Germany: New agreement on teleworking at Deutsche Bahn

A new accord regulating teleworking for employees of the German rail group Deutsche Bahn and its subsidiaries was signed on 23 May. The agreement sets out the basic principles governing teleworking arrangements under which an employee's time is shared between the home and company workstations. The details of the arrangements in terms of issues such as the organisation of working time are to be agreed on an individual basis. We examine the accord and provide an overview of Deutsche Bahn, based on an exclusive interview with EIRR.

Background

The German rail group Deutsche Bahn is a diverse organisation which has in recent years undergone, and is still in the midst of, a significant amount of change. In 1994, the organisation was transformed from a state-owned company into a joint stock company (Aktiengesellschaft, AG), with the state owning the majority of shares. This was seen as a first step towards full privatisation.

Consequently, the make-up of the workforce at Deutsche Bahn is complicated. The group retains a large number of employees with civil servant status (Beamte) who were transferred over to Deutsche Bahn AG in 1994. Raimund Reinhart, head of the collective bargaining unit of the rail union Transnet, which represents employees, told EIRR that the terms and conditions of these staff are redcircled. This does produce some anomalies, mainly in areas such as protection against dismissal, but not necessarily in the area of pay. However, their number will gradually diminish in time, as no more employees with civil servant status are being recruited.

Furthermore, a significant proportion of the group's workforce is made up of blue- and white-collar workers who were transferred over into Deutsche Bahn AG in 1994. These employees retain their former terms and conditions, which differ in some respects from those covering employees recruited since 1994.

A range of collective agreements currently cover the group's workforce. Mr Reinhart estimates that there are currently some 485 collective agreements in force throughout the group. Given the complexities of the group's workforce, both Deutsche Bahn management and the train unions representing workers in the group are keen to negotiate collective agreements on a range of issues which cover the whole group rather than parts of the group. From the company's point of view, fewer agreements will make life simpler, while, from the union's point of view, a comprehensive framework agreement will ensure that terms and conditions of employment do not deteriorate in the face of increasing competition and ongoing restructuring.

Work is therefore progressing on a framework agreement which can be fleshed out by lower-level accords. The parties hope that the new agreement will be completed by the end of this year, in time for the next pay round in 2003.

The teleworking agreement

One of the projects the negotiating parties had set themselves over the past months has been the negotiation of a new group-wide agreement on teleworking. After more than 18 months of negotiations, the new agreement was formally signed on 23 May. The accord, the start date of which is backdated to 1 May 2002, was concluded between the railway workers' union Transnet, the GDBA rail employees' union and management of Deutsche Bahn AG. It follows on from a pilot accord which ran from 1 February 1999 to 31 December 2000 in eight regions.

The pilot accord was monitored, and one of the problems to emerge was that employers, particularly at a local level, found difficulty in dealing with a form of working which was suddenly very independent and not under direct employer control. Thus, the negotiations for this new agreement concentrated on employer concerns about how to deal with this relatively modern way of organising working time.

General provisions

The parties to the accord state that the aim of the agreement is to introduce a new element of flexibility into the organisation of working time which is in the interests of both the company and its employees. In particular, it is hoped that the accord will improve the quality of work and of productivity, lead to higher levels of job satisfaction due to the fact that employees will be able to take more responsibility for their working arrangements, improve customer service and competitiveness, lead to a better reconciliation of work and family life, help integrate the more vulnerable workers and make a contribution towards job security.

The agreement is a group accord (Konzerntarifvertrag). It covers all employees of these companies who are covered by framework collective agreements currently in place, who are members of one of the signatory trade unions and who perform telework as defined in this agreement.

Basic principles

The agreement covers what it terms "alternating teleworking", defined as alternating periods of work carried out on company premises and at home. Employees wishing to telework must make an application in writing, which must be considered by the employer within eight weeks. Although the agreement does not give employees a right to telework, a refusal to allow teleworking must be justified by the employer in writing.

Arrangements concerning how working time is split between company premises and the home must be contained in an annex to the employee's contract of employment. This annex will contain all important details of how the teleworking arrangements will work in practice. In this way, practice can be tailored to individual needs.

Once teleworking arrangements are in place, these must not be to the detriment of the company and the employee must maintain social contact with the company.

Employees who telework must suffer no professional disadvantages in comparison with other workers and their rights under the works constitution Act (Betriebsverfassungsgesetz), covering workplace representation arrangements, remain unchanged.

Workstations

The home workstation must be in the home of the employee and have the necessary equipment to enable the employee to carry out their work. The suitability of the home workstation may be checked by the employer or their representative. The works council may also accompany the employer on their inspection.

The employer must provide the employee with a suitable workstation for the time when they are working on the company premises. However, the teleworking employee does not have the right to a permanent personal desk on company premises.

Working time

Existing legal and agreed provisions governing working time for Deutsche Bahn employees will continue to apply for teleworking employees. How working time is to be divided between home and company premises is to be set out in writing. If extra time needs to be spent on company premises, this should be compensated for by extra time at home within a reasonable time frame.

In general, working time arrangements are to be agreed on an individual basis, with any changes to be agreed between the employer and the employee as necessary. If no agreement is possible, the employer may decide on the arrangements, although the works council has a right to be involved in the discussions. However, the organisation of any working time in addition to agreed working time may be decided upon by the employee. In all events, commuting time between the home and the company is not counted as working time.

Overtime may only be worked with the prior agreement of the employer.

Recording working time

Working time spent on company premises is to be recorded in the normal way. Working time spent at home should be recorded by the employee and the record sent to the employers on a monthly basis. The works constitution Act gives the works council the right to be informed of these working time arrangements and, in certain cases, to see the documents in question.

Tools of work

The tools which the employee needs in order to be able to carry out their work at home will be provided by the employer free of charge while the employee is engaged in teleworking. These tools, which include personal computers, printers and modems, must not be used for private purposes. However, if the employer has paid for the setting up and running of an internet connection at the employee's home, this may be used for private purposes by the employee at their own cost.

Access to the home workstation

The employee must allow the employer or their representative access to the home workstation for the purposes of data protection. Similarly, health and safety inspectors and works council representatives also have a right to access to the home workstation. All access arrangements must be agreed in advance with the employee and take place within normal working time. Before the teleworking arrangements are finalised, the employee must show that any other persons living in their home do not object to these rights of access.

Data protection

The accord states that both the employer and the employee are subject to current data protection legislation (Bundesdatenschutzgesetz) in addition to group-level and workplace-level agreements on data protection.

Accidents

Existing statutory accident insurance arrangements remain in place in the case of the home workstation. Employee liability in the case of damage to equipment is accordance with existing agreed and legislative provisions. This also applies in the case of damage caused by another member of the employee's household or a person on a formal visit to the household.

Termination of teleworking arrangements

Teleworking arrangements can be terminated either by the employer or the employee - in the former case, reasons must be given. Notice of termination is to be given in writing two months in advance, to the end of the calendar month, unless normal notice periods contained in relevant collective agreements are shorter. If this is the case, notice in accordance with normal agreed notice periods may be given.

If the employee moves house, the notice period for terminating the arrangements may be shorter. Furthermore, if there is an important reason, the arrangements can be terminated without notice. The agreement lists some examples of what could be termed an important reason, including: