What is clock grouping
Which salary group is the right one?
The employer determines the pay group in the employment contract. However, this determination is only the employer's assessment; it does not necessarily have to be applicable and it does not prevent you from claiming another pay group for yourself (we say "declaratory"). Because in Germany the principle of automatic tariff applies. This means that you always have the right to be paid in accordance with your actual area of responsibility in connection with your qualifications.
Example: Mr. Müller is employed as a trained librarian by the state of Lower Saxony. His employment contract provides for salary group 4 of the TV-L. Since Mr. Müller has completed vocational training, he is to be classified at least in salary group 5 (so-called qualification cornerstone). Despite the stipulation in his employment contract, Mr. Müller has a right to the higher pay. He can assert this with his employer.
The correct allocation to a pay group is complicated and often leaves room for judgment for both sides. In the majority of cases there is a set of rules that describes the pay groups in more detail. For the collective agreement of the federal states (TV-L), for example, this is the fee schedule for TV-L. On the one hand, this contains general definitions of the individual pay groups, but also special regulations for special occupational groups such as employees in research, employees in information technology and much more. What does that mean in concrete terms? For salary group 6 of the TV-L in the general administrative service, the definition is roughly: "Employees in the office, accounting, other back office and in the field, whose work requires thorough and varied specialist knowledge." It is explained: “The thorough and varied specialist knowledge does not need to relate to the entire area of administration / the company in which the employee works. However, the employee's range of tasks must be designed in such a way that they can only be processed properly if they have thorough and varied specialist knowledge. " In contrast, it says for salary group 13 of the TV-L: "Employees with a completed scientific university education and corresponding activity as well as other employees who carry out corresponding activities based on equivalent skills and experience." As you can see, the cornerstones of the classification consist on the one hand of qualification features such as completed vocational training, a completed university degree, etc. and on the other hand of the degree of difficulty of the specific activity.
Where can you get the fee schedule that is valid for you? Either with your employer, with the staff council or with a specialist lawyer for labor law.
By the way: The staff council has a right of co-determination in all personnel matters relating to grouping (when hiring) and regrouping (when transferring or relocating) to.
How does a classification complaint work?
If an employee is of the opinion that the categorization is too low, the first path usually leads to the employer (ideally at this stage with legal support in the background, as assessing a categorization is complicated). However, this path does not always lead to success. A grouping action is a lawsuit before the labor court with which the employee asserts a higher pay grade. The general principle before German courts applies here: Anyone who wants something bears the burden of proof. It is up to the employee to prove that the other - higher - pay group is the right one. As shown, the categorization is based on which activities the employee carries out according to the instructions of the employer. So first of all, the worker has to do the work his daily work in such a way that it can be compared with the definitions of the collective agreement. If the collective bargaining job characteristics build on each other, the action is only conclusive if facts are presented first for the initial case group and then for the qualifying job characteristics. The representation of the work process must be based on the required work result, ie "from the back to the front", since the Federal Labor Court is of the opinion that the determination of the work process depends largely on the result. Work processes are work performances (including related work) which, in relation to the employee's group of tasks, lead to a work result that can be delimited from a natural point of view. In a nutshell: A work process is the smallest part of work that can still be sensibly delimited. After the work processes have been presented as precisely as possible, they must be compared with the activity characteristic used (e.g. "extensive (knowledge)", "particular difficulty", "at least 1/3 of the activities"). It should be noted that the labor courts place high demands on the presentation of the workers.
It is essential to pay attention to the preclusive periods that can be found in almost every collective agreement. Although there is an automatic tariff in Germany, as shown, this should not hide the fact that the payment claims associated with a higher grouping can both expire and expire. The latter is a term from labor law that denotes that Claims against the employer must be asserted within a period of limitation that is significantly shorter than the 3-year limitation periodif the collective agreement regulates this. The exclusion period of the TVöD and TV-L is six months (§ 37 each).
You can find more on the subject of limitation periods here.
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