Determination Of The Minimum Wage For Caregivers (Assistant Migrants) And Caregivers Of Children In Private Kindergartens, Crèches And-Horten (Private Children Tagesheim)

Original Language Title: Festsetzung des Mindestlohntarifs für Helfer/innen (Assistent/inn/en) und Kinderbetreuer/innen in Privatkindergärten, -krippen und -horten (Privatkindertagesheimen)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_423/BGBLA_2013_II_423.html

423 regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, used to set the minimum wage for caregivers (Assistant migrants) and caregivers of children in private kindergartens, creches and - and hoard (private children Tagesheim)

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 5 December 2013 after a Senate hearing:

Minimum wage rate

for caregivers (Assistant migrants) and caregivers of children in private kindergartens, crèches and hoard (private children Tagesheim)

M 22/2013/XXII/96/3

Scope

§ 1. This minimum wage tariff is valid for: 1 Professional: private kindergartens, nurseries and crèches (private children Tagesheim), in its capacity as an employer a) are not even capable of collective agreement or a collective agreement enabled corporate member or b) after entry into force of the minimum wage tariff gain the ability of collective agreement or join a collective agreement enabled Corporation, as long as no collective bargaining agreement is completed for them.

2. spatial: Republic of Austria.

3. personally: All workers of these private kindergartens, nurseries and crèches (private children Tagesheim), as are (Assistant migrants, child carers in the meaning of § 21 para 2 Styrian Kinderbildungs and care Act, LGBl. No. 22/2000 idF LGBl. Nr 61/2011) be employed.

Content

2. (1) the height of the minimum wage:



monthly gross salary of €



in the 1st and 2nd year of the professional



1 365,--



in the 3rd and 4th year of the professional



1 396,--



in the 5th and 6th year of professional



1 427,--



in the 7th and 8th professional year



1 458,--



in the 9th and 10th year of the professional



1 484,--



in the 11th and 12th professional year



1 504,--



in the 13th and 14th year of professional



1 525,--



in the 15th and 16th year of professional



1 545,--



in the 17th, 18th and 19th career year



1 566,--



in the 20th, 21st and 22nd career year



1 587,--



in the 23rd, 24th, 25th and 26th career year



1 607,--



from the 27 vocational year



(2) part time workers get 1 628,--the aliquot part of wage rates specified under paragraph 1. For one work hour 1:165 of the respective gross monthly salary can be expected.

(3) caregivers will receive a difficulty supplement in kindergardens or helpers, which are mainly used for a kindergarten class run as healing integrative €51,20 monthly.

General terms and conditions

§ 3 (1) all workers a grant holiday amounting to a monthly gross wage in the calendar year at the start of their statutory holidays, if this is granted in parts at the start of the longer, with the same major parts of holiday at the start of the first part of the holiday, am but no later than June 30.

(2) all workers receive a Weihnachtsremuneration in the amount of a monthly salary on 30 November at the latest.

(3) If an employment relationship started during a calendar year or finish, so deserves the aliquot part of the holiday grant and the Weihnachtsremuneration.

(4) If a / e be an employee upon receipt of the due for the current calendar year grant of holidays or the Weihnachtsremuneration / her employment relationship itself abolished, prematurely emerges from his or her employment without good reason, or due to existence of an important reason is dismissed, he or she must bring the in the current calendar year proportionally too much-related holiday allowance or Weihnachtsremuneration on their, of employment claims (in particular the residual content) into account leave.

(5) the employer is obliged to pass a detailed, dated statement of the pay, allowances and deductions / the workers in each salary payment. In working conditions, which the company employee and self-employed Pension Act, Federal Law Gazette I no. 100/2002 amended Federal Law Gazette I no. 184/2013, subject to, proof of billing has to contain also the amount paid into the company pension fund, as well as its base.

6) overtime work is if the conditions of § 6 No. 461/1969, idF BGBl I no. 71/2013, working hours Act, Federal Law Gazette. The overtime remuneration consists of the basic hourly rate and a 50% surcharge. The basic hourly rate for calculating overtime pay is 1:160 (a one hundred sechzigstel) salary. A surcharge of 100% is due to work on 24 and 31 December.

(7) for the content panel, the times in which activities in the child care in terms of the minimum wage tariff were exercised apply as a career. 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 12 months for the classification in the wage Board. This applies to unpaid, that begin from the effect. For unpaid, that have started before that date, section 3, paragraph 7, of the minimum wage tariff M remains 15/2012/XXII/96/3, Federal Law Gazette II No. 433/2012.

(8) existing, more favourable arrangements are not affected by these minimum wage rate.

 

 

 

Beginning of the effectiveness

 

§ 4. This minimum wage rate shall enter into force 1 January 2014. He changes the minimum wage rate of the 7.12.2012, M 15/2012/XXII/96/3, Federal Law Gazette II No. 433/2012.

Binder