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.
  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. Time-based employment conditions, including AVOM, may be rendered inoperative.
  5. 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  one week of paid 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 Experimental article from July 1, 2023 to June 30, 2026: Leave for gender transition process

  1. An employee who is or is going through a transition process due to gender incongruity is entitled to a maximum of 12 weeks of transition leave with full pay over a period of 3 years during the labour agreement for the necessary medical and non-medical treatments and any recovery time without having to report being ill. An exception to this is if medical treatment takes place (e.g. surgical intervention) resulting in the employee having work restrictions. This falls under sick leave.
  2. The employee can take the maximum of the transition leave in parts.
  3. At least eight weeks before the start of the transition leave, the employee notifies the employer in writing of taking the transition leave stating the extent of the transition leave, the expected duration of the transition leave, accompanied by a statement from a registered treating physician, the time of commencement and, where applicable, the distribution of the leave hours over the week. If this is not possible, the employee must report taking the transition leave as soon as possible.
  4. A request to take transition leave is in principle granted by the employer.
  5. After two and a half years, parties to the CAO will evaluate the use and application of this experimental article.
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