Plant agreement between the management
of IBM Deutschland GmbH and the entire works committee of IBM Deutschland
GmbH concerning off-company working places
1. General aspects
1.1. Subject
Subject of this agreement are the conditions of framework and reimbursement for off- company working places in the employee's home.
An off-company working place is mainly characterized by the fact of whole or part-time performing one's individual regular working time at home.
1.3. Area of validity
This agreement is meant for all employees of IBM Deutschland GmbH, who are living in a home in Germany and can be defined as employees within the area of validity of the company's constitutional law.
1.4. Existing company's regulations
Existing company's regulations are in valid unchanged
or analogously for employees at an off- company working place, if this
plant agreement including its enclosures doesn't explicitly formulate a
differing regulation.
2. Preconditions for participation
The participation at the establishment of off-company working places is voluntary and is subjected to the following preconditions:
2.1. Suitable working task
In case of a possible fulfilling of tasks without restriction of the internal company's course and of the contact with the office, or for social reasons, an off-company working place can be established for employees who intend to participate, according to already mentioned principles.
2.2. Individual measures
The establishment of an off-company working place in the employee's home takes place according to the following written agreement between company and employee, carrying out the legal rights of participation of the works committee.
2.3. Written agreement
The establishment of an off-company working place in his/her home is agreed with the employee by a written document. The written agreement refers to the regulations of this plant agreement, the company's rules which remain furthermore in valid, and the relevant legal requirements.
The employee's status remains unchanged by the agreement
concerning the off-company working place.
3. Working time and working place
The possibility of the employees' choice in making
a decision concerning an (additional) off- company working place requires
concrete definitions and a division and distribution of working time and
the involved refundation.
The responsibility of the
local works committee concerning the distribution of working time remains
unchanged.
3.1. Extent of working time
The working time which has to be performed is identical with the individual regular working time agreed by contract.
3.2 Division of working time
between the working places
The working time might be divided onto the office
as well as onto the off-company working place. This division of working
time is already laid down in the written agreement and can in case of an
agreement of both parties (superior and employee) be modified - as an exception
- for one month maximum without a new arrangement.
3.3. Distribution of off-company working time
The distribution of the scheduled off-company working time onto the several weekdays can be controlled by the enterprise as just as by the employee him-/herself.
3.3.1. Distribution defined by company
A company defined distribution is characterized by determination of the superior or availability of necessary materials for work, put at disposal by the company, according to the required working days and their position. In this respect the internal company regulations concerning working times are in valid.
3.3.2. Self-controlled distribution
A self-controlled distribution of off-company working times exists in case of the employee's possibility to decide and realise the distribution on the several weekdays.
3.4. Overtime work
Because of the possibility of a self-controlled position and distribution of working time overtime work (not depending on the work location) must be ordered by the superior in advance corresponding the company's regulations to be accepted. A later authorization is not allowed though a self-controlled distribution of working time exists.
3.5. Travelling times
Travelling times between office and off-company working place are regarded as not caused by company and thus, are not taken into account.
3.6. Holidays and illness
Concerning holidays and illness, for off-company working places the same regulations as within the office are in valid.
3.7.Refundations for variable performances dependent on a particular time
The employee's possibility of self-determination concerning position and distribution of working times requires the following distinction.
3.7.1. Overtime work and extra charges
Overtime working is reimbursed according to the company's regulations. In case of three or more hours of overtime at one day the extra charge only amounts to 50%, if the performed individual regular working time at this day was company defined.
3.7.2. Further refundations for variable performances dependent on a particular time
Further refundations for variable performances dependent
on a particular time just are reimbursed according to the existing company's
regulations, if the named times have been ordered by company.
4. Registration of working times
Though the existing systems of registration are not
able to manage this, all relevant times are documented in a working diary
by the employee him-/herself, which is shown to the superior each end of
the month. An issue of registration cards to these employees can be abstained.
A separate form of the salary statement informs at the end of the month
about relevant results for the working process and variable refundations
depending on a particular time.
5. Materials for work
The required materials for the off-company working
place are put at disposal for free by the company for the period of their
existence.
An extraordinary importance becomes the off-company employee's contact with the office and his/her superior. Thus, this demands for additional measures in order to create suitable and social contacts of colleagues within a department, to their superiors, to the company and to the employees' representatives.
6.1. Department meetings
Employees at off-company working places have the right to apply for department meeting if regarded as necessary for the co-operation, in case of non-termination before, dated on a time of their company defined presence in the office.
6.2. Internal company media
In exceptional case, employees are allowed to decide, whether they request internal company media for their company or the off-company working place.
6.3. Personnel programs
Personnel programs will remain unchanged by off-company
working places.
7. Reimbursement
The following conditioned to off-company working places expenses are possibly by proof refunded.
A monthly taxable flat rate in amount of DM 40.- is paid for energy costs, cleaning etc. If an employee requires higher monthly expenses, this is refunded if proven.
7.2. Telephone costs
The arising costs for entire business calls at the off-company working place are refunded if proven. In case of the suitability of a separate line, the one-off as well as the running costs are refunded by the company. At the request of the company it must be proved that the line was used exclusively for professional affairs.
Travelling costs between company and off-company working place are generally not refunded. In case of the employee's proof of arising company caused additional costs, such additional costs are refunded according to the company's regulations.
7.4. Meal subsidy
It results no demand for meal subsidy because of
the off-company working place at home, though neither additional expenses
nor savings can be considered.
8. Termination of the off-company working place
In case of termination of the off-company working
place according to the made agreement, the disposed material for work has
to be returned. A balancing of possible (dis-)advantages, however, is not
paid.
1. Base of agreement
This agreement is based on the plant agreement concerning
off-company working places. [...] the company regulations remain unchanged
or analogously in valid, if no differing regulation is formulated in the
plant agreement or the arrangement on hand. Differing legal requirements
are in valid corresponding with article 13 of the German Constitution.
Access to the off- company working place by the employer or employees'
representatives requires the employee's agreement.
2. Division and distribution of working time
According to the plant agreement the division and distribution of the individual regular working time it is concurred, that the company defined times and weekdays are the following:
(A detailed list follows, mentioning, how many hours per day have to be performed at the company and the off-company working place.)
If breaks are required, the start or end of
working is postponed correspondingly. A remaining discrepancy to the individual
regular working time has to be performed self-determinate at the off-company
working place, there the distribution on the several weekdays can be decided
and realised by the employees autonomously.
3. Illness, holidays and further releases of working
On the basis of this agreement, no alterations due
to report of illness, claims on holiday or non-availability caused by further
reasons are made. In this connection a is 5 days working week assumed.
4. Working diary and variable refundations depending on a particular time
Instead of the traditional registration card the
employee has to keep a working diary that documentates all his performed
working times. Besides it documentates times which result from this agreement,
as well as claims for variable refundations depending on a particular time.
Doing this, one has to list up the sums per type of reimbursement on a
form which is - together with the working diary - to be given to the superior
for signing at the end of the month.
The entire required equipment for the off-company
working place is put at disposal for free and are not permitted for private
use. These materials are recorded in an inventory list by the superior.
If certain gadgets need an supply of electricity, they are just put at
disposal in case of a safety conductor inspection at the provided socket
by a specialised company in advance. If a safety conductor is lacking,
the necessary supply will be installed by the specialised company, except
for tasks of plastering or pressing. In case of too high expenses for that,
the company is allowed to withdraw from this arrangement.
Concerning the installation of the gadgets the hints
of technical safety and ergonomy have to observed. The maintenance of IBM
gadgets is carried out at the company. For this, defective gadgets have
to be taken to the company working place or directly to the external duty.
With the superiors agreement necessary documents can be taken to the off-company
working place.
6. Protection of data and information
Especially the protection of data and information
at off-company working places has to be observed. Confidential data and
information as well as passwords have to be protected in a way that third
parties are not enabled to have a look. In this context, one has to follow
the IBM regulations and working rules.
7. Issues covered by insurance
Accidents at work at the off-company working place
as well as travelling accidents to company caused work in the company are
insured by the trade association. In case of business trips, started from
the off-company working place, in addition a insurance for business trips
exists.
The legal liability to IBM of off-company working employees as just as the family members living in their household or legitimate visitors is limited to intention and culpable negligence. In case of an accident at work employees are protected by the legal accident insurance. If the legitimate visitors are not insured by a personal liability insurance, it is decided individually if compensations can be requested. In the event of a claim, a regulation in co-operation with the works committee is made.
Moreover, IBM Deutschland GmbH takes compensations
of third parties if they are justified and causally connected with the
off-company working place, except for the fact of culpable negligence or
intentional causation by the employee.
The domestic working place can be abandoned from
both parties. The period of notice should cover three months until the
quarter's end. In case of notice to quit or change the flat, the period
of notice might possibly be reduced. The abandonment announcement has to
be given in written form.
After the abandonment the provided equipment and
documents have to be returned immediately. This is confirmed by the superior.
A balancing of possible (dis-)advantages (e.g. due
to travelling times and costs to the office) is generally not paid.
* The term "employees" in this context includes exciplitly and equally female and masculine employees