Bernd Merz Dipl.-Ing. (Univ.) BG BAU Berufsgenossenschaft der Bauwirtschaft Institution for statutory accident insurance and prevention - Building and construction industry Hauptverwaltung Berlin Hildegardstraße 29/ Berlin - Germany

BM February 2016 Seite 2 The first Reich, known as the Holy Roman Empire of the German Nation, existed from 962 to 1806 until Franz II surrendered the imperial crown.Holy Roman EmpireFranz II After the end of the Napoleonic wars in 1815 the German Confederation replaced the old Reich.Napoleonic wars German Confederation In 1871, the German Empire was founded again, at the end of the Franco-Prussian War. Formerly Chancellor of Prussia, Otto von Bismarck, now Chancellor of the new German Empire, introduced highly progressive welfare legislation by the standards of Europe at the time.German EmpireFranco-Prussian WarPrussiaOtto von BismarckwelfarelegislationEurope

BM February 2016 Seite 3 Revolutionary propaganda centers

BM February 2016 Seite 4 Social Insurance

BM February 2016 Seite : "Imperial Message" 1883: Workers Health Insurance Law 1884: Workers Accident Insurance Law 1889: Workers Retirement Pension Law 1924: Employees Insurance Law (revision 1924) 1927: Unemployment Insurance Law 1957: Revison of Retirement Pension Law 1983: Social Insurance for Artists 1995: Long-Term Care Insurance 1997: Book VII of the German Social Code (1997) Social Insurance

BM February 2016 Seite 6 Social Insurance

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BM February 2016 Seite 8 Basic Principles The principle of compulsory insurance ≈ 90% of population The principle of financing through contributions The social insurance schemes are primarily financed through contributions paid by employees and employers. Contribution rates are established either by the self-governing funds or through legislation. Contribution rates are based on the wage or salary of the employee. The principle of solidarity The principle of self-government The principle of free movement Social Insurance

BM February 2016 Seite 9 The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitutional law of the Federal Republic of Germany (8 May 1949).constitutional lawFederal Republic of Germany Article 20 [Constitutional principles – Right of resistance] (1) The Federal Republic of Germany is a democratic and social federal state. Article 23 [European Union – Protection of basic rights – Principle of subsidiarity] Basic Law

BM February 2016 Seite 10 The Statutory occupational accident insurance is an arm of the social insurance system. As a mandatory insurance scheme, it provides compensation for accidents and illnesses suffered by insured employees in the course of their paid (insured) work activities. The legal basis is provided by Book VII of the Social Code (SGB VII). Book VII of the Social Code (VII)

BM February 2016 Seite 11 The aim of statutory occupational accident insurance Statutory accident insurance is designed to use all available resources to: Prevent occupational accidents (occupational accidents and work-related illnesses) and health hazards in the workplace. Restore an (insured) employee's health and performance following an occupational accident or work-related illness. Compensate the insured employee or their surviving dependants monetarily. Book VII of the Social Code (VII)

BM February 2016 Seite 12 Statutory occupational accident insurance covers employees and apprentices (trainees). It also covers the following groups of individuals: People who work in the public interest, e.g. aid workers, emergency rescue teams, blood donors, court witnesses, magistrates. Children cared for in childcare centres or by suitable childminders, school children and students in schools, colleges and universities, and people in vocational education and further training. People who are self-employed and work on a family farm or who work as paid employees in agriculture. People who provide long-term care. Unemployed persons who visit the employment agency either at the agency's instruction or the request of another agency. Certain voluntary workers (e.g. disaster relief workers). People undergoing rehabilitation treatment (e.g. during a stay in hospital). Business owners may become insured voluntarily if (as in some sectors) they are not already required to pay mandatory insurance contributions by law or company articles of association. Book VII of the Social Code (VII)

BM February 2016 Seite 13 Statutory occupational accident insurance providers: Statutory occupational accident insurance is provided by private-sector employers' liability insurance and agricultural accident insurance funds (Berufsgenossenschaften), and by public-sector accident insurance associations (e.g. accident insurance funds, Land (state) accident insurance funds, municipal accident insurance funds). Book VII of the Social Code (VII)

BM February 2016 Seite 14 Book VII of the Social Code (VII) Funding In the commercial sector, funding comes from contributions paid by employers, meaning that insurance coverage for employees is free. The amount of the employer's contributions depends on the sum total of employees' annual pay and the employer's respective hazard level. In the agricultural sector, separate contribution rates apply which are largely based on the land area farmed and the yield achieved. Public-sector occupational accident insurance providers generally fund their outgoings from their budgets (tax revenue).

BM February 2016 Seite 15 Book VII of the Social Code (VII)

BM February 2016 Seite 16 Book VII of the Social Code (VII)

BM February 2016 Seite 17 Book VII of the Social Code (VII)

BM February 2016 Seite 18 Book VII of the Social Code (VII)

BM February 2016 Seite 19 Book VII of the Social Code (VII)

BM February 2016 Seite 20 Book VII of the Social Code (VII)

BM February 2016 Seite 21 Statutory Accident Insurance

BM February 2016 Seite 22 Collective agreement

BM February 2016 Seite 23 A collective agreement or collective bargaining agreement (CBA) is a special type of commercial agreement, usually as one negotiated "collectively" between management (on behalf of the company) and trades unions (on behalf of employees). The collective agreement regulates the terms and conditions of employees in their workplace, their duties and the duties of the employer. It is usually the result of a process of collective bargaining between an employer (or a number of employers) and a trade union representing workers. Collective agreement

BM February 2016 Seite 24 SOKA-BAU

BM February 2016 Seite 25 SOKA-BAU has been entrusted with the responsibility to implement the leave fund scheme on the basis of the AEntG and collective agreements, BRTV and VTV. SOKA-BAU carries a personal account of a person accumulated leave entitlements in Germany for him. At the beginning of the first posting Soka-BAU informs the individual about his personal worker’s number for this account. This ID remains valid even if a person resume construction work in Germany later on or if the person change his employer. It is mandatory for the employer to pay the monthly leave fund contributions to SOKA-BAU in order to secure leave entitlements. SOKA-BAU

BM February 2016 Seite 26 The calculation of the leave remuneration is based on the gross wage. The gross wage usually results from the employment contract in connection with statutory regulations or collective agreements of the country the worker is posted from. Under no circumstances is the worker supposed to receive a wage for the employment period on German construction sites which is less than the German minimum gross wage of the building industry. The minimum wage is based on the Collective Agreement on Minimum Wage (Tarifvertrag Mindestlohn). SOKA-BAU

BM February 2016 Seite 27 The number of leave days a person can claim depends on the number of employment days in Germany. As employment days are considered all calendar days (including Saturdays, Sundays and public holidays) during which employment relationships with construction companies exist. Whole months are counted with 30 employment days. People are entitled to one leave day after each 12 employment days. Thus people are entitled to 30 leave days (working days) per leave (= calendar) year. Saturdays, Sundays and public holidays are not working days. SOKA-BAU

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BM February 2016 Seite 29 In 1992 the National Construction Confederation (CNC), the National Federation of Building and Wood Workers Union, (FECOMA- CC.OO) and the National Federation of Metal and Construction Workers Union, (MCA-UGT), composed a Board to create and manage jointly this non-profit entity which is the Foundation. The Fundación Laboral de la Construcción (Labour Foundation for Construction) works to provide businesses and workers the necessary resources to promote a more professional qualified and educated construction sector.

BM February 2016 Seite 30 The FLC gets its financial support from the sector through a compulsory fee, established in the General Agreement, which is paid by every and each construction company as well as public funding for giving training courses both to workers and unemployed people from construction sector. FLC Aims: Promotion of vocational training; Promotion of research and development of measures to improve health and safety in the building site; Promotion of measures to improve the labor market and create and facilitate a professional accreditation card (TPC).

BM February 2016 Seite 31 The FLC gives training to more than people a year through is 42 training centers, offering more than 400 different training courses in collaboration with more than 1,700 teachers in Spain. Its training is specialized in construction activities, and is eminently practical and of high quality, whose main aims are to retrain and specialize workers and to contribute to their employment and professional development.

BM February 2016 Seite 32 They are about 250 staff workers and trainers distributed all over Spain, who give courses in 42 own training centres (17 headquarters one for each Spanish region) which are approved by the Spanish government to provide training in construction activities. Therefore, and in order to facilitate widespread access to training, they use distance, blended and on-line courses.

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BM February 2016 Seite 37 Collective bargaining takes place at national, industry and company level and at each level there are detailed rules about who can negotiate and the requirements for an agreement to be valid. Industry level agreements are the most important level for negotiation in terms of numbers covered, although the rates they set are generally well below what is actually paid.

BM February 2016 Seite 38 Industry-level agreements dominate in Austria, and as the employers are normally represented by the chambers of commerce, to which all employers are obliged to belong, the agreements cover almost all employees.

BM February 2016 Seite 39 Collective bargaining in Croatia currently takes place at industry and company/organisation level, with company bargaining growing in importance. New legislation, determining which unions are entitled to negotiate, was passed in 2012.

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