Improvements for 12A - freelancers at rbb!
The trade unions and rbb agreed on a new 12a collective agreement on 23 October 2018. It regulates, among other things, entitlements to holiday pay, sickness allowance, children's sickness allowance, maternity allowance allowance and compensation in the event of non-compliance with notice periods. It is to come into force on 1 January 2019 and must still be confirmed by the committees.
- In future, the rbb will pay the subsidy in the event of illness from the 1st day of illness
- Time-outs, e.g. due to illness, care or family, no longer lead so quickly to the loss of property rights for freelancers.
- The notice periods for terminations and restrictions will be significantly extended - in the case of long-term employment even from the previous 12 months to a maximum of 36 months.
- In addition, the collective agreement better reflects newer legal provisions (e.g. maternity protection, care leave) and ensures that existing rights are implemented more fairly (e.g. crediting holidays to third parties, educational leave, additional leave for severely disabled persons).
In spite of this, freelancers still remain employees of rbb in 2nd class:
While permanent employees* receive a family allowance of 140 euros for each child, only 67 euros - less than half - are provided for children of freelancers. In addition, the regulation is initially limited to one year. Initially, rbb did not want to grant more.
The sickness allowance also falls far short of the regulations for permanent employees (100 percent of the net remuneration for a maximum of one year); it remains capped at 80 percent or EUR 147.40 per day - depending on whether they belong to the rbb for a maximum of 6 weeks, three months or 6 months.
Although there are longer notice periods for the 1000 or so employee-like persons without protection, the rbb has rejected the extension of protection to "Programmgestaltende" with social security until retirement.