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Published on: June 5, 2016

In particular the workers financed with an existing employer-funded pensions should be coordinated. If the claim for VL in a collective agreement is regulated, this can be changed only by a tariff provision.Collectively agreed wage elements – such as collectively planned Christmas or holiday money – can therefore only be converted to AVL if it is intended or allowed by the collective bargaining agreement. Sol line be created individual scheme, the collective agreement must through an opening clause basically allow the conversion of VL in AVL. Individual agreements to grant the VL, can be changed only with the consent of the respective employee or replaced. Basis of payment is (contract of employment or an operational exercise granted performance will then also part of the individual employment contracts) must be voted basically with every single worker, that in the future no longer paid VL and instead the amount should be used for an employer-financed AVL. The change from VL to AVL can be done but also by operational practice changing from. Basically, that in case of monthly VL granted not later than one year after the change, was objected to the new practice is prerequisite. If the employee performance in place of the VL without contradiction assume AVL is to assume that they agree to the change of the operational practice.

The liability of an operational exercise can also to newly entering workers contractual agreement. To the existing operational exercise is amended by a subsequent agreement, is sure that the new regulation is overall less favourable collective approach. Is the payment already governed by VL by an operating agreement, these can be replaced by a so-called amending AB operating agreement in favor of AVL. The cancellation of the old and the agreement of a new operating agreement is conceivable. To payments of the employer in the future instead of VL in AVL flow, the operating agreement must contain some provisions.

You can orient yourself on the relevant provisions in collective agreements changing from. These are defined as the height of the AVL and whose conditions, the plant species and the procedure and transitional arrangements for the existing treaties, VL. In all above-mentioned cases the AVL, providing the employer should be the same, like the previously rendered VL. the employer wants to use the change his Services to reduce are higher labour requirements to keep in mind. Conclusion of AVL are interesting due to the reductions in social security contributions for both employees and employers. The possibility of successive taxation makes manageable in addition the net savings investment for the workers. The VL have gained recent increases of Arbeitnehmersparzulage by the somewhat attractive. This advantage was lost by the introduction of the flat tax, which more or less meets all VL system forms, however. For the individual employee it might however – depending on sense of the personal relationships – both VN and AVL to invest. For the employer, the arguments for a conversion of the subsidised form of saving predominate in the company, especially as he meets also the legal right of employees on deferred compensation as a result. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 8 Fax 089-54 89 92 53 E-mail:

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