Kollektív Szerződések Adatbázisa

Annex 1​

Table of contents

Bevezetés

A Kollektív Szerződés megkötésének időpontja: 2020. szeptember 1.

A Kollektív Szerződést megkötő felek:

-       A munkáltató részéről: Békési Kistérségi Óvoda és Bölcsőde igazgatója

-       A közalkalmazottak részéről: a Pedagógusok Szakszervezeti titkára A Kollektív szerződés kihirdetésének időpontja: 2020. szeptember 1.

A Kollektív Szerződés megtalálható:

-       Gazdasági Iroda 5630 Békés, Petőfi utca 4.

Szakszervezeti titkár Hajdu Julianna Ágnes Bóbita Integrált Tagóvoda 5630 Békés, Ótemető utca 2.

-       Tagóvodákban

-       Bölcsődékben

A munka törvénykönyvről szóló 2012. évi I. törvény (Mt), a közalkalmazottak jogállásáról szóló 1992. évi XXXIII. törvény (KJT), valamint a pedagógusok előmeneteli rendszeréről és a közalkalmazottak jogállásáról szóló 1992. évi XXXIII. törvény köznevelési intézményekben történő végrehajtásáról szóló 326/2013. (VIII.31) Korm. rendelet alapján

-       A Békési Kistérségi Óvoda és Bölcsőde, mint munkáltató részéről Béres Istvánné intézményi igazgató továbbiakban (munkáltató) valamint,

-       on behalf of the public employees, the Secretary of the Basic Organization of the Békés Small Regional Kindergarten and Nursery Teachers' Union , Ágnes Julianna Hajdú, as the Trade Union, concludes the following Collective Agreement:

I.     General provisions

1.1. Scope of the Collective Agreement :

1.1.1. Subject      matter : (Mt. § 277 }, Kjt. § 2 (1)- (2)

The Collective Agreement regulates:

The rights and obligations arising from the legal relationship of a public employee, the manner of exercising and fulfilling them, the procedure related to this, and

-   the system of relations between those who conclude the Public Service Contract .

A collective agreement may not be contrary to law . Any provision that conflicts with this prohibition is null and void.

1.1.2.      Personal scope: (MT. Section 279 (3) , Kjt. Section 12 (1))

The scope of the Collective Agreement extends to the parties concluding it, as well as to those in a public employee relationship with the employer (Articles 20-24 of the Collective Agreement), regardless of whether the signatory to the Collective Agreement or any other public employee interest representation organization is a member or not.

1.1.3.      Temporal effect: The Collective Agreement shall enter into force upon its publication and

It is for an indefinite period .

The collective agreement ceases to be valid upon the termination of the employer or the trade union without a legal successor (MT. Section 281 (1)).

The termination of the employer or the trade union by a legal successor is subject to the collective agreement.

does not affect its scope (MT. Section 281 (1) ).

1.1.4. Announcement of the      Collective Agreement:

The method of announcing the Collective Agreement is by posting.

Place of posting : Economic Office , member kindergarten/nursery managers.

1.2. Rules for amending the Collective Agreement (MT § 276 )

1.2.1.     For the conclusion, amendment and termination of the Collective Agreement , on behalf of the employer , on the one hand:

-               Director of the institution

-              on the other hand, the secretary of the Teachers' Trade Union is authorized to represent the trade union .

1.2.2.     The contracting parties are entitled to prepare a draft Collective Agreement separately and jointly . The separately prepared draft Collective Agreement must be made available to the other party, so that the other party has at least 15 days to prepare comments.

1.2.3.     After the draft of the Collective Agreement has been prepared, the contracting parties are obliged to hold an interest reconciliation meeting. Minutes must be drawn up of the meeting.

1.2.4.     The Collective Agreement may only be amended by mutual consent of the parties hereto. Any amendment recorded in writing shall enter into force on the date of publication at the earliest .

1.2.5.     Only regulations that benefit public employees may enter into force retroactively.

1.2.6.     Neither party may reject a negotiation proposal for an amendment made by a party with the right to conclude a Collective Agreement. A written response to the amendment proposal must be provided within 15 days of its receipt.

1.2.7.     Changes in legislation affecting certain issues included in the Collective Agreement shall modify the provisions of the Collective Agreement from the date of entry into force of the legislation. These changes must be implemented in the effective text of the Collective Agreement within 30 days.

1.2.8.     The employer and the trade union agree to evaluate the contents of the Collective Agreement by March 31st of each year so that the necessary amendments can be implemented by the announcement on June 30th.

1.2.9.     Other rules regarding the amendment and supplementation of the Collective Agreement shall be applied as regulated above.

1.3. Rules for termination of the Collective Agreement : (MT.280. §)

1.3.1.     The Collective Agreement may be terminated by either party to the agreement with a 3- month notice period. (Mt. Section 280 (1))

1.3.2.     The contracting parties agree to inform each other of their intention to terminate the contract 6 days before announcing it .

1.3.3.     The right of termination shall be exercised six months after the conclusion of the Collective Agreement .

neither party may exercise it within .

1.3.4.     During the notice period , both parties shall comply with the provisions of the Collective Agreement .              

must apply .

II.    The relationship between the employer and the trade unions

2.1. Cooperation between the employer and trade unions :

2.1.1.     The employer cooperates with trade unions in accordance with the provisions of Section 272 of the MT , supports their activities, and facilitates their operation in order to enable them to carry out their interest representation and protection activities.

2.1.2.     The employer and the trade unions undertake to inform each other of planned measures that affect or influence the activities of the other party.

2.1.3.     The employer fully complies with the obligation to provide information set out in Section 272 (4) of the MT. The employer shall communicate its position on the comments and proposals of the trade unions and the reasons for this to the trade union in writing within 10 days of receiving the comments and proposals .

2.1.4.     Before taking any measure, the employer must inform the trade unions represented at the employer - if it directly affects public employees or the public employees of the given location to the extent specified in Section 71 (1) of the MT - at least 15 days before taking the measure .

2.1.5.     The workplace organization of the trade unions shall inform the employer of any termination or transformation within 6 days of the relevant decision. Within 10 days of the signing of this Collective Agreement, the trade unions shall name their representatives authorized to proceed in writing to the employer, and the employer shall provide the trade unions with the list of powers of the cooperating managers.

2.1.6.     In matters of individual interest protection of public employees, the official of the trade unions authorized in writing by the public employee shall consult with the manager authorized to take action and entrusted with the management of the public employee. In the event of their lack of consultation or their ineffectiveness, the employer's first-line manager shall consult with the official of the authorized trade unions.

2.1.7.     The contracting parties undertake to treat information, data, knowledge, etc. originating from the other party confidentially and to undertake to maintain confidentiality at the express request of the other party (Article 8 (4) of the Civil Code).

2.1.8.     In order to ensure labor protection and working time benefits, the trade unions undertake to provide the names of the officials and their mandates to the employer within 10 days of the conclusion of the Collective Agreement . They further undertake to provide the employer with any changes related to it within 3 days of their occurrence .

2.1.9.     Public employees may exercise the right to strike to assert their interests in accordance with the strike regulations.

2.2. Ensuring the operating conditions of trade unions :

The employer contributes to the operating conditions of trade unions by :

-       Provides premises free of charge for holding trade union events (for the operation of the trade union ) .                

-        Provides the opportunity to post trade union information, ensures the local customary                                                                         

announcements, calls, information opportunities         

use, free reproduction of trade union documents .

-       The employer provides the use of the telephone for advocacy activities free of charge .

2.3. Labor law protection and working time benefits for trade union officials :

2.3.1.     Elected officials of trade unions are entitled to labor protection pursuant to Section 273 of the MT . In connection with labor protection, the employer undertakes not to discriminate against officials in any way due to their activities.

2.3.2.     The contracting parties agree to attempt to resolve disputes related to the protection of trade union officials through mutual cooperation .

2.3.3.     The public employee status of an elected official of a trade union may be terminated by dismissal only with the consent of the directly superior trade union body .

2.3.4.     The employer is obliged to provide for the officials of trade unions - MT . 274§ and

To provide a discount on working hours based on Section 273 .

2.3.5.     The amount of the working time discount, taking into account all officials, is 1 hour per month for every two trade union members who are in a public employee relationship with the employer . The amount of this discount does not include the duration of negotiations with the employer .

2.3.6.     The union decides on the use of working hours, but absence from work must be reported to the director 5 days in advance. The working hours discount can be used until the end of the current year. The working hours discount cannot be redeemed.

2.3.7.     Officials are entitled to absence pay for the duration of the working time discount and the duration of the consultation with the employer .

2.3.8.     The working time discount is calculated based on the working hours existing on January 1 of the current year and the trade union

The employer provides the benefit based on the number of members certified in writing by the officers. The working time discount is valid from January 1 to December 31 of the relevant year.

2.3.9.     The working time discount may be used by the official public employee designated by the trade union. The trade union is obliged to notify the employer of the use of the working time discount at least five days in advance , except in unforeseen, urgent and extremely justified cases .

III.   Civil servant status

3.1. Establishment and modification of the public employee relationship :

(Mt. § 36-40 ; § 44 , § 45 (2)-(4) , § 46-49 , KJT. § 20-24 , Vhr. § 3/A, § 4-6, § 17)

3.1.1.     Public servant status with appointment for an indefinite period and its

is created by accepting it .

3.1.2.     Public servant relationship with fixed -term appointment - Section 21 of the Civil Service Act

(2) - unless otherwise provided by law - it can also be established by appointment for a fixed period of time for the purpose of replacement or for the performance of specific work or the transfer of tasks, in the premium years program .

3.1.3.    

The appointment and its acceptance must be in writing . The appointment document must include:

-              The salary class and grade on which the civil servant is classified ,

-              salary,

-              job title,

-              place of work ,

-              duration of the employment contract ,

-              the amount of work (full-time or part-time).

3.1.4.     The appointment document may also specify other issues affecting the civil servant's legal relationship. The civil servant's job description is an annex to the appointment document, which the employer must provide in writing together with the appointment document .

3.1.5.     To be filled by application :

-              A job position that qualifies as a higher management position (KJT. § 23 (2) ),

-              management positions ,

-              teaching positions and positions directly supporting educational and training work .

Applications for vacant positions must be submitted within thirty days of the vacancy becoming available.

The tender procedure is governed by Government Decree 326/2013 . ( VIII.31. ) .

Regarding the selection and employment of the applicant , the higher management position (director)

except for the following: the director decides taking into account the opinions of the teaching staff and nursery head .

3.1.6.            In the appointment, three months are required upon establishment of the civil servant relationship .

A probationary period exceeding this period may be agreed, the duration of which may not exceed four months (Kjt. § 21, paragraph 2). Extension of the probationary period is prohibited. The civil servant relationship may be terminated by either party with immediate effect during the probationary period.

3.1.7.            The director exercises the employer's rights in the institution .

3.2. Termination and termination of the civil servant relationship :

(MT. § 65. (3) - (6) paragraphs, § 66. (4) - (7) paragraphs, § 67., § 71-76; § 78.; § 80-84. KJT. § 25.- § 38.)

3.2.1.     In the event of termination of the public employee relationship by resignation - the (KJT.

Section 28 (2) ) the cancellation period is 2 months.

3.2.2.     The employer shall exempt the public employee from work for half of the exemption period within the notice period (KJT.§ 28 (2)).

3.2.3.     The right to   extraordinary   resignation shall be exercised by informing the applicant of the reasons underlying it.             

It can be exercised within fifteen days of becoming aware of the cause, but no later than one year from the occurrence of the cause, during the limitation period for initiating criminal proceedings in the event of a crime (KJT.

Section 29. (2) paragraph).

3.2.4.     In the event of exemption, the exemption period shall be at least 60 days, but may not exceed eight months (Article 33, paragraph 1 of the Code of Civil Procedure).

The exemption period is one month after five years of service as a public servant ,

-              two months after ten years ,

-              after fifteen years , three months,

-             after twenty years and four months,

-             after twenty-five years and five months,

-             after thirty years it is extended by six months .

3.2.5.     The employer is obliged to exempt the public employee from work for half of the exemption period (KJT. Section 33 (3)) in installments and at a time according to his wishes.

3.2.6.     If the public employee relationship is terminated due to dismissal, the employer is obliged to pay the severance pay to the public employee, except for retired public employees (Section 294, point g) of the Civil Service Act).

3.3.  Work rules :

(MT. § 6-12 ; § 51-56 , KJT. § 39-44 )

3.3.1.     Conflict of interest: A public employee may not establish an additional legal relationship for work if it is incompatible with the legal relationship as a public employee.

3.3.2.     Secondment, substitution: If a public employee performs his/her original job in addition to performing a task that is not part of his/her job, he/she is entitled to special remuneration in addition to his/her salary.

3.3.3.     Further training: Public employees participating in further training outside the school system are also entitled, in the case of a study contract, to 1 day of paid time off (vacation) per consultation and 4 days of paid time off (holiday) or working time reduction per exam, including the exam day. During this period, they are entitled to an absence allowance.

3.4.  Employer 's obligations:

The employer is obliged to:

-             Employ the public employee in accordance with the rules governing appointment and public employee status.

-             Ensure healthy and safe working conditions .

-             Organize work in such a way that the public employee can exercise his rights and fulfill his obligations arising from the legal relationship as a public employee .

-              Ensure the acquisition of the knowledge necessary for the job, and pay a salary in accordance with the rules governing the public employee relationship and the appointment.

-              Promote public employees' participation in training and further training related to their job.

3.5. Duties of public servants :

3.5.1.     A public employee shall perform his/her job duties in accordance with the rules applicable to the public employee relationship, other professional rules and customs, and the instructions of the employer, taking into account the public interest.

3.5.2.     The public employee is obliged to:

-              To appear at the prescribed place and time in a state capable of work and to spend his working hours working, or to be at the employer's disposal during this time, to perform his work with the expected expertise and care, in accordance with the rules, regulations and instructions applicable to his work.

To cooperate with colleagues , to do one's work in a way that is appropriate , and generally

to behave in a way that does not endanger the health or physical integrity of others, does not interfere with their work, does not cause material damage, or does not cause incorrect judgment.

-              To do your job personally .

-              In the rules governing the legal relationship between public employees , the preparatory and finishing work related to the position, as established in the appointment, must be carried out - within the statutory working hours ; if this can only be carried out outside working hours, compensation is due according to the rules governing overtime.

-              To preserve information acquired during the course of his/her work, and not to disclose to unauthorized persons any data or knowledge the disclosure of which would have adverse consequences for the employer or any other person.

A public employee may not accept or agree to any remuneration from a third party in respect of his/her employment activities without the prior consent of the employer . Any service of financial value provided by a third party to the public employee in addition to the service due to the employer shall be considered as a specific remuneration .

3.5.3.     A public servant is obliged to refuse to comply with an instruction if its execution would directly and seriously endanger the health of another person or the environment.

3.5.4.     A public servant may refuse to comply with an instruction if its execution

violates a rule relating to employment or would directly and seriously endanger the life, physical integrity or health of the public employee.

3.5.5.      The public servant is obliged to remain available even if the instruction is refused .

3.5.6.     A public employee may deviate from the employer's instructions only if this is absolutely necessary to protect the employer from harm and it is not possible to notify the employer. The employer must be informed immediately of any deviation from the instructions .

3.5.7.     The assessment and qualification of behavior is the duty and right of the head of the institution .

3.6. Exemption of a public employee from work :

3.6.1. Pursuant to      Section 55 of the Civil Service Act : A public employee is exempt from fulfilling his/her obligation to be available and work :

a)    Incapacity to work,

b)     health care related to the human reproductive process as required by law

treatment in an institution , and

e) for the duration of the mandatory medical examination , and

d)    for the period of at least four hours necessary for blood donation ,

e)    the nursing mother should breastfeed twice a day for the first six months of breastfeeding, or twice a day for two hours in the case of twins, and once a day for the end of the ninth month , or twice a day for two hours in the case of twins,

t) for two working days upon the death of a relative, (Article 294 (]) of the Civil Code, point b): the spouse, the direct relative, the direct relative of the spouse, the adopted, step-parent and foster child, the adoptive parent, the step-parent and foster parent, the sibling, and the life partner,

g)    continuation of primary school studies, as well as training as agreed by the parties, in the case of further training, for the time necessary to participate in the training,

h)    for the duration of volunteer or facility firefighting service ,

i)     upon the summons of a court or authority, or for the period necessary for personal participation in the proceedings,

j)      justified by personal, family or unavoidable reasons deserving special consideration

for the duration of absence , and

k)    for the period specified in the rules governing employment .

3.6.2. In addition to the cases listed in      Section 55 (]) of the Labour Code , the employer shall, upon prior request, exempt the public employee from fulfilling his/her work obligation in the following cases:

a)    If the public employee joins the teacher training program as specified in the institution's enrollment plan [ Government Decree 277/1997. (XII. 22.) Section 6 (2)-(7)]. The exemption is valid for the day of attendance at the training program, the day of the exams, and two additional working days per exam;

b)    To participate in the qualifying exam on the day of the exam, and for two additional working days to prepare for the exam.

e) The date of participation in the qualification procedure and the date of the qualification procedure

one more working day to prepare .

d) In the case of participation in a higher education system training program or training based on the employer's individual permission, certified participation in mandatory classes , professional practice, and for four working days per exam - including the day of the exam .

3.6.3.     In the case of the items listed in points a) - c), participants are entitled to an absence allowance for the lost working time , and in the case of point d), remuneration is provided as agreed by the parties.

3.6.4.     Compared to what is stated in point 3.6.1 ., the parties may agree on more favorable conditions in the study contract .

IV. Working hours and rest periods

4.1. Working hours and rest periods :

4.1.1.    

4.1.2.     In the case of unequal working hours, the weekly day off must be provided on an annual average. Working hours must be allocated in such a way that overtime may only be ordered to an extent that it does not endanger the health and physical integrity of the employee or does not constitute a disproportionate burden for him/her in view of his/her personal and family circumstances. In such a case, the daily working hours may not be shorter than 4 hours and longer than 12 hours.

4.2. Work schedule of employees in the institution by job:

4.2.1.     Teachers' work schedule and working hours :

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The kindergarten teacher must spend his/her working hours directly with the children, encompassing the entire kindergarten life. During the part of the working hours that is paid for by the teachers, the kindergarten teacher may be assigned to prepare for education/training , other related pedagogical tasks, participate in the work of the teaching staff, provide professional assistance to interns, and perform occasional substitutions.

In addition to the above teaching time, the following 4 hours of teaching duties may be assigned:

Occasional substitution.

Supervision of children 's meals .

Preparation for planned educational and personality development work .

Written planning and evaluation of educational work according to the educational program schedule . Performing all administrative tasks related to pedagogical activities.

Purchasing, making and decorating illustrative and additional equipment. Maintaining contact with partners , especially with nursery and school teachers. Holding family-related contact forums: parent meetings, reception classes, family visits.

Active participation in the work of the educational board , participation in a working community .

Organizing celebrations (group-kindergarten level), excursions, other programs . Participation in kindergarten meetings (employee, teaching staff).

Hospitalizations.

Participation in professional days and open days . Preparation of reports and self-evaluations.

Self-education.

Carrying out child protection tasks and preparing related documentation .

Maintaining the library and archives .

Participation in occupational safety, fire protection, and accident prevention tasks. Organizing contact with external partners .

Helping to organize journals and other services . Actively participating in the institution's quality program.

Application writing.

Preparing and providing professional assistance to interns .

4.3. Overtime work:

4.3.1.     The employer may oblige the public employee to work during extraordinary working hours in exceptional cases . (MT. Sections 107-112. (1) ).

4.3.2.     The following shall be considered to be working overtime :

-              Work exceeding the public employee 's normal daily working hours (overtime),

-             work performed on a rest day or public holiday , or

-              readiness at a specific place and time ,

-              on-call service.

4.3.3.      For the purposes of this regulation, work performed on a rest day or public holiday is equivalent to overtime .                             

4.3.4.     The maximum amount of overtime that can be ordered is four hours in total on two consecutive days .

-              The civil service relationship began during the year ,

-              for a fixed period of time or

-              was created for part-time work .

4.3.5.      It is not overtime if the public employee works out the time of authorized absence based on an agreement with the employer .                                 

4.4. Working beyond fixed working hours :

A public servant employed as a teacher is entitled to an hourly wage calculated in accordance with point 4.6 if , based on the employer's measures , he or she is required to stay in the educational institution for work purposes beyond the stipulated working hours. The determination of whether a public servant employed as a teacher has exceeded the stipulated working hours is made based on the monthly working hours.

4.5. Substitution and work under the agreement :

The limits for ordering ad hoc substitution are regulated by Government Decree 326/2013. (VIII. 30.) (April) as follows :

"§ 17"

(. . .)

(4) In addition to the working hours assigned to education and training, teachers may be ordered to hold additional classes and other activities, or direct pedagogical professional service activities, if:

the)  the position is not filled, for the duration of the application procedure ,

b)  the position is not filled and the public application for the position was unsuccessful, provided that the job placement procedure was unsuccessful and there is no suitable specialist available in the permanent replacement system for teachers, or

c)  the performance of the duties of the position held has unexpectedly become impossible due to illness, accident or other reason .

(5) Based on the provisions of paragraph (4) , the number of lessons and

other occupations, the number of direct occupations in pedagogical professional service does not exceed two hours per school day or six hours per school week. In the case of kindergarten teachers, temporary substitution above the upper limit of the working hours is ordered based on the provisions of paragraph (4), for a teacher for a maximum of thirty teaching days per school year, and in the case of kindergartens for a maximum of thirty days within one school year .

4.5.1.     If the teacher is appointed to a position specified in law for his/her job

If, beyond the working hours assigned to education and training, he/she holds additional classes or other activities - to an extent exceeding the occasional substitution - he/she is entitled to an hourly rate calculated according to point 4.6.

4.5.2.     If the performance of the task cannot be resolved by applying other work organization measures, the teacher employed in the position of teacher shall be entitled to remuneration based on an agreement , if he/she holds more classes or other classes than the upper limit of the working time assigned to education. The indicative amount of the fee - for each such class held - is the amount determined in accordance with point 4.6.1. In addition to this remuneration, the teacher may not claim any further remuneration under any other legal title.

4.5.3.     If the work organization cannot be resolved in another way and the teacher is temporarily

teaches another teacher's class, student group, or occupational group - within the working hours allocated for education - together with his/her own, and provides a substitute teaching position through a merger. The teacher is entitled to remuneration for the substitution work carried out through a merger, as agreed , provided that it exceeds the amount of the occasional substitute teaching position.