimum salary can be carried out in a maximum of three stages.

To this end, the OLD basic salary must be increased by EUR 65.00 on the transition date and then by an-other EUR 65.00 on 1 January of the following two years in addition to the annual collective bargaining agreement increase, but by no more than the amount of the difference to the NEW minimum salary es-tablished in the collective bargaining agreement. The employee shall be entitled to the full EUR 65.00 in the event of part-time employment. More favourable solutions for employees are possible.

Balances of less than EUR 65.00 shall be compensated for on the transition date. Differences that con-

tinue to exist in the third stage must be compensated for entirely. The advancements (in accordance with the advancement date) shall be carried out independently.

All claims arising from the current contract for services shall be settled on the basis of the gross monthly salary paid at the time of entitlement. When employment under a contract for services ends, settlement of all entitlements, such as e.g. for extra hours and overtime, pay in lieu of leave, ... shall also be on the basis of the gross monthly salary paid at the time employment under the contract for services ends.

5.1.2. Advancement during transition

Employees of employment group 3 who were employed in the company at the time the new employment group schedule entered into force (1 Dec. 2017) and who are classified into salary grade 5 (starting from 13 years) upon transition to the NEW employment group schedule, shall receive an additional reform dif-ferential monthly. This "reform differential 2" conforms with classification in the OLD employment group schedule at the time of the transition and with the following table. If NEW classification coincides with an advancement, the advancement shall be performed first and then the NEW classification.

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The "reform differential 2" may be set off against an existing overpayment and is increased annually like the collective bargaining agreement salaries. The "reform differential 2" may also be set off against a reclassification into a higher employment group and in the event of part-timeemployment, an aliquot share of such amount shall be due.

Year of service in employment group 3 at

the time of transition to the new pay sys-tem

Reform differential 2

from the 9th to the 11th year of service EUR 62.00

from the 12th to the 14th year of service EUR 41.00

from the 15th to the 17th year of service EUR 21.00

6. Provisions of expiration and limitation

Legal claims of the employees arising on the transition date as a result of the NEW classification shall lapse if they are not asserted within three years. If asserted in a timely manner, the three-year limitation period un-der sec. 1486 Austrian Civil Code (ABGB) shall continue to apply.

7. Prohibition of discrimination

7.1. No employee may be disadvantaged as a result of the NEW classification and a different understanding of how allocation is to be performed.

7.2. In the course of transferring the existing salary claims to the NEW employment group schedule, such claims may not be cancelled or limited by separate agreement.

D. Special provision for employees paid by commission

The following special provision for employees paid by commission indicates the employment group designations of the NEW salary system and OLD salary scheme. Depending on whether the company is still in the OLD salary scheme or has already transitioned to the NEW salary system, the respective designation shall apply.

1. Employees of employment group 2 or employment group C who receive a commission alongside their fixed basic salary, are entitled to at least 75 percent of their minimum salary established in the collective bar-gaining agreement as monthly fixed basic salary. Additionally, they are entitled to a commission advance payment in an amount corresponding to the difference between the fixed basic pay and the minimum sal-ary established in the collective bargaining agreement. The commission claims earned in the relevant month shall be settled and paid with the payroll check of the following month, taking into account the commission advance of the month in which the commission claims were acquired. If the commission entitlements fall short of the amount of the commission advance, the advance pay-ments cannot be reclaimed or set off against the commission claims in other months. If the commission claims exceed the advance commission of the month in which the commission claims were acquired, they may not be counted towards the advance commission of other months.

2. Employees in employment group 3 or employment group D who receive a commission alongside their fixed basic salary, are entitled to at least 75 percent of their minimum salary established in the collective bar-gaining agreement as monthly fixed basic salary. Additionally, they are entitled to a commission advance payment in an amount corresponding to the difference between the fixed basic pay and the minimum sal-ary established in the collective bargaining agreement.

3. With employees who are assigned at least to employment group 4 or employment group E or higher, either the model described for the employment group 3 or employment group D or a salary model comprising a lower basic salary or no basic salary at all, yet comprising commissions, can be agreed. Employees in one of these models are entitled to payment of at least 100 percent of the minimum salary established in the collective bargaining agreement at the end of the month. Depending on the agreement, this payment can be either a fixed basic salary, commissions, advance commissions or a combination of these elements.

4. For employees of employment group 3 or employment group D or higher, with whom commission pay-ments are agreed in whatever form or amount, the commission claims acquired in the respective month shall be settled and paid with the payroll check of the following month, taking into account the advance commissions of the relevant calendar half-year. If the commission entitlements of the relevant calendar half-year fall short of the amount of the commis-sion advance granted for the relevant calendar half-year, the advance payments cannot be reclaimed or set off against advance commissions of other calendar half-years.

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5. Christmas bonus and leave allowance

5.1. Employees who are assigned to employment group 2 or 3 or employment group C or D and with whom commissions were agreed, shall receive special payments in the amount of the fixed basic salary, at least however, in the amount of the minimum salary established in the collective bargaining agreement.

5.2. Employees to be allocated to at least employment group 4 or employment group E and with whom only commissions are agreed, shall receive special payments on 30 June and at the latest on 31 December to the extent that their paid-out commission income including leave pay and any sick pay, but excluding overtime pay has not reached 7 times the minimum salary of their employment group established in the collective bargaining agreement in the calendar half-year elapsed.

5.3. Employees to be allocated to at least employment group 4 or employment group E and who draw a fixed basic salary, alongside the commission, amounting to less than the minimum salary established in the collective bargaining agreement, shall receive special payments taking the form of a Christmas bonus in the amount of the November fixed basic salary and leave allowance in the amount of the fixed basic sal-ary due at the time of the leave or on 30 June at the latest that may not be set off against commissions. The relevant special payment made initially in the amount of the fixed basic salary shall increase to the extent that their income paid out in the calendar half-year elapsed, consisting of commissions and the monthly fixed basic salary including leave pay and any sick pay, as well as the special payment in the amount of the fixed basic salary, but excluding overtime pay, has not reached 7 times the minimum sal-ary of their employment group established in the collective bargaining agreement.

5.4. Employees to be assigned to at least employment group 4 or employment group E and who draw a fixed basic salary alongside the commission that corresponds to at least the minimum salary established in the collective bargaining agreement, shall receive special payments taking the form of a Christmas bonus in the amount of the November fixed basic salary and leave allowance in the amount of the fixed basic sal-ary due at the time leave is taken or on 30 June at the latest.

6. The provisions for calculating aliquot parts pursuant to leave allowance or Christmas bonus shall be ap-plied analogously and supplementarily for all employees paid by commission joining or leaving the com-pany throughout the calendar year.

7. In the event of illness, leave and on public holidays, the principle of lost time shall be applied for the calculation of the commission.

8. When employment under the contract for services ends, all outstanding commission claims shall be paid out.

9. If employees, regardless of the allocation stipulated in their respect, are entitled, pursuant to employ-ment contract, to an actual salary corresponding to the fictitious allocation of employment group 3 or employment group D or higher (taking into account the previous periods of employment), the options to settle and pay out the fixed basic salary and commission provided for the relevant employment group can be made avail of. The fictitious allocation to the next higher employment group shall apply as basis for the settlement of all claims related to the pay.

10. The employer shall be obligated, without being prompted, to provide the employee monthly access to the records she keeps that are made for the purpose of calculating the commissions due to her or to hand over, without being prompted, a corresponding written record.

E. Upholding overpayments 1. Any overpayments of minimum salaries established in the collective bargaining agreement existing on 31

December 2017 shall be upheld in their euro amount (to the cent) with respect to the minimum salary established in the collective bargaining agreement and increased starting from 1 January 2018.

2. For employees paid by commission pursuant to D of this chapter, point 1 shall apply only in cases in which a fixed basic salary was agreed. If the amount of this fixed basic salary is higher than the minimum salary established in the collective bargaining agreement respectively due, the difference in euros between the fixed basic salary and the minimum salary established in the collective bargaining agreement shall be upheld.

3. If the amount of this fixed basic salary is lower than the minimum salary established in the collective bargaining agreement respectively due, the fixed basic salary shall be increased as is necessary to keep the fixed basic salary percentage of the minimum salary established in the collective bargaining agreement unchanged.

4. The "reform differential 1" and "reform differential 2" resulting from a transition shall be increased annu-ally like the minimum salaries established in the collective bargaining agreement.

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CHAPTER 4) FRAMEWORK AND PAY PROVISIONS FOR TRAINING AND CON-TINUING EDUCATION

A. DUAL AND INTEGRATIVE VOCATIONAL TRAINING 1. For apprenticesthe provisions of the Vocational Training Act (BAG) regarding the trial period shall apply. 2. Apprentices must be paid a monthly apprentice compensation in accordance with the rates indicated.

The amount of the 4th year of apprenticeship shall apply to dual apprenticeships. 3. Employees who complete an integrative vocational training pursuant to sec. 8b Vocational Training Act

(BAG) shall receive a monthly apprentice compensation according to the rates indicated. In the event of the subsequent extension of the apprenticeship contract under sec. 8b Vocational Training Act (BAG), the apprentice compensation most recently due shall remain unchanged until a higher apprentice com-pensation results under the regulation above.

Dual vocational training Integrative vocational training

Year of appren-ticeship

Apprentice compensa-tion

Year of training Apprentice compensa-tion

1st year of ap-prenticeship

590.00 in year 1

90% of the apprentice compensation due for

the first year of appren-ticeship

2nd year of ap-prenticeship

745.00 in year 2

115% of the apprentice compensation due for

the first year of appren-ticeship

3rd year of ap-prenticeship

1,055.00 in year 3

the apprentice compen-sation due for the sec-ond year of apprentice-

ship

4th year of ap-prenticeship

1,110.00 in years 4 and 5 the apprentice compen-sation due for the third year of apprenticeship

The gross apprentice compensations indicated are minimum rates.

4. The boarding school costs incurred as a result of the apprentice's stay in a student home intended for students of vocational college to satisfy compulsory vocational school attendance requirements, shall be advanced to the apprentice by the apprenticeship trainer and reimbursed to the apprentice in a manner ensuring that the apprentice is left with at least 50 percent of the respective apprentice compensation for the time period spent at boarding school.

5. If the employer receives funding for an apprentice pursuant to the guidelines in sec. 19c Vocational Training Act (BAG) and if the apprentice passes the final apprentice examination with merit or with dis-tinction at first try, the apprentice shall receive a one-time bonus. The one-time bonus shall be € 100.00 for passing with merit and € 150.00 for passing with distinction. Existing corporate bonus payments can be offset. The change or repeal of the guideline of the Federal Vocational Training Council for the promotion of the vocational training of apprentices under sec. 19c Vocational Training Act (BAG) this claim shall lapse.

6. Sec. 18 Vocational Training Act (BAG) shall apply with regard to continued employment after completion of the apprenticeship. The retention period shall be 5 months. If half of the apprenticeship period was completed, the retention period shall be 2.5 months. If the retention period does not end with the last day of a calendar month, it must be extended to this date.

Part-time employment can be agreed for the time of continued employment. If the obligation to continue employment is waived or the authorisation to terminate is granted pursuant to sec. 18 (3) Vocational Training Act (BAG), no continued employment based on the collective bargaining agreement shall ensue.

7. If the employer does not wish to continue the contract of service with the employee beyond continued employment after completion of the apprenticeship, she shall terminate such employment at the end of continued employment after completion of the apprenticeship, subject to a notice period of six weeks pursuant to 6.

8. The provisions of point G in chapter 1) shall apply for continued payment of the apprentice compensa-tion in the event of incapacity to work.

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B. COMPENSATION FOR MANDATORY INTERNS 1. Mandatory interns are school students who complete a mandatory internship prescribed by a school for

intermediate vocational education or a college for higher vocational education in accordance with school regulations.

2. Their monthly compensation for the first internship, with 38.5 normal working hours weekly, shall amount to at least the apprentice compensation for the 1st year of apprenticeship. This also applies if there is only a partial obligation to work.

3. Their monthly compensation for the second internship, with 38.5 normal working hours weekly, shall amount to at least the apprentice compensation for the 2nd year of apprenticeship. This also applies if there is only a partial obligation to work.

4. Mandatory interns are also students, who complete a mandatory internship prescribed by a university of applied science, university college or university in accordance with school regulations. Their monthly compensation, with 38.5 normal working hours weekly, shall amount to at least the apprentice compen-sation for the 3rd year of apprenticeship. This also applies if there is only a partial obligation to work.

5. The mandatory intern must be issued an agreement on the beginning, end and content of the internship by the beginning of the mandatory internship at the latest. (For more information, see decree on the perfor-

mance of mandatory internships at vocational colleges of the Federal Ministry of Education.)

C. PROVISIONS ON THE PROMOTION OF IN-SERVICE TRAINING 1. With regard to the distribution of weekly working hours pursuant to CHAPTER 2), 2. participation in training and continuing education shall be considered a justified employee interest, even if it is financed by the employer, provided the employee communicates this interest in writing at least 2 months prior to the beginning of the training measure, indicating the course title, course duration as well as the course times, and provided that the training measure takes place at the beginning or end of the usual working hours. Ena-bling participation also includes the time that the employee requires to travel from the workplace to the training measure or from the training measure to the workplace.

2. If the announcement is made in due time, the employer can refuse consideration of the training meas-ure in work schedule arrangements within two weeks if:

2.1. compliance with operating procedures is at risk or*

2.2. the maintenance of business operations can no longer be ensured

3. The employer's approval shall apply to the entire duration of the training measure, i.e. the possibility to attend must be ensured for the entire duration of the training measure. In special and unpredictable excep-tional cases, a departure from this rule of permitting attendance can be justified if minimum participation in the training measure or the success of the training measure is not jeopardised.

4. The time extent of the training measure may not interfere with performance of the normal weekly working hours.

5. The employee shall present a confirmation of participation at the end of the training measure or at the end of the semester.

6. The employee's refusal to perform work due to participation in a training measure may not result in dis-advantages to the employee.

7. This provision as a whole can be availed of after a minimum service period of 6 months counted from the date a training measure begins.

CHAPTER 5) TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES

A. BUSINESS TRIP TERM

1. A trip shall qualify as a business trip if the white-collar worker leaves the place of employment pursuant to 2. in order to execute an assignment entrusted to her. A trip shall also qualify as a business trip if the white-collar worker leaves the employer's business premises in order to perform the assignment entrusted to her, but remains at the place of employment (pursuant to 2.). In this event, she shall only receive a per diem, if the works agreement so provides.

2. The place of employment within the meaning of this provision shall be an area of activity outside of Vienna within 12 road kilometres from the business premises and shall, at any rate, include the municipal territory. The municipal territory of Vienna shall be the districts 1 to 23.

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3. The business trip shall begin upon departure from the workplace, if it is set out on from the workplace. In all other cases, the business trip shall begin with the departure from home, as necessary for travel. The business trip shall end upon the return to the workplace or upon the return home, as necessary for travel.

B. TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES

For business trips, the white-collar worker shall be reimbursed the expenditure caused by such business trip. The white-collar worker shall select the most cost-effective option in each case.

1. Travel expenses

1.1. For business trips by rail, the 2nd class travel expenses shall be reimbursed.

1.2. In the event of travel in first class, on luxury trains and in sleeping cars, the respective costs are only reimbursed if the employer's express authorisation was given for such use. If no such approval was obtained, the travel expenses for 2nd class shall be reimbursed.

1.3. For business trips by bus, the actually incurred travel expenses shall be reimbursed.

1.4. The employer's express approval is required for the use of aircraft or ships. If such authorisation was obtained, the actually incurred costs shall be reimbursed.

1.5. Express employer approval shall be required for use of the white-collar worker's private motor vehicle for a business trip. If such authorisation was obtained, a kilometre allowance shall be granted to cover the cost of motor vehicle upkeep and use. There shall be no further claims to reimbursement of travel costs beyond the kilometre allowance.

1.6. The kilometre allowance pursuant to item 1.5. shall amount to the following for

passenger cars and station wagons since 1 January 2009

1.6.1. for up to 10,000 km driven per calendar year € 0.42

1.6.2. for 10,001 to 20,000 km € 0.34

1.6.3. beyond that € 0.25

per kilometre driven.

The lower kilometre allowance shall be due when the above kilometre limits are exceeded during the current calendar year.

1.7. If the in-house business year deviates from the calendar year, the business year can be used to calculate kilometre allowance rather than the calendar year. Internally, different annual time periods may also be agreed for the calculation of kilometre allowance.

1.8. The kilometre allowance shall be reduced accordingly if a part of the costs (e.g. fuel, insurances, repair) is paid for by the employer. In the event of a reduction, a distribution key published by the drivers' associations shall be taken into account.

1.9. Authorisation pursuant to point 1.5 shall not be construed as an official instruction to use the private car. Therefore, the granting of kilometre allowance shall not cause employer liability for damages caused by the white-collar worker's use of the car.

1.10. A driver logbook must be kept recording the kilometres driven that shall be submitted for settlement on request or, at all events, at the end of the calendar or business year or before the white-collar worker leaves the company. Accounts shall be settled either after every business trip, monthly or in specific intervals.

1.11. Travel time is regulated in point A chapter 2) of this Collective Bargaining Agreement.

2. Travel expense allowance

2.1. The white-collar worker shall receive a travel expense allowance for every full calendar day to defray the additional personal expenses for meals and accommodation related to the business trip. This consists of a per diem and an overnight allowance.

2.2. The travel expense allowance within the meaning of the Income Tax Act as amended shall amount to:

per diem overnight allowance per diem and overnight allowance

EUR 26.40 EUR 15.00 EUR 41.40

If business trips occur on more than 12 calendar days within the space of one month, the per diem shall be reduced for each business trip exceeding the 13th calendar day to EUR 14.40 or to a twelfth of EUR 14.40 per

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hour commenced. Business trips that take less than 3 hours all in all shall not be taken into account when determining the 12 calendar days.

2.3. The per diem serves to cover additional expenses for meals and for all the white-collar worker's personal expenses related to the business trip, including tips. A meal paid by the employer (except for breakfast) shall reduce the per diem by EUR 13.20 in each case.

2.4. If a business trip takes longer than 3 hours, 1/12 of the per diem can be calculated for every hour commenced.

The overnight allowance shall serve to cover expenses for accommodation and the cost of breakfast.

The overnight allowance shall not apply if the business trip does not involve an overnight stay, if accommodation is provided, if the actual accommodation costs are reimbursed or if the use of a sleeping car has been authorised and the relevant costs are reimbursed.

Actual accommodation costs shall be reimbursed against presentation of the receipt in accordance with the principles of these provisions (B.).

2.5. If a business trip sometimes requires an uninterrupted stay in one place of more than 28 days, the travel expense allowance shall be reduced by 25% starting from the 29th day, in accordance with point 2.2, with the per diem amounting to at least EUR 14.40.

2.6. Any more favourable company-level or individual agreements relating to the amount of reimbursement for travel expenses (per diem and kilometre allowance) applicable on 30 June 2001 shall not be affected by the new regulation that entered into effect on 1 July 2001.

3. Participation in seminars, courses, information events and the like

An allowance for travel costs and travel expenses shall be omitted in the event of deployment of white-collar workers to events (e.g. seminars, courses, information events), provided the costs related to participation are paid for by the employer to the requisite extent.

4. Business trips outside of Austria

Business trips outside of Austria shall require the employer's express approval. The reimbursement of travel costs and travel expenses shall be agreed separately prior to every business trip. The above may also be regulated by way of a works agreement. It is recommended to base such an agreement on the rates for foreign travel in the Income Tax Act.

5. Fair fee

5.1. White-collar workers assigned to a more than three-hour duty shift at fairs or exhibitions at the place of employment, shall receive an expense allowance (fair fee) per calendar day in the amount of EUR 20.36.

5.2. For white-collar workers recruited explicitly for duty at the respective fair or exhibition (e.g. fair help-ers), or when the employer pays for the cost of appropriate board, entitlement to a fair fee shall not apply.

5.3. The provisions of Point B shall apply for white-collar workers who are assigned to duty at fairs or exhibi-tions outside of their place of employment.

6. Additional operational rules and regulations

Provisions can be agreed in works agreements on the granting of travel cost and expense allowances, provided the collective bargaining agreement provisions are not more favourable.

CHAPTER 6) FINAL PROVISIONS

A. Provisions of expiration and limitation

1. General provision

Unless otherwise agreed in this Collective Bargaining Agreement, the employer's and the employee's claims must be asserted on principle in writing within 6 months of due date or otherwise forfeited. Due assertion shall ensure preservation of the statutory limitation period.

2. Working time records

2.1. The employer (except in cases pursuant to sec. 26 (2) to (5) Working Hours Act (AZG), e.g. flexitime, travellers) shall keep ongoing record of the working hours performed by such employer's employees which must be submitted to the employee for confirmation at the end of the following pay period at the latest. The

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timeframe for submission can be extended by works agreement, or in companies without a works council, by way of the employment contract (Notice of Employment Information, Dienstzettel).

2.2. If the employee refuses to provide a signature, indicating justifiably that more working hours were per-formed, she must file claims in writing, based on the higher number of working hours performed, within 6 months of submission of the working time records. The statutory limitation periods of the Austrian Civil Code (ABGB) shall apply to claims asserted in this manner.

2.3. Any working hours not claimed by the employee pursuant to the procedure in points 2.1. and 2.2. shall lapse after the expiry of 2 months.

2.4. If, contrary to these provisions, the employer fails to keep or submit such ongoing records, the claims shall lapse after 6 months, unless they were asserted on principle in writing, unless otherwise agreed in Point 2.5.

2.5. If such records are not kept or substantial parts of such records are not kept or not submitted, this deadline shall be 12 months, if, due to the size of the company, such records are generally not predominantly kept by the employer personally and the employees cannot access such record.

3. Credit hours, time off in lieu

If working time, extra hours, overtime and premiums are compensated by time off in lieu, the employer shall be obligated to keep a time account. The time account must be submitted to the employee at least once quarterly to confirm its accuracy. If the employee confirms accuracy of the time account, further claims to credit hours shall be excluded. If accuracy is not confirmed, the provisions pursuant to point 1 shall apply. Compensatory time credit recognised by the employer shall not lapse.

4. Salary entitlements

Salary claims due to disagreements relating to allocation shall expire after one year if they are not asserted. If asserted in a timely manner, the three-year limitation period under sec. 1486 Austrian Civil Code (ABGB) shall continue to apply.

5. Travel cost and expense allowances

Claims arising from travel cost and expense allowances must be asserted at the latest within 3 months of the end of the business trip or the agreed or assigned submission of the driver logbook to the employer by provision of an invoice or of the driver logbook or shall otherwise be forfeited.

B. SUPPORT GROUP AND ARBITRATION BOARD

1. An Arbitration Board shall be established for the settlement of disagreements with regard to the interpreta-tion of the Collective Bargaining Agreement. This Arbitration Board can be called upon by the responsible chambers on behalf of the employer, by the Union of Salaried Private Sector Employees, Graphical Workers and Journalists, on behalf of the white-collar workers.

This Arbitration Board shall convene once every 3 months in the event of questions regarding the interpretation of this Collective Bargaining Agreement. The Arbitration Board is made up of 3 employer representatives and 3 white-collar worker representatives. If the arbitration board's decision relates to a specific industry group, this must be taken into account in the composition of the arbitration board, both on the employer and the white-collar worker side, by appointment of one representative each of the industry concerned.

The chairperson shall be elected from among the employers or white-collar workers alternately for each session and shall have only one vote. The arbitration board shall only have a quorum if all members are present; a simple majority rule shall apply for all decisions. If no agreement can be reached, the two contractual partners shall submit to the arbitration award of the Federal Arbitration Office.

2. Disputes and differences of opinion related to employment on 8 December shall be settled by a parity-based arbitration board to be established in each federal province. This Arbitration Board is made up of two em-ployer representatives and two white-collar worker representatives.

3. For the duration of the transition to the new employment group schedule, the parties to the Collective Bargaining Agreement shall agree on a mutual monitoring and evaluation by a support group, that convenes periodically. This support group consists of 2-4 persons each, appointed by the Sectoral Section Commerce, on the one hand, and the Union of Salaried Private Sector Employees, Graphical Workers and Journalists, on the other. The task of this support group is to process queries regarding the NEW classification, to mediate in the event of differences on corporate level, notably regarding the transition date, to document the prac-tical manageability and impact on business processes and employees, and to derive therefrom and agree on necessary modification measures.

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C. FINAL PROVISIONS

1. Existing higher salaries and more favourable labour law agreements (individual regulations or corporate exercises) are not affected by this Collective Bargaining Agreement.

2. With the entry into force of this Collective Bargaining Agreement, the provisions of the Collective Bar-gaining Agreement so far applicable, dated 24 July 2017, shall become invalid

66

AUSTRIAN FEDERAL ECONOMIC CHAMBER

The president: Secretary-General: Christoph Leitl Anna Maria Hochhauser

SECTORAL SECTION COMMERCE of the

AUSTRIAN FEDERAL ECONOMIC CHAMBER

President: Division manager: Peter Buchmüller Iris Thalbauer

AUSTRIAN TRADE UNION FEDERATION The UNION of SALARIED PRIVATE SECTOR EMPLOYEES,

Graphical Workers and Journalists

The Chairman: Division manager Wolfgang Katzian Karl Dürtscher

AUSTRIAN TRADE UNION FEDERATION The UNION of SALARIED PRIVATE SECTOR EMPLOYEES,

Graphical Workers and Journalists Commerce Sector

The Chairman: Industrial Sector Secretary:

Franz-Georg Brantner Anita Palkovich

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ANNEXES

For the better implementation and interpretation of the Collective Bargaining Agree-ment:

1. Sample: Notice of Employment Information (Dienstzettel) NEW general salary system

2. Sample: Notice of Employment Information (Dienstzettel) NEW all-in salary system

3. Sample: Transition Notice of Employment Information (Umstiegsdienstzettel) NEW general

salary system

4. Sample: Transition Notice of Employment Information (Umstiegsdienstzettel) NEW all-in sal-

ary system

5. Sample: Collective Bargaining Agreement for establishment of the transition date

6. Sample: Note to the employee relating to the transition date

7. Sample: Notice of Employment Information (Dienstzettel) OLD salary scheme

8. Overview reference functions (table)

9. Detailed descriptions of the reference functions

10. Training ordinance for retail traders

11. relevant substitutes for final apprentice examination

12. Decree of the Federal Ministry of Economy, Family and Youth pursuant to sec. 34a Vocational

Training Act (BAG)

13. Decree of the Federal Ministry of Education on mandatory internships at commercial colleges

Annexes 8-13 are only available in German.

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Annex 1) Sample: Notice of Employment Information (Dienstzettel) NEW salary system

NOTICE OF EMPLOYMENT INFORMATION (Dienstzettel) (* Delete as applicable)

I. a) Employer: .................................................. b) Employee: Mr/Mrs* …............................... address……...................................................... II. Beginning of employment under the contract for services ……............................... III. Employment under the contract for services shall be concluded for an indefinite period*/until .................. *. The first month of employment under this contract for services shall be a probationary month within the meaning of sec. 19 (2) White-Collar Workers Act (AngG) during which this contract for services can be terminated by either contractual party. * Severance fund (incl. address): ........................................................................... ................................................................................... IV. The provisions for termination shall be subject to the legal regulations respectively applicable and the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies. During the first five years of employment, the contract for services can be terminated on the 15th or the last day of every calendar month. * V. The contract for services shall be subject to the provisions of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies and the works agreements applicable to the specific company. * These are available for perusal at .................................(place). VI. Pursuant to the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies, you will be assigned to the pay scale of the NEW salary system, employment group ..................., grade .................... It is established that you shall enter into a new year of white-collar employment on ....................... of every year. VII. Your employment as ............................................. includes the following duties in particular: ...................................................................................................................................... You shall comply with all company-level operational and safety regulations and shall perform all work related to your intended use as directed. You may also be assigned to other activities temporarily. VIII. Your ordinary place of work is: ............................................................................................................................. .........The job requires regular field service in the area of .....................................................................* IX. Pursuant to chapter 2) of the Collective Bargaining Agreement, the normal weekly working time shall be 38.5 hours. In the event of part-time employment: the agreed normal weekly working time shall be ..................................... hours. * The agreement regarding the distribution of normal weekly working hours across the individual days of the week shall be subject to the provisions of chapter 2) of the Collective Bargaining Agreement for E White-collar Workers and Apprentices in Commercial Companies.

69

The employer shall be authorised to require extra hours and overtime, subject to legal provisions and the provisions of the Collective Bargaining Agreement. Additional services shall be compensated in accordance with the provisions of the Collective Bargaining Agreement. X. Your monthly basic salary shall amount to EUR ............................ In addition, the white-collar worker shall be entitled to the following pay components: * ............................................................................................................................. ......... The provisions of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies shall apply to special payments. The monthly salaries shall be paid at the end of the month pursuant to sec. 15 White-Collar Workers Act (AngG). The payment of current salaries to a salary account shall be considered agreed. * XI. The following agreements apply for travel cost and expense allowances: a) the provisions of the Collective Bargaining Agreement* b) ...............................................................................* XII. Your holiday entitlement shall be determined by the provisions of the Paid Annual Leave Act. For the extent of leave, ..................................... are taken into account pursuant to sec. 3 Paid Annual Leave Act (UrlG). XIII. Any future amendment to the rights and obligations noted herein that are not based directly on the law, the Collective Bargaining Agreement or the works agreement must be made in writing. ……………………………......., (date) ...................................... (Town) If there are any questions related to Notice of Employment Information (Dienstzettel) or classification, please con-tact your professional advocacy organisation. for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel

70

Annex 2) Sample: Notice of Employment Information (Dienstzettel) NEW all-in salary system

NOTICE OF EMPLOYMENT INFORMATION (Dienstzettel) all-in agreement (* Delete as applicable)

I. a) Employer: .................................................. b) Employee: Mr/Mrs* …............................... address……...................................................... II. Beginning of employment under the contract for services ……............................... III. Employment under the contract for services shall be concluded for an indefinite period*/until .................. *. The first month of employment under this contract for services shall be a probationary month within the meaning of sec. 19 (2) White-Collar Workers Act (AngG) during which this contract for services can be terminated by either contractual party. * Severance Fund (incl. address): ........................................................................... ............................................................................................................................. ......... IV. The provisions for termination shall be subject to the legal regulations respectively applicable and the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies. During the first five years of the employment, the contract for services can be terminated on the 15th or the last day of every calendar month. * V. The contract for services shall be subject to the provisions of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies and the works agreements applicable to the specific company. * These are available for perusal at .................................(place). VI. Pursuant to the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies, you will be assigned to the pay scale of the NEW salary system, employment group ..................., grade .................... It is established that you shall enter into a new year of white-collar employment on ....................... of every year. VII. Your employment as ............................................. includes the following duties in particular: ........................................................................................................................ You shall comply with all company-level operational and safety regulations and shall perform all work related to your intended use as directed. You may also be assigned to other activities temporarily. VIII. Your ordinary place of work is: ......................................................................................................................................The job requires regular field service in the area of .....................................................................* IX. Pursuant to chapter 2) of the Collective Bargaining Agreement, the normal weekly working time shall be 38.5 hours. The agreement regarding the distribution of normal weekly working hours across the individual days of the week shall be subject to the provisions of chapter 2) of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies. The employer shall be authorised to require extra hours and overtime, subject to legal provisions and the provisions of the Collective Bargaining Agreement. Additional services shall be compensated in accordance with the provisions of the Collective Bargaining Agreement. X. "Based on your salary grading, your minimum salary established in the collective bargaining agreement shall be gross ……………. However, an all-in salary in the amount of ………… gross has been agreed, with the basic salary amounting to gross …………… for the normal working hours pursuant to sec. 2 (2) (9) in conjunction with sec. 2g Austrian Employment Contract Law Adaptation Act (AVRAG). On the whole, the amount exceeding the basic salary shall compensate for any and all extra hours and overtime on workdays (in the imputed maximum

71

amount per calendar year), overtime on Sundays and public holidays as well as all supplements for work per-formed during the extended opening hours pursuant to chapter 2) F of the Collective Bargaining Agreement for which compensation is payable.

In addition, the white-collar worker shall be entitled to the following pay components: * ...................................................................................................................................... The provisions of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies shall apply to special payments. The monthly salaries shall be paid at the end of the month pursuant to sec. 15 White-Collar Workers Act (AngG). The payment of current salaries to a salary account shall be considered agreed. * XI. The following agreements apply for travel cost and expense allowances: a) the provisions of the Collective Bargaining Agreement* b) ...............................................................................* XII. Your holiday entitlement shall be determined by the provisions of the Paid Annual Leave Act. For the extent of leave, ..................................... are taken into account pursuant to sec. 3 Paid Annual Leave Act (UrlG). XIII. Any future amendment to the rights and obligations noted herein that are not based directly on the law, the Collective Bargaining Agreement or the works agreement must be made in writing. ……………………………......., (date) ...................................... (Town) If there are any questions related to Notice of Employment Information (Dienstzettel) or classification, please con-tact your professional advocacy organisation for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel

72

Annex 3) Sample: Transition Notice of Employment (Dienstzettel) NEW sal-ary system

TRANSITION NOTICE OF EMPLOYMENT INFORMATION (DIENSTZETTEL) (* Delete as applicable)

1. Company: .............................................................................................................

Legal form:

..........................................................................................................................

Address: .................................................................................................................... ..

2. Employee

Name: .............................................................................. date of birth: ...........................

Address: .................................................................................................................... ....

3. Use in the company: ............................................................................................

/Use in accordance with job profile....................................*

4. The company is transitioning to the NEW salary system of the Collective Bargaining Agreement for White-

collar Workers and Apprentices in Commercial Companies on ……………….……….

5. Pursuant to the Collective Bargaining Agreement, the normal weekly working time shall be

.................... hours. *)

In the event of part-time employment: the weekly working time shall be .................... hours, excluding

statutory rest periods. *)

6. a. Allocation to the OLD salary scheme:

– Pay scale........................................... - Pay area: ..............................................

- Employment group ................................... - Employment group year: ..............................

As a result, the OLD minimum salary amounts to …………………………………… as established in the collective bar-

gaining agreement.

* A basic salary of ………………………………………. was agreed.

– Starting date: ........................................... - credited years upon entry: ........................

- Date of advancement: ................................

6. b. Allocation to the NEW salary scheme:

– Employment group ................................... - Grade: …......................................................

As a result, the minimum salary amounts to ………………………………… as established in the collective bargaining

agreement.

In addition to this, the following amounts shall also be due:

* Reform differential 1 in the amount of......................* Reform differential 2 in the amount of

........................*

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* As a result, overpayment is reduced to …………………………. / Overpayment in the amount of …………………. shall

remain applicable / is agreed.

As a result, the *NEW gross monthly salary / basic salary amounts to ………………………………… and shall be paid

out as of ……………….

The advancement date in the NEW salary scheme shall be identical to the date in the OLD salary scheme:

..........................................................................

*6. c. The company shall make avail of the special provision pursuant to CHAPTER 3) C. 5.1.1. Gradual transi-

tion and will increase the OLD gross monthly salary in stages:

- on the transition date …………………………………. + EUR 65.00

- on 1 January 20…. …………………………………. + CBA increase + EUR ……….

- on 1 January 20…. …………………………………. + CBA increase + EUR ……….

*6. d. additional pay components / commission agreement: *

The full amount of the following pay components shall remain in effect and shall not be affected by the tran-

sition:

_______________________________________________

_______________________________________________

Pursuant to CHAPTER 3) D., the following commission agreement is made

- Fixed basic salary: ………………………………………… (share ……%)

The provisions of the collective bargaining agreement for advance commissions shall be applied.

7. The regulations and entitlements agreed in the employment contract shall remain unchanged. * This also

applies to works agreements. These are available for perusal at (place)

..................................................................

............................... , on ....................

(City, Town) For questions regarding the transition, Notice of Employment Information (Dienstzettel) or allocation, please con-tact your professional advocacy organisation. for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel

74

Annex 4) Sample: Transition Notice of Employment Information (Dienstzet-tel) NEW all-in salary system

TRANSITION NOTICE OF EMPLOYMENT INFORMATION (Dienstzettel) all in (* Delete as applicable)

1. Company: .................................................................................................................

Legal form: ................................................................................................................. ..

Address: ........................................................................................ ..............................

2. Employee

Name: .............................................................................. born on: .............................

Address: ......................................................................................................................

3. Use in the company: ............................................................................................

/Use in accordance with job profile....................................*

4. The company is transitioning to the NEW salary system of the Collective Bargaining Agreement for White-

collar Workers and Apprentices in Commercial Companies on ……………….……….

5. Pursuant to the Collective Bargaining Agreement, the normal weekly working time shall be

.................... hours. *)

In the event of part-time employment: the weekly working time shall be .................... hours, excluding

statutory rest periods. *)

6. a. Allocation to the OLD salary scheme:

– Pay scale........................................... - Pay area: ..............................................

- Employment group ................................... - Employment group year: ..............................

As a result, the OLD minimum salary amounts to …………………………………… as established in the collective bar-

gaining agreement.

However, an all-in salary in the amount of …………. gross has been agreed, with the basic salary amounting to

gross …………… for normal working hours pursuant to sec. 2 (2) (9) in conjunction with sec. 2g Austrian Em-

ployment Contract Law Adaptation Act (AVRAG). On the whole *, the amount exceeding the basic salary shall

compensate for any and all extra hours and overtime on workdays (in the imputed maximum amount per cal-

endar year), overtime on Sundays and public holidays, as well as all supplements for work performed during

75

extended opening hours pursuant to chapter 2) F of the Collective Bargaining Agreement for which compen-

sation is payable.

– Starting date: ........................................... - credited years upon entry: ........................

- Date of advancement: ................................

6. b. Allocation to the NEW salary scheme:

– Employment group ................................... - Grade: …......................................................

As a result, the minimum salary amounts to ………………………………… as established in the collective bargaining

agreement.

In addition to this, the following amounts shall also be due:

* Reform differential 1 in the amount of......................* Reform differential 2 in the amount of

........................*

However, an all-in salary in the amount of ………… gross has been agreed, with the basic salary amounting to

gross …………… for normal working hours pursuant to sec. 2 (2) (9) in conjunction with sec. 2g Austrian Em-

ployment Contract Law Adaptation Act (AVRAG). * As a result, overpayment is reduced to …………………………. /

Overpayment in the amount of ……………………. shall remain applicable / is agreed.

On the whole, the amount exceeding the basic salary (excluding reform differentials 1 and 2) shall compen-

sate for *any and all extra hours and overtime on workdays (in the imputed maximum amount per calendar

year), overtime on Sundays and public holidays, as well as all supplements for work performed during ex-

tended opening hours pursuant to chapter 2) F of the Collective Bargaining Agreement for which compensa-

tion is payable.

As a result, the *NEW gross monthly salary shall amount to………………………………… and shall be paid out as of

……………….

The advancement date in the NEW salary scheme shall be identical to the date in the OLD salary scheme:

..........................................................................

*6. c. The company shall make avail of the special provision pursuant to CHAPTER 3) C. 5.1.1. Gradual transi-

tion and will increase the OLD gross monthly salary in stages:

- on the transition date …………………………………. + EUR 65.00

- on 1 January 20…. …………………………………. + CBA increase + EUR ……….

- on 1 January 20…. …………………………………. + CBA increase + EUR ……….

*6. d. additional pay components / commission agreement: *

The full amount of the following pay components shall remain in effect and shall not be affected by the tran-

sition:

_______________________________________________

_______________________________________________

Pursuant to CHAPTER 3) D., the following commission agreement is made

- Fixed basic salary: ………………………………………… (share ……%)

The provisions of the collective bargaining agreement for advance commissions shall be applied.

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7. The regulations and entitlements agreed in the employment contract shall remain unchanged. * This also

applies to works agreements. These are available for perusal at (place)

..................................................................

............................... , on ....................

For questions regarding the transition, Notice of Employment Information (Dienstzettel) or allocation, please con-tact your professional advocacy organisation. for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel

77

Annex 5) Sample: Works Agreement for the establishment of the transition date

The following WORKS Agreement regarding transition to the NEW salary system shall be concluded be-

tween the

company ......................................................................................................

(hereinafter referred to as employer)

and

the joint Works Council / the Employees' Council*

(hereinafter referred to as Works Council):

Transition to the NEW salary system established in the Collective Bargaining Agreement for White-collar Work-

ers and Apprentices in Commercial Companies shall be on …………………… subject to application of the transi-

tional provisions pursuant to CHAPTER 3) C. of the Collective Bargaining Agreement for White-collar Workers

and Apprentices in Commercial Companies.

All white-collar workers shall be classified according to the NEW salary system with the assistance of the Works

Council. Notably, the information provided to the white-collar workers regarding the operational handling of

the transitional provisions and the "NEW" salary system shall be coordinated.

4 weeks prior to the transition date, at the latest, all employees shall receive a NEW Notice of Employment

Information (Dienstzettel) pursuant to CHAPTER 3) C. 2., indicating the new employment group classification,

the new minimum salary as established by the collective bargaining agreement as well as additional pay com-

ponents, where applicable. The white-collar worker's new total pay shall be at least equal to the current total

pay.

Until the agreed transition date, the old salary scheme pursuant to CHAPTER 3) B. of the collective bargain-

ing agreement shall apply to all new white-collar workers.

This Works Agreement shall be made available for perusal in the social rooms/outlets/in the intranet*.

………………………………………., on…………………………………. City/Town Date

Employer Employees' Council

*) Optional versions can be applied or formulated as required.

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Annex 6) Sample: note to the employee relating to the transition date

Employer ……………………… …………………………………………..

Date……………. Note regarding the transition date to the NEW pay system Dear Ms…………………, Our company (together with our Works Council) has scheduled transition from the OLD sal-ary scheme to the NEW salary system established in the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies for …………………*) pur-suant to CHAPTER 3) C.1.1. 4 weeks prior to the transition date, at the latest, you shall receive a NEW Notice of Em-ployment Information (Dienstzettel) pursuant to CHAPTER 3) 2., your new employment group classification, your new minimum salary as established by the collective bargaining agreement as well as additional pay components, where applicable. The new total pay shall be at least equal to the current total pay. ………………………………………….. Employer *) Note: Notification shall be at least 3 months prior to transition For questions regarding the transition, Notice of Employment Information (Dienstzettel) or allocation, please con-tact your professional advocacy organisation for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel

79

Annex 7) Sample: Notice of Employment Information (Dienstzettel) OLD salary scheme

NOTICE OF EMPLOYMENT INFORMATION (Dienstzettel) (* Delete as applicable)

I. a) Employer: .................................................. b) Employee: Mr/Mrs* …............................... address……...................................................... II. Beginning of employment under the contract for services ……............................... III. Employment under the contract for services shall be concluded for an indefinite period*/until .................. *. The first month of employment under this contract for services shall be a probationary month within the meaning of sec. 19 (2) White-Collar Workers Act (AngG) during which this contract for services can be terminated by either contractual party. * Severance Fund (incl. address): ........................................................................... ............................................................................................................................. ......... IV. The provisions for termination shall be subject to the legal regulations respectively applicable and the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies. During the first five years of the employment, the contract for services can be terminated on the 15th or the last day of every calendar month. * V. The contract for services shall be subject to the provisions of the Collective Bargaining Agreement for Austrian Commercial White-Collar Workers and the works agreements applicable to the specific company. * These are available for perusal at .................................(place). VI. Pursuant to the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies, you will be assigned to the OLD salary scheme, salary schedule .................................., pay area .........., employment group ..................., in the ................... year of service. It is established that you shall enter into a new year of service on ....................... of every year. VII. Your employment as ............................................. includes the following duties in particular: ............................................................................................................................ You shall comply with all company-level operational and safety regulations and shall perform all work related to your intended use as directed. You may also be assigned to other activities temporarily. VIII. Your ordinary place of work is: ............................................................................................................................. .........The job requires regular field service in the area of .....................................................................* IX. Pursuant to chapter 2) of the Collective Bargaining Agreement, the normal weekly working time shall be 38.5 hours. In the event of part-time employment: the agreed normal weekly working time shall be ..................................... hours. * The agreement regarding the distribution of normal weekly working hours across the individual days of the week shall be subject to the provisions of chapter 2) of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies. The employer shall be authorised to require extra hours and overtime, subject to legal provisions and the provisions of the Collective Bargaining Agreement. Additional services shall be compensated in accordance with the provisions of the Collective Bargaining Agreement. X. Your monthly basic salary shall amount to EUR ............................ In addition, the white-collar worker shall be entitled to the following pay components: *

80

...................................................................................................................................... The provisions of the Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies shall apply to special payments. The monthly salaries shall be paid at the end of the month pursuant to sec. 15 White-Collar Workers Act (AngG). The payment of current salaries to a salary account shall be considered agreed. * XI. The following agreements apply for travel cost and expense allowances: a) the provisions of the Collective Bargaining Agreement* b) ...............................................................................* XII. Your holiday entitlement shall be determined by the provisions of the Paid Annual Leave Act. For the extent of leave, ..................................... are taken into account pursuant to sec. 3 Paid Annual Leave Act (UrlG). XIII. Any future amendment to the rights and obligations noted herein that are not based directly on the law, the Collective Bargaining Agreement or the works agreement must be made in writing. ……………………………......., (date) ...................................... (Town)

If there are any questions related to Notice of Employment Information (Dienstzettel) or classification, please con-tact your professional advocacy organisation for companies: for employees:

Austrian Federal Economic Chamber Please contact

your province's Economic Chamber Organisation directly For contact information, please consult

www.wko.at

Union of Salaried Private Sector Employees, Graphical Workers and Journalists

Service hotline: 050301-21000 E-mail: handel@gpa-djp.at www.gpa-djp.at/handel