Fixing Of The Minimum Wage For Domestic Workers For Austria

Original Language Title: Festsetzung des Mindestlohntarifs für im Haushalt Beschäftigte für Österreich

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_299/BGBLA_2014_II_299.html

299. Regulation of the Federal Agreement Office in the Federal Ministry for labour, Social Affairs and consumer protection, with the minimum wage for domestic workers for Austria shall be

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with section 22 paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, in the version of Federal Law Gazette I no. 71/2013 empowered to set the minimum wage at the request of a collective agreement-capable body, if no collective agreement is in effect for the sector concerned.

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection has set below minimum wage rate by order of 18 November 2014 to hold a Senate hearing:

Minimum wage rate

for household employees for Austria

M 7/2014/XXV/99/1

Scope

§ 1. This minimum wage rate applies:



1. space: for the Federal territory of the Republic of Austria;

2. professionally and personally: for workers, in the first part of the work constitutional law of December 14, 1973, BGBl. No. 22 / 1974, in the currently valid version, and a) under the House assistants and domestic employees Act (HGHAngG) by July 23, 1962, BGBl. No. 235, in its up-to-date version;

(b) not covered by the HGHAngG, however, when an employer — for the no collective agreement enabled corporate contains or which are not even capable of collective agreement or after entry into force of the minimum wage tariff gain the ability of collective agreement or a collective agreement enabled body join, as long as no collective bargaining agreement is completed for them, perform appropriate cleaning and cleaning-up operations or in behalf of such employer for third parties performing these jobs in private households. Those workers, their cleaning and cleaning-up operations are as maintenance and cleaning of the House are excluded.

Fee



§ 2.



A. in the following housemates/indoor and House employees with housing and meals at the / when the employer charges for a working time of 238 hours (for the statutory working time pursuant to § 5 para 1 Z 1 lit. b HGHAngG) below monthly Mindestbruttobarlöhne, as far as section 9 not otherwise is intended. The aliquot part deserves for a lower number of hours.

 



(1 housemates inside without cooking a)





b)





c)







 

























1st - 5th vocational year





1 162,--





1 185,--





1 208







6 Professional year





1 170,--





1 193,--





1 216,--







11th professional year





1 178,--





1 206,--





1 229,--





 



The reward after lit. b goes to proof of a relevant education (one-year technical school), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 2. housemaid students with cooking a)





b)





c)







 

























1st - 5th vocational year





1 219,--





1 280,--





1 363,--







6 Professional year





1 266,--





1 396,--





1 494,--







11th professional year





1 488,--





1 664,--





1 779,--





 



The reward after lit. b to a relevant training (one-year technical school or completed course of at least three months duration), wage after lit for demonstration. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 3. chefs, cooks a)





b)





c)







 

























1st - 5th vocational year





1 296,--





1 434,--





1 535,--







6 Professional year





1 394,--





1 572,--





1 681,--







11th professional year





1 678,--





1 870,--





2 001,--





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed cooking classes by at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 4. Rudolphhayley/inside, Haushälter/innen a)





b)





c)







 

























1st - 5th vocational year





1 315,--





1 465,--





1 567,--







6 Professional year





1 436,--





1 604,--





1 717,--







11th professional year





1 710,--





1 908,--





2 042,--





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed relevant courses of at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. Rudolphhayley students and Haushälter/innen, at least two workers are covered under that get an additional €111,--per month.

 



5. children or infant caregivers a)





b)





c)







 

























1st - 5th vocational year





1 202,--





1 265,--





1 339,--







6 Professional year





1 253,--





1 367,--





1 459,--







11th professional year





1 453,--





1 624,--





1 738,--





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed relevant courses of at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. for the care of an infant (up to the age of the second) fees in addition €222,--per month.

 



6 health and elderly carers €







1st - 5th vocational year





1 332,--







6 Professional year





1 447,--







11th professional year





1 723,--





 



When care work at night between 10: 00 and 6: 00 in addition to the day care when the / are required at same employer and agreed, deserves an extra monthly €512,--.

 



7 diploma health and nursing persons €







1st - 5th vocational year





1 594,--







6 Professional year





1 746,--







11th professional year





2 077,--





 



When care work at night between 10: 00 and 6: 00 in addition to the day care when the / are required at same employer and agreed, deserves an extra monthly €512,--.

 



8 child and Hortpädagog migrants with professional diploma, educators with qualification €







1st - 5th vocational year





1 593,--







6 Professional year





1 745,--







11th professional year





2 075,--





 



9 Hausprofessionist / inn / en and a keeper)





b)







 



















1st - 5th vocational year





1 261,--





1 345,--







6 Professional year





1 355,--





1 466,--







11th professional year





1 593,--





1 742,--





 



The reward after lit. a go to when proven teaching, wage after lit. b to use in the learned profession.

 

 



(B).
In the following Hausgehilf migrants and domestic workers, who are not in the household of / the employer / in are recorded, fees below gross hourly wages, as far as section 9 not otherwise is intended.

 



1 Hausgehilf / inn / en without cooking: a)





b)





c)







 


























1st - 5th vocational year





8.27





9.24





9.90







6 Professional year





9.05





10.12





10,79







11th professional year





10.70





11,96





12,79





 



The reward after lit. b goes to proof of a relevant education (one-year technical school), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 2 Hausgehilf students with cooking a)





b)





c)







 

























1st - 5th vocational year





8.55





9,55





10.21







6 Professional year





9,36





10,42





11,15







11th professional year





11.05





12.33





13,22





 



The reward after lit. b to a relevant training (one-year technical school or completed course of at least three months duration), wage after lit for demonstration. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 3. chefs, cooks a)





b)





c)







 

























1st - 5th vocational year





8.79





9.81





10.50







6 Professional year





9.60





10,72





11.45







11th professional year





11.35





12,69





13,59





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed cooking classes by at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. 4. Rudolphhayley/inside, Haushälter/innen a)





b)





c)







 

























1st - 5th vocational year





9.05





10.12





10,96







6 Professional year





9,83





11,07





12,07







11th professional year





11,73





13,11





14,31





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed relevant courses of at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a., Rudolphhayley students and Haushälter/innen, at least two workers are covered under that get an additional €1.27 per hour.

 



5. children or infant caregivers a)





b)





c)







 

























1st - 5th vocational year





8,98





10,02





10.35







6 Professional year





9.82





10.95





11.86







11th professional year





11,60





12,96





14,07





 



The reward after lit. b goes to proof of a relevant education (one-year technical school or completed relevant courses of at least six months duration), which wage after lit. (c) proof of a two-year professional training or completed relevant doctrine, in other cases the wage goes to after lit. a. fees for the care of an infant (up to the completion of the second year of life) an additional €1.48 per hour.

 



6 health and elderly carers €







1st - 5th vocational year





11.40







6 Professional year





12.47







11th professional year





14,78





 



When care work at night between 10: 00 and 6: 00 in addition to the day care when the / are required at same employer and agreed, deserves a surcharge of €27,43 per night.

 



7 diploma health and nursing persons €







1st - 5th vocational year





11,87







6 Professional year





12,98







11th professional year





15.39





 



When care work at night between 10: 00 and 6: 00 in addition to the day care when the / are required at same employer and agreed, deserves a surcharge of €27,43 per night.

 



8 children or hoard teachers candidates with qualification, educators with qualification €







1st - 5th vocational year





11,87







6 Professional year





12,98







11th professional year





15.38





 



9 Hausprofessionist / Interior and a keeper)





b)







 



















1st - 5th vocational year





9,57





10.48







6 Professional year





10.48





11.45







11th professional year





12,38





13.56





 



The reward after lit. a go to when proven teaching, wage after lit. b to use in the learned profession.

 

Naturalbezuege

§ 3. Is the worker to use of an agreed rental and/or catering unable (such as unavailability of the service due to illness, abandonment of service during the cancellation period, substantially premature exit and unfounded immediate dismissal, vacation), so these benefits in kind, in money are to be paid per calendar day in the amount of 30stel of the assessment rate set for the valuation of in-kind contributions for social security. The individual components shall be calculated with 1/10 for breakfast, Brunch and snack, 3/10 for lunch, 2/10 for dinner and 2/10 for housing, heating and lighting to calculate are depending on the reference type in a fraction.

Wage supplements



§ 4.



1 worker referred to in § 2 section A-Z 1 to 4, which care for children, in addition to their work as agreed during at least a quarter of their monthly working time for a surcharge of €80 for the first child and €52,--for each additional child monthly.

2. workers referred to in § 2 section B Z 1 to 4, which by Convention care for children in addition to their activity, for a surcharge per hour of €0,47 for the first child and €0.32 for each additional child.

3. workers who perform cleaning work for teacher candidates (Painters, installers, etc.), receive an additional €2.85 per hour.

4. overtime services pursuant to § 5 paragraph 5 to 7 and § 6 para 5 HGHAngG a surcharge of 50% deserves for absence of a more favourable for the employee agreement on working days and 100% on Sundays and public holidays.

5. work aprons are the workers at the expense of / to be the employer at the time of service in proper condition. Requires the employer of the / of the workers a special clothes, so has the employer to provide them free of charge.

Weihnachtsremuneration

§ 5. A maturing on December 1 Weihnachtsremuneration amounting to a month cover which corresponds to the average of the last full six gross monthly cash withdrawals to / of the workers in each calendar year. Has the employment relationship on the due date year lasted or was dissolved prior to the maturity date, so deserves the aliquot part of remuneration.

Vacation allowance

§ 6. The not under the House assistants and domestic workers Act, Federal Law Gazette No. 235/1962, as amended, covered by an employee a holiday allowance, which is to compute HGHAngG pursuant to § 9 para 2 deserves.

Proof of billing


§ 7. The employer is obliged to pass a settlement dated about the hours worked, remuneration, allowances and the deductions / the workers any fee payment no later than one month after payment. In working conditions, which I no. 100/2002, in its up-to-date version, subject to the operational employees and self-employed persons Pension Act, BGBl., proof of billing has to contain also the contribution to the corporate pension fund, as well as its base.

Years experience

§ 8 (1) years experience the proven years of relevant activity considered workers in private households. Service times in other working conditions, except lumberyards, are considered as years experience if the / employee has done mostly similar activities.

(2) unpaid are for maternity protection law or father parental leave law, taken on the occasion of the birth of a child after the beginning of the employment relationship claim into account to the extent of not more than 18 months as years experience. This applies to unpaid, beginning from the 1.1.2015 or afterwards.

Transitional arrangements

More favourable agreements existing section 9 (1) must not be worsened. Agreements with minimum wages on the basis of the minimum wage rate in 2011, not reduced as far as they are cheaper than the new fixed rates.

(2) § 2 subject to the proviso that you fees in § 2 section B standardised gross hourly wages from 1.1.2015 to an extent by 95% and from 1.1.2017 to an extent of 100% is considered in the States of Vienna and lower Austria. The resulting gross hourly wages are commercially be rounded to cents.

(3) section B standardized surcharges not apply section 2 section 2.

Beginning of the effectiveness

§ 10. This minimum wage rate changes the minimum wage rate of 9 November 2012, M 2/2012/XXV/99/1, Federal Law Gazette II No. 418/2012, and comes into force on January 1, 2015.

Binder