Chapter 10 – Other agreements between the parties to the CAO-OI

Table of Contents

Article 10.1 Work experience placements

  1. To persons with no or no more than two years of relevant work or research experience who are or threaten to become unemployed, or to persons who are employed but in a position that is unrelated to their education the employer may, if so requested by these persons, offer a work experience placement for a period of no more than one year.
  2. Work experience placements are not regular positions and may not replace regular positions.
  3. Persons in a work experience placement do not receive a salary for their work. However, their expenses may be covered on a declaration basis, if these expenses are related to the work experience placement. Expenses include travel fares to and from the location of the work experience placement.
  4. The agreements reached with regard to the work experience placement, including the duration, number of hours, nature of the work and the expenses that may be reimbursed are laid down in a work experience placement contract.
  5. The CAO and the internal rules pertaining to it do not apply to work experience placements, with the exception of this article, articles 1.6, paragraphs 5 through 8, article 1.6, paragraph 20, article 1.6, paragraph 21, and article 1.9.
  6. If persons are unemployed and have an unemployment benefit or related benefit, permission from the benefits agency is required to qualify for a work experience placement.

Article 10.2 Participation Act in the event of organisational adjustment or reorganisation

In the case of an organisational adjustment or reorganisation, employees from the target groups in the Participation Act will, in all cases, retain a position or duties that are comparable in nature and size. In the case of an organisational adjustment or reorganisation, these employees cannot be made redundant due to discontinuance of their function.

Article 10.3 Function-based contracts

  1. Employer and employee can mutually agree to conclude a function-based contract. A function-based contract lays down results oriented agreements established in relation to the scope of employment as defined by the employer. The employee bears his own responsibility for implementing holidays and working and resting hours in practice.
  2. The function-based contract can only be concluded with employees in or above scale 14 and with employees in the Research Job Family.
  3. When working on a function-based contract, the statutory annual vacation hours must be actually taken up per calendar year, and the non-statutory vacation hours will be considered taken up at the end of the calendar year.
  4. The statutory annual vacations hours cannot be transferred to the following calendar year. Unless the employee due to illness and incapacity for work was not reasonably able to take up these vacation hours, these statutory annual vacation hours will be considered taken up within the first six months of the following calendar year.
  5. Time-based employment conditions, including AVOM, may be rendered inoperative. For researchers in training, it will remain possible to use a part of the non-statutory annual vacations hours for an AVOM purpose.
  6. In case of unforeseen circumstances the employer and employee shall consult about the continuation or otherwise of the function based contract. In case of the function based contract being continued the results oriented agreements will if necessary be reviewed or new agreements will be made.

Article 10.4 Labour market resources

After they have been added to the lump sum of the institutes, the resources for labour market policy for the Research Institutes Sector currently allocated by the Ministry of Education, Culture and Science remain available to the social fund for the knowledge sector SoFoKleS.

Article 10.5 ZAOI and BWOI

In addition to the Collective Labour Agreement, the parties have laid down agreements in the Illness and Disability Scheme for Research Institute Personnel (ZAOI) and the Enhanced Unemployment Provision for Personnel of Research Institutes (BWOI). These schemes apply to employees to whom the CAO-OI also applies. These schemes can be consulted at

Article 10.6 Bereavement leave

In order to adequately meet the needs of employees who lose a loved one, a guideline for bereavement leave is drawn up for employers and employees in addition article 5.8 paragraph 1a of the CAO-OI. The guideline describes the options for bereavement leave within the framework of existing leave provisions in the CAO-OI. The specific situation of the employee concerned is taken into account and the application for this leave is handled leniently in the interest of proper care for the grieving employee with the aim of a safe and healthy return to work. Employees are entitled to at least one week of unpaid bereavement leave following the funeral or cremation of a relative in the first and second degree.

Article 10.7 Schemes at the organisational and employer level

In the local consultation and in the negotiations with the (C)OR, respectively, the existing schemes shall be amended to match the provisions of the CAO-OI, where necessary.

Article 10.8 Transitional ADV scheme

  1. Employees who were employed by a WVOI-employer on 31 December 2003 and to whom old entitlements under the ADV-scheme that applied 1 August 1989 do not lose their entitlements. This applies in particular to employees who were able to convert ADV into fixed salary by increasing the percentage of employment.
  2. On changing scope of the employment of employees to whom a transitional scheme applies, these employees can no longer make use of this transitional scheme, but are bound by the provisions of chapter 5.
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