working time regulations

Working hours - extract from the collective agreement for film and television professionals who are employed for the duration of production - TV FFS of May 29, 2018

(quoted and translated after:  Collective agreement for film and television professionals employed for the duration of production - TV FFS of May 29, 2018)


"(...) 
5. Working hours

5.1. preamble
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. Working time


5.2.1.

The weekly regular working time is 40 hours, which, unless otherwise stipulated in this collective agreement, should be distributed evenly over the weekdays Monday to Friday. 1 Memo in section 4.6: The parties to the collective agreement agree that this agreement is always limited-term employment. Collective agreement for film and television professionals who are employed for the duration of production - TV FFS dated May 29, 2018 page 6 of 21

 
5.2.2.

The working time is calculated from the point in time at which the producer or his representative ordered the filmmaker, regardless of the time of the assignment.

 
5.2.3.

In addition to the rehearsal and shooting time on the set, the working time also includes the time for the filmmaker's preparatory, editing and processing activities, which he has to perform at the instigation of the producer or his representative in fulfilling his agreed activity.

 
5.2.4.

Every working day that has started is calculated with at least 8 hours.

 
5.2.5.

Daily maximum working hours

  • 5.2.5.1.
    The planning and daily duration of the shooting should be set up in such a way that a maximum daily working time of 12 hours can be observed for all filmmakers on the shooting day and location in accordance with the following provisions.
  • 5.2.5.2.
    The maximum daily maximum   working hours 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.
  • 5.2.5.3.
    The maximum daily maximum working time of 12 hours or 13 hours in the case of TO 5.2.5.2.  may only be exceeded on individual days in the following exceptional situations and with the consent of the filmmakers. These exceptional situations are: a. limited availability of motifs due to a third-party decision, b. considerably increased organizational effort for 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.
  • 5.2.5.4.
    If 13 hours of daily working time are exceeded, the immediately following statutory minimum rest period is extended from 11 hours (in accordance with TZ 5.9.1 and 5.9.2.) To 12 hours in accordance with the collective agreement.
  • 5.2.5.5.
    With regard to the breaks, TZ applies. 5.8.2.

(...)

5.8. Work breaks

 


5.8.1.

The filmmaker is entitled to a break for working hours of up to 8 hours, which should generally be between the 4th and 5th working hours. The length of the break must be such that the filmmaker has sufficient opportunity to take a warm meal, it must be at least 45 minutes. For imperative technical reasons, the break can be rescheduled within the framework of the provisions of the Working Hours Act.

 
5.8.2.

In the case of extended working hours, a further break of 30 minutes must be granted if the working time exceeds 12 hours.

 
5.8.3.

The breaks do not count towards working hours for up to 1 hour and 15 minutes. (...)

5.5. Night work


5.5.1.

Night work is the work that is done between 10 p.m. and 6 a.m.

 
5.5.2.

A surcharge of 25% is paid in addition to the wage per hour of night work. As far as overtime is concerned, the overtime surcharge 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 working hours, the film manufacturer has to take care of the transport to and from the place of work.

(...)

5.9. Non-working time


5.9.1.

There must be a non-working time of at least 11 hours between the end and the start of working hours .

 
5.9.2.

A non-working day counts as a day of rest or vacation in the sense of this collective agreement only if it includes the statutory rest of 11 hours in addition to the non-working 24 hours.

 
5.9.3.

If the filmmaker is employed for more than 21 days, at least two consecutive rest days must be granted per month. "

Working time regulation on sundays and public holidays


According to   Article 9 of the Working Hours Act, employees may not be employed on Sundays and public holidays.

In exceptional cases, please contact the respective state offices.


In Berlin this is: 

However, LAGetSI will only issue a confirmation for the special exemption for film production companies based in Berlin for a fee. Because in Berlin the following rule applies: 

    permission-free employment on sundays and public holidays in Berlin film production companies (in German language only)

    Film production companies based in  Brandenburg must obtain a special permit from 

    apply for.

    contact: bbfc

    Film location Berlin Brandenburg 2020