More money only temporarily
Anyone who performs a higher-value task should also receive more money for it - this principle is reflected in the regulation of § 14 TVöD. The point here, however, is that the higher-value task is not transferred permanently, but only temporarily. Since you, as an employee, will be more interested in being able to perform such a task in the long term, there are often differences of opinion between employer and employee.
Your employer may well have an interest in assigning you a higher-quality task not permanently, but only temporarily. If the reason for the transfer is resolved, no cancellation of the change is necessary.
Requirements for more money
- If you as an employee are only temporarily assigned a job that is more valuable than your other job, because If it corresponds to the job characteristics of a higher salary group, there is also more money - of course only that in the interim.
- Further prerequisites according to § 14 para. 1 TVöD is that you have pursued this higher-level activity for at least one month. However, the allowance to which you are then entitled will be paid retrospectively. You will receive it from the first day on which the new job was assigned to you.
- The allowance is based on the pay group. If you are in a pay group between 1 and 8 as an employee, you will receive an allowance of 4.5 percent of your individual table pay. If, on the other hand, you are in a pay group between 9 and 14, then the allowance is calculated from the difference between yours previous table remuneration to the table remuneration that would result if the activity were transferred to you on a permanent basis, s. § 14 para. 3 TVöD.
Fair discretion must be given
- Whether a higher-value activity can be temporarily transferred in individual cases depends on whether this transfer is within the framework of what is known as "reasonable discretion". The Federal Labor Court assumes a "double check of equity".
- On the one hand, it must be fair and reasonable that the higher-value activity is transferred at all. On the other hand, reasonable discretion must also be given with regard to the only temporary transfer.
- If the employer could do what he wanted here, so to speak, he could very easily bypass the protection against dismissal by he only temporarily transfers a higher-quality activity over and over again and can also reverse this at will power. In the case of a permanent transfer, however, you would need to cancel the change in order to undo this transfer and you to your old one Workplace to send.
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When is "temporarily" problematic
- If a higher-quality job is only temporarily transferred, a dispute can easily arise: as an employee, you want the Prefer to work permanently, as this also means more money in the long term, while your employer retains a certain freedom of action would like to. In some cases, strict standards must therefore be applied so that the employer does not unilaterally take advantage of this regulation.
- This applies u. a. when transferring such an activity for testing. In itself, this reason is permissible, but of course this must not be limitless in terms of time. Ten years of testing are certainly completely excessive, even for a very high-quality job, while six months are rather unproblematic.
A public employer also wants to be flexible and be able to deploy staff as it appears necessary. The regulation of § 14 TVöD takes this into account.
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