5. Working hours
The special conditions of film and television production mean that working hours are basically based on the artistic and technical requirements of the respective manufacturing process. For the employment contracts limited to the duration of production, the following provisions can therefore take into account the fact that the filmmakers are not continuously employed for 52 weeks during a calendar year. The provisions of this collective bargaining agreement section 5 only constitute a permissible regulation for the working hours of film and television productions in connection (TZ 5.1. To 5.9) and in connection with the collective wage agreement or with the regulations for the entry fee of the acting collective agreement. Individual agreements to exclude individual or several of TZ 5.1. until 5.9. as well as the collective wage agreement are not permitted, this applies in particular to agreements between employers and employees in accordance with Section 7 (3) ArbZG (individual contractual reference); Section 4 (3) TVG applies. TZ 1.5 remains unaffected.
"5.2.1. The regular weekly working time is 40 hours, which are to be evenly distributed over the days of the week Monday to Friday.
5.2.2. The working time is counted from the point in time at which the producer or his representative has appointed the filmmaker, regardless of the 1 A cherry-picking for film companies not bound by collective agreements is therefore excluded. According to the Federal Labor Court AZR 587/13, a comparison of the sub-complexes of the different regulations that are in an internal factual context must be made (so-called subject group comparison). The duration of the work to be performed by the employee and the remuneration he is entitled to for this purpose basically form a uniform factual group when carrying out the benefit comparison, since both main performance obligations are closely and factually related. If it cannot be determined beyond doubt that the individual contractual regulation is more favorable for the employee, it remains with the mandatory, normative validity of the collective agreement. Collective agreement for film and television professionals employed on a permanent basis - TV FFS of April 30, 2021 Page 6 of 22 date of deployment. Arranged or scheduled business trips are counted as working time.
5.2.3. In addition to the rehearsal and shooting time on the set, working time also includes the time for the preparatory, editing and handling activities of the filmmaker, which he / she has to perform at the instigation of the producer or his / her representative in the fulfillment of his / her agreed work.
5.2.4. Every started working day, even if it extends over two calendar days, is calculated with at least 8 hours.
5.2.5. Maximum daily working time
22.214.171.124. The planning and daily duration of the shooting time must be set up in such a way that a maximum daily working time of 12 hours can be observed for all filmmakers on the day of shooting and location in accordance with the following provisions.
126.96.36.199. The maximum daily working time may only be extended from 12 to 13 hours in high-frequency television series productions and only on one day of each calendar week in the entire production period.
188.8.131.52. The maximum daily working time of 12 hours or 13 hours in the case of Item 184.108.40.206. may only be exceeded in the following exceptional situations on individual days and with the consent of the filmmaker, these exceptional situations are: a. Temporary availability of motifs due to a third party decision, b. Significantly increased organizational effort in the case of mass scenes, for example in historical costume films, or in comparable exceptional cases, c. Force majeure or d. Unpredictable events that were caused outside the responsibility of the producer.
220.127.116.11. If 13 hours of daily working time are exceeded, the immediately following statutory minimum rest time of 11 hours (in accordance with items 5.9.1 and 5.9.2.) is extended to 12 hours in accordance with the collective agreement.
18.104.22.168. With regard to the breaks, TZ applies. 5.8.2. "
5.8.1. The filmmaker is entitled to a break for working hours of up to 8 hours, which as a rule should be between the 4th and 5th working hour, in any case longer than six hours may not be worked without a break.
The length of the break is to be measured in such a way that the filmmaker has sufficient opportunity to have a warm meal, it must last at least 45 minutes.
5.8.2. In the case of extended working hours, a further break of 30 minutes must be granted if 12 hours of working time are exceeded.
5.8.3. The breaks do not count towards working hours up to a duration of 1 hour and 15 minutes.
5.5.1. Night work is work that is performed between 10 p.m. and 6 a.m.
5.5.2. In addition to the fee, a surcharge of 25% is paid for each hour of night working. If it is overtime, the overtime allowance is also paid.
5.5.3. If the use of public transport is not possible due to the location of the place of work or the working hours, the film producer must arrange for transport to and from the place of work.
5.9.1. Between the end and the beginning of the working time of two working days there must be a rest period of at least 11 hours.
5.9.2. A day of rest (in accordance with Item 5.6) or a day of vacation (in accordance with Item 14.1) within the meaning of this collective agreement only counts as a day off if it includes the statutory rest period of 11 hours in addition to the 24 hours off.
5.9.3. If the filmmaker is employed for more than 21 days, at least two consecutive days of rest must be granted for every four weeks of employment. If the filmmaker is employed for more than 40 days during the shooting period, at least three consecutive days of rest must be granted for every four weeks of employment from the second month of employment. In the employment phases of pre- and post-production, this regulation applies in cases in which weekend work is ordered by the producer or his agent.
5.9.4. After a night shoot from Friday to Saturday, a weekend should include 48 plus eleven hours to preserve the non-working time. At least two weekends per month of employment must include a rest period of 48 plus eleven collective agreements for film and television professionals employed on production time - TV FFS of April 30, 2021 page 10 of 22 hours between the end of work and the subsequent start of work. This also applies to the staggered rotation. "
Form / information sheet for work on Sundays and public holidays