Dear Colleagues,
On 17.11.2022, Rector Seidler sent out an email about the operational restrictions at the TUW. We are of course aware of the financial emergency and we support the rectorate as well as the entire works council and also the staff to successfully push through additional budget demands at the ministry. However, we would like to state that we strongly criticize the communication by the rectorate towards the employees – many colleagues (also from the works council) have learned about the imminent closure from the media. In addition, the information on the part of the rectorate is also in need of improvement with regard to the actual regulations regarding the closure.
Regarding statements of the rector’s email and the included FAQ (highlighted in italics):
The plant closure is planned from Saturday December 17, 2022 to Sunday January 8, 2023. The calculated savings amount to one million euros.
As of today, we have no concrete information on the underlying calculation. Considering the fact that 2 of the 3 weeks anyway fall in the time when many colleagues take vacation and/or time off, the data basis is even more interesting.
The TU management restricts the operation and access to the TU Vienna during this period to the usual extent on Sundays and holidays.
Employees who use up vacation/ compensatory time or work in a home office during the entire period of the operating restriction are credited with 2 vacation days. If neither vacation nor compensatory time is consumed and someone cannot work in the home office due to the job, supervisors must check whether alternative tasks are possible. If this is also not feasible, the working time should be used for the internal online training offered by our personnel development department.
Employees whose presence is indispensable for the maintenance of the infrastructure (administration, spatial resources, equipment, etc.) or the research operations of the TU Vienna during the operational restriction and who have to perform their work on site are exempt from the aforementioned regulations and also receive two additional vacation days.
Basically, it should be noted that home office, like vacation, cannot be unilaterally imposed by the employer. This means that the change to home office can only be voluntary. Vacation must also be consumed voluntarily. Those who wish may also take a vacation advance – in this respect, the TU Vienna supports those who wish to do so.
In contrast, there is a note in the FAQ, which was part of Rector Seidler’s mailing (see here: https://www.tuwien.at/intern/personalwesen/fb-arbeitsrecht/betriebseinschraenkung-faqs-fuer-mitarbeiter-innen), which is misleading from our point of view.
What if employees refuse to take leave and/or work in a home office during the period of the operational restriction?
Since the change to a home office is entirely voluntary, there can be no refusal on the part of the employees per se. Although there are many employees who would like to take advantage of the offer, there may be reasons not to take advantage of it and to work in the office. For example, not all colleagues have the opportunity to set up a workstation at home that meets the existing requirements. This also eliminates the possibility of participating in online training courses.
In addition, there is the note:
Those employees who want to come to the TUW to work despite operational restrictions have to put up with unheated, unguarded and uncleaned rooms.
The rectorate is aware that not all activities (whether research, teaching or administration) can be shifted to the home office. Also, not all laboratory facilities will (be able to) be closed. In first talks with representatives of the rectorate it was communicated that solutions would be considered – e.g. to keep certain (ideally energy-efficient) rooms (not necessarily one’s own office!) open during the closure in order to enable those colleagues who need it to have workplaces that comply with labor law.
Currently it looks like this,
– that you have to report to your boss if you want/need to come to the university.
– that there will be no warm workplaces
– but the access should be possible in principle
As noted, we support the measures of the rectorate in principle and are also prepared to compromise. However, we see undue pressure being exerted on employees. On the one hand, voluntariness is counteracted by the term “refusal”, and on the other hand, a workplace situation is being held out in prospect that, in our view (and also in the view of experts consulted), is inadmissible under labor law.
One of the core tasks of the works council (we refer at this point to the homepage of the ÖGB, can be found as the very first point of the following) is the monitoring of the labor and social regulations
Our position is clear:
Even under the given circumstances, the provisions of labor law must be complied with.
Voluntariness must be ensured. In addition, those employees who want to or have to work in the office must be provided with workplaces that comply with labor law requirements (room temperatures).
Furthermore, we demand an early, clear and appreciative communication on the part of the rectorate.
We will continue to work towards a solution that is both acceptable under labor law and fair for you, as an employee of the TU Vienna, and that is as smooth and uncomplicated as possible. If you have any questions, please do not hesitate to contact us.
List ZUG