Holiday / Time off instead of overtime pay” respectively
On 01 January 2022, Section 6a TV-TU Darmstadt collective agreement will enter into force.
Employees and staff will then be entitled to convert parts of their collectively agreed annual bonus payment (Section 20 TV-TU Darmstadt collective agreement) into two working days off with continued payment (TOIL).
This request needs to be made in writing. If you like, you can use the request form (opens in new tab) provided (reading version of the request form in English (opens in new tab)).
*§ 6a TV-TU Darmstadt – time off instead of overtime pay (TOIL)
(1) 1Employees and staff who are entitled to an annual bonus payment in accordance with Section 20 and whose employment status has already been established in January of the current calendar year can, up until 30 September, request in writing that they will make use of two working days off with continued payment (TOIL) instead of the annual bonus payment to which they are entitled in accordance with Section 20(2). Taking less than two days off is not an option. 2For employees and staff who have made use of time off instead of overtime pay (also called time off in lieu (TOIL)) in accordance with sentence 1, the percentage of the assessment rate of the annual bonus payment will be as follows, deviating from Section 20(2):
| Reduced percentages of the assessment rate of the annual bonus payment for two working days off based on the average number of workings days per week | ||||||
|
Number of working days (WD) per Week |
5 WD | 6 WD | 4 WD | 3 WD | 2 WD | 1 WD |
| Pay group 1 to 4 | 71.39 % | 73.10 % | 68.83 % | 64.56 % | 56.02 % | 30.39 % |
| Pay group 5 to 8 | 72.15 % | 73.86 % | 69.59 % | 65.31 % | 56.76 % | 31.11 % |
| Pay group 9a to 16 | 44.93 % | 46.60 % | 42.42 % | 38.24 % | 29.87 % | 4.77 % |
| 3The deadline for assigning the respective assessment rate is 1 September of the previous year. | ||||||
(2) 1Time off instead of overtime pay must be granted and taken by the day either in December of the current calendar year or within the first eleven months of the following calendar year. 2When determining time off instead of overtime pay, the preferences of the employees and staff play a decisive role, unless there are contrary urgent operational/function-related needs. 3When opting for time off instead of overtime pay, remuneration based on the remuneration table and all other monthly remunerations will continue to be paid.
(3) 1Time off instead of overtime pay expires if it is not taken within the time period stated in paragraph 2. 2Financial compensation for time off instead of overtime pay is excluded. 3However, it may not always be possible to opt for time off instead of overtime pay within the time period stated in Paragraph 2 sentence 1 due to illness, paternal leave, enforcement of urgent operational/function-related needs by the employer or due to reasons in accordance with Section 29(1) sentence 1 with the exception of the letters c and d for which employees and staff are entitled to taking paid leave of absence. In these cases, employees and staff are entitled to receiving financial compensation for the expired days of leave of absence based on the reduced annual bonus payment stated in Paragraph 1 sentence 2.
(4) 1This regulation will expire at the end of 31 December 2024 and will not survive as a transitional rule. 2This request can be made up until 30 September 2023.“
Status: January 2022 (update March 2023)