Tractebel Engineering GmbH

Friedberger Strasse 173 – 61118 Bad Vilbel – Germany

Phone: +49 6101 55-0 – Fax: +49 6101 55-2222

Company Agreement

This translation is for information purposes only. In any dispute, the German original shall prevail.

Company Agreement
Mobile Working

By and between Managing Directors

(hereinafter "MD")

and Works Council

(hereinafter "WC")

Effective as of 01. January 2022

1 PREAMBLE

Many employees wish to be more flexible to better balance their professional activities and their personal
and family life. The wishes differ depending in the different stage of life, from the career start, via founding a
family or caring for relatives to retirement from work. As an attractive Employer, TEG offers all Employees
the opportunity for mobile working with this Company Agreement.

The objectives of mobile working are

• To enable the Employees a better balance of work and individual style of living,
• To achieve higher work satisfaction through an increase in self-responsibility in organising and execut-
ing one’s work and
• To improve the quality and productivity of work and thus boost the company’s competiveness.

The provisions made herein shall, in general, apply outside pandemic times. In special times of a pandemic
or any other external conditions where legal provisions or statutory instruments or regulations (such as the
German Protection against Infection Act (Infektionsschutzgesetz)) apply, individual aspects of mobile work
may temporarily apply differently from what is laid down in this Company Agreement. In this case, a specific
instruction will be given.

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Company Agreement Mobile Working Page 2 of 8

2 SCOPE

The scope of this Company Agreement covers only employees with employment contracts concluded with
Tractebel Engineering GmbH, formerly trading under the name Lahmeyer International GmbH, (hereinafter:
"TEG") and whose place of employment has been agreed to be in Germany.

This Company Agreement applies, as a rule, to all employees of TEG with an employment contract of unlim-
ited duration and employees with a fixed term contract of employment, as well as to employees with a part-
time arrangement and employees in the Young Professional Programme.

This Company Agreement shall not apply to apprentices, BA students, student trainees, working students,
marginally or temporarily employed persons (temporary workers), temporary workers with employment
agreements on an hourly basis, students writing their theses (such as for a Diplom, Bachelor, Master's de-
gree).

Depending on the type of work, mobile working may not be possible or only possible to a limited extent for
individual employees, if their work cannot be performed at a mobile workspace (such as work in the mail
room, repro department) or such employees cannot ensure to comply with the requirements described here-
inafter.

3 DEFINITION MOBILE WORK

By providing the Employees with mobile end devices, mobile work gives Employees the opportunity to per-
form their work at places other than the TEG place of business in Bad Vilbe. lThe Employee does not neces-
sarily have to work from home, but can work mobile at other places as well. The Employee only has to en-
sure their availability.

Mobile working shall include tasks agreed in the employment contract that are carried out at a place other
than the TEG office, for instance in the Employee’s domestic sphere. This will, in normal cases, be carried
out by using information processing devices and systems, including, but not limited to, portable PCs and
access to system applications of TEG.

Mobile work may be carried out on full days or by the hour on any work day.

Business trips and tasks that due to the nature of the tasks need to be carried out at a place other than the
TEG place of business, such as at the customer's premises, shall not be covered by the mobile working defi-
nition.

This Company Agreement shall lay down rules for mobile working alternating to the performance of work at
TEG’s place of business. Mobile work does not refer to computer workstations that are permanently installed
by the Employer in the private sphere of the Employees (workstations other than in the business offices).

4 PRINCIPLES

a) As the Employer, TEG shall make mobile work possible and promote it. Mobile working shall be
made possible, as a rule, for every Employee.
b) Business and personal interests shall be balanced and reconciled in mobile work, while, in the end,
business interests shall be given priority.
Company Agreement Mobile Working Page 3 of 8

c) In principle, every Employee may work mobile within the scope of this Company Agreement, provid-
ed that it is compatible with the operational necessities and the work tasks are suitable for mobile
work. A work task is suitable for mobile work if the work results are not negatively compromised by
mobile work as regards time or quality.
d) Mobile work shall be voluntary on the part of the Employees. A decision in favour of mobile work
must not cause any disadvantages for the Employee.
e) Mobile work must not negatively impact the contact to the company, to the superior and the col-
leagues. For mutual information while mobile working, suitable digital tools, such as MS Outlook cal-
endar, MS Teams shall be used and kept updated.
f) The Employee working mobile shall remain involved in operational communications.
g) The possibility to participate in operational events, including, but not limited to works meetings and
department meetings, shall remain unchanged.
h) Specific times of presence in the company, for instance for team meetings, may be set bindingly.
i) A functioning workspace at the TEG place of business shall continue to be available to the Employ-
ee. Any deviations from this shall be managed by the superior and the Employee.
j) As for mobile working, in general every Employee shall note that they shall ensure to be able to start
working at the place of employment at short notice wherever this is required for operational reasons.
k) Mobile work may be performed at home, but at other places as well.

5 PLACE OF THE WORK PERFORMANCE IN THE EVENT OF MOBILE WORK

a) Mobile work may only be performed at a place suitable for it in Germany and in countries of the Eu-
ropean Union (EU). In general, suitable places refers to any and all suitable and closed rooms that
the Employee uses on their own during the relevant times of mobile work and that are not publicly
accessible, that allow for uninterrupted work.
This may be in the Employee’s own flat or house, but also in the flat or house of family members, of
the partner or in a vacation home etc.

Mobile working in countries of the European Union (EU) shall be possible in an exceptional case for
a continuous period of up to 5 working days, but limited to a maximum of 10 working days per calen-
dar year. Furthermore, it is required that the superior of the Employee gives their prior approval for
it. The inbound and outbound travel shall be made in a private context (leave, weekend) and at the
Employee's costs. TEG shall not reimburse any travel costs or daily allowance for mobile work.

b) In general, not suitable are: public transportation, train stations, airports, cafés, parks etc.
c) Furthermore, it is required that there is a stable internet communications connection, which allows
video conferences as well.
d) During mobile work, third parties must not be able to acoustically or visually perceive or view data.
Company Agreement Mobile Working Page 4 of 8

6 TIMES OF MOBILE WORKING

During a pandemic, the scope of mobile working may be expanded. Otherwise, the following underlying
conditions shall apply:

a) Where it is compatible with the operational necessities and project requirements, every Employee
may work mobile for up to two working days per calendar week.

The Employee shall inform their direct superior (operational head, head of department, head of divi-
sion, managing director) about the planned mobile working days in a suitable manner beforehand,
such as by entering it in a planning list.

b) Employees may also work mobile on more than two working days per calendar week. This re-
quires the prior approval of the superior.

c) It is not required to permanently determine specific weekdays. Mobile work can be handled in a flex-
ible manner and shall be coordinated by the Employees and the superiors.

d) The mobile working days can be scheduled with the direct superior prior in good time, for instance by
entering them in an assignment planning list fortnightly.

e) It is allowed to combine mobile working days with leave days or days off in lieu. Employees may
work mobile for full days or by the hour. Commuting time shall be not be deemed working time.

f) As for mobile working, in general every Employee shall note that they shall ensure to be able to start
working at the place of employment in lieu of mobile work at short notice wherever - contrary to the
initial plan - this is required for operational reasons. Period of notice of announcement: The superior
shall inform the Employee thereof no later than two working days prior. Longer lead times shall be
agreed with the superior.

g) In the event the Employee transfers to another organisational unit, the granted permission shall ex-
pire on the first day of the transfer. The Employee shall be entitled to mobile work in the new de-
partment under the conditions laid down in this Company Agreement.

Arrangements where Employees permanently work at places other than the place of business in the individ-
ual case shall be agreed in an employment agreement to be effective.

7 WORKING HOURS, RECORDING OF THE WORKING HOURS

The contractually agreed working hours of the Employee shall not be changed due to mobile working. The
individual contractually agreed regular weekly working hours shall not be increased, reduced or rescheduled.
The relevant individual working hours shall be composed of the working hours at the place of employment
and mobile working.

As a rule, the Company Agreement on flexible working hours shall apply, i. e. all company rules on flexitime
bandwidth, core time, breaks, etc. shall also be noted and complied with when working mobile. The legal
provisions, including but not limited to off-times and the maximum daily and weekly working hours shall also
be complied with. For overtime, the provisions of the Company Agreement on Flexible Working Hours shall
apply.
Company Agreement Mobile Working Page 5 of 8

The working hours of mobile work shall be recorded as working hours in the same manner as working at the
place of employment.

Employees are not obliged to use their work equipment or keep it switched on at times other than their work-
ing hours or during breaks.

8 WORK EQUIPMENT AND COMMUNICATIONS MEANS

The devices, systems and applications of mobile information processing including personal (electronic) note-
books are working material.

The Employee shall use the company laptop made available to them during mobile work. Moreover, no addi-
tional equipment will be made available. The Employee shall rule out the use by family members and other
third parties.

In the event that technical devices temporarily fail for operational reasons during mobile work, the Employee
shall remain entitled to remuneration for the anticipated hours to be performed in mobile work on that day.

As a rule, for phone calls or phone conferences, the camera function should be used during mobile work.
The used internet connection needs to be stable and suitable for video transmission. Where this cannot be
guaranteed on a permanent basis, mobile working is not possible. For privacy protection, “background imag-
es” (wallpaper for MS Teams) may be used.

Where in-person meetings are held at the place of business and the presence of the Employee is required
for operational reasons, the Employee shall be obliged to attend it in person.

9 REIMBURSEMENT OF EXPENSES

TEG shall pay to every Employee covered by the scope pursuant to item 2 of this Company Agreement an
allowance for mobile work in the amount of 150 euros gross for the private acquisition of additional equip-
ment (such as a second screen) each calendar year. Costs such as room, power, and Internet costs shall
be covered by the payment of the lump sum allowance for mobile work. Employees who cannot work mobile
or only to a limited extent, because their tasks cannot be performed at a mobile workspace, shall also re-
ceive the allowance.

The amount shall be paid in full regardless of the contractually agreed working hours (full time or part time)
and regardless of the actual length of service of the Employee in the relevant calendar year.

The amount shall be paid together with the salary payment of the month of February. Employees who join
the company in the period between March and December shall receive the allowance in full in the first month
of employment (starting month). Employees who leave the company in January shall receive the allowance
in full in the last month of employment (leaving month).

The allowance for mobile work shall be paid on an annual basis starting in the 2022 calendar year.

The appropriateness of the amount of the allowance shall be reviewed by the MD and the WC after 12
months each.
Company Agreement Mobile Working Page 6 of 8

10 CANCELLATION OF MOBILE WORK

The Employer may unilaterally cancel the mobile working arrangements for every individual Employee at its
reasonably exercised discretion and by stating the relevant reasons to the Employee with a period of prior
notice of announcement of at least one month in text form (such as by email) at any time if there are press-
ing operational and/or organisational reasons.

In the event of repeated infringements of contractual obligations, including, but not limited to severe breach
regarding to statutory work hours and off-time, the mobile working arrangements may be cancelled with im-
mediate effect without notice.

Prior to the cancellation of the right to mobile work of an Employee, the Works Council shall be informed,
involved and consulted in good time prior to the cancellation or, where cancellation shall take immediate
effect, concurrently.

11 MONITORING CONDUCT AND PERFORMANCE

No personal conduct and performance monitoring shall be effected by means of the systems / devices during
mobile work. Records may only be made in order to determine costs and only at the cost centre level – and
not related to the individual Employee.

Data and knowledge that the company acquires during mobile work shall be subject to a prohibition of exploi-
tation. They must not be used at the expense of the concerned Employees.

12 LIABILITY AND LOSS

The company shall hold the Employee harmless of any and all claims that may arise against the Employee
at the mobile workspace (damage to or loss of the devices, the furniture owned by the company, data loss,
etc.). An exception shall apply to damages caused by gross negligence or intent of the Employee. This shall
apply correspondingly to household members and legitimate visitors, provided that the work was performed
at home.

13 INFORMATION AND DATA SECURITY AND DATA PROTECTION

The Employee shall ensure at their own responsibility that the company rules on data and information securi-
ty and on data protection are complied with without restriction during mobile work. Work documents, data,
and information must neither be visible and accessible to third parties at public places nor in private spaces.
Disposal of documents, data carriers etc. may exclusively be carried out on the company premises.

In the event it is necessary to print or to scan documents for operational reasons during mobile work, the
data required for this purpose may be temporarily transmitted between the company device and a private
device (computer with a connected printer/scanner). After the relevant transaction, the transmitted data must
be deleted from the private device without undue delay.

The communications data collected during electronic data exchange (such as log in data and telephone da-
ta) shall not be used for time monitoring or wider conduct or performance monitoring. The company will not
record daily working hours during mobile work either.
Company Agreement Mobile Working Page 7 of 8

14 WORK SAFETY PROVISIONS, INSURANCE COVERAGE

The German statutory instrument governing the conditions at the workplace (ArbStättV) shall not apply to
mobile work at alternating places.

Accidents at alternating workplaces (including at home) and accidents on the way to or from work are cov-
ered by the statutory accident insurance (employers’ liability insurance associations (Berufsgenossenschaft).
Work-related accidents and accidents in private life are also covered by the group accident insurance of
TEG. For business trips departed for from alternating workspaces, there is also insurance coverage via the
business travel accident insurance of TEG.

15 QUALIFICATION OF THE WORKS COUNCIL

The Works Council is granted the right to inform the Employees covered by its area or responsibility of any
matters that are relevant to the Works Council on the Intranet.

Any Employee has the right to contact the Works Council via the Intranet (Section 80 or Section 84 of the
German Works Constitution Act (BetrVG). Upon the Employee’s wish, the Works Council shall give advice to
the Employee at home via the Intranet.

Information that is usually announced through a notice on the bulletin board needs to be announced to every
Employee in an appropriate manner by means of the electronic system. This shall also apply to internal job
postings.

16 APPLICATION OF EXISTING RULES

Unless provided otherwise specifically for the event of mobile work in this Company Agreement, the existing
rules of TEG shall apply unchanged for the individual Employee during mobile work. In the event of regula-
tory gaps or uncertainties, they shall be applied accordingly. Consent shall be obtained with the Works
Council.

17 SEVERABILITY CLAUSE

Should this Company Agreement be ineffective or void in part, then the effectiveness of the remaining provi-
sions shall not be affected. In lieu of ineffective parts, provisions the parties would have agreed on had they
been aware of the ineffectiveness shall apply.

18 FINAL PROVISIONS / INCEPTION AND TERM

This Company Agreement shall incept on 1 January 2022. It may be terminated by giving notice with the
statutory period of notice in writing. This Company Agreement shall not have any after-effect after a notice of
termination.

After expiration of one year at the latest, the MD and the WC shall analyse the experience made with mobile
work and discuss whether adaptations to this Company Agreement appear to be necessary or useful.
Company Agreement Mobile Working Page 8 of 8

Bad Vilbel, 9 November 2021

Dr Thomas Brandstätt ppa. Christa Selzer Mario Gualdi Dr Arne Schäfer

Chairperson Head of the cor- Chair of the Vice Chair of the Works
of the Managing Direc- porate department Human Works Council Council
tors Resources