436. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, with which the minimum wage rate for domestic carers for Lower Austria is set

The Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 22 (1) of the German Labour Constitution Act, BGBl. No. 22/1974, in the version of the Federal Law BGBl. I n ° 98/2012 authorises the minimum wage rate to be fixed at the request of a collective contractual body if no collective contract is effective for the sector concerned.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has set the following minimum wage rate with a decision of 11 December 2012 following the implementation of a senate negotiation:

Minimum wage rate

for domestic carers-Lower Austria

M 20/2012/XXVI/99/14

Scope

§ 1. This minimum wage is valid:

1.		Spatial: for the Land of Lower Austria;
2.		Personal and professional: for home-care workers, to which the House Concern Act, BGBl. No 16/1970, and its employers,
a)			who are not members of a collective-contracting entity in their capacity as employers of homeowners/domestic careerers, or
b)			if, after the entry into force of the minimum wage, they acquire collective bargaining capacity or join a collectivelycontractual body as long as no collective agreement is concluded for them.

Services according to § § 3 and 4 (1) Hausanxigergesetz

§ 2. (1) The monthly service to be provided for the services to be provided in accordance with § § 3 and 4 (1) of the Hausanxigergesetz (Hausanxigergesetz) shall be:

1.		for flats per square metre of floor area 0,2389 €,
2.		for other premises per square metre of usable area 0,2389 €,
3.		for the cleaning of the pavings and their dispersion in the case of Glatteis per square meter 0,4334 €.

(2) As a substitute for the costs of the procurement of the cleaning works according to § 4 paragraph 1 Z 1 lit. a to the house-care law required materials shall be fixed in the form of a surcharge for the remuneration in accordance with paragraphs 1, Z 1 and 2, to the extent of 15%. The surcharge is not part of the fee.

(3) The blocking money for opening the gate after the evening's usual closing until midnight is fixed at 4.64 €, after 24 o'clock until the usual door opening with 5.15 €. The blocking money shall be paid without regard to the number of persons to be expleted and persons who are to be left to the household of one of the persons belonging to the same/same person living in the house (Benützers/Benützerin).

(4) The sum resulting from para. 1 and 2 shall be rounded off in commercial terms by cent.

Services in accordance with § 4 para. 3 Hausanxigergesetz

§ 3. (1) In addition to the remuneration guaranteed to him/her by virtue of the § § 7 (1) and (12) of the House Concerned Law, the house concerned shall be entitled to the following remuneration in the case of the following work carried out at a house, with this additional fee being paid. is composed of the sum for the residential areas, other premises, sidewalks, other accessible areas and the supervision of the elevator.

1.		Once again, the simple payment:
a)			in the case of repair, installation of a heat or sound insulation of a Hoffassade (or Rear side) or gas façade (or Front). In the case of facades with staircase windows, a surcharge of 75% is due.
b)			in the case of the painting of the staircase, where there are several staircases and only some of them are to be painted, the proportion of the aliquot being due to the same amount. If Stiegenhausfenstern is present, a surcharge of 75% is due.
c)			in the case of alloying of a continuous riser under plaster (per knight), provided that this is not carried out at the same time as the painting of the staircase. The aliquot part is due to the laying of a line for individual floors or increased.
d)			in the case of installation of elevators (in the case of any aliquoting, analogous to lit. (b)
e)			in exchange or Repair of staircase windows (in case of possible aliquots analogous to lit. (b)
f)			in the case of roof repair or Extension (in the case of possible aliquots analogous to lit. (b)
2.a)			The fee for work after Z 1 is due in principle upon completion of the respective work. In the case of a remediation period of more than three months, half of the remuneration after Z 1 shall be paid for the fourth month after the start of the actual construction work, and the other half after completion of the work.
b)			If the home-care service ends before the completion of the work mentioned in Z 1, then the house-care provider is to be charged in proportion to the services already provided.
c)			If cleaning work according to Z 1 is to be carried out on special grounds on Sundays and public holidays, an additional fee of € 8.36 per hour must be paid.

(2) An hourly wage of € 8.36 is due for extraordinary other agreed work. This is increased to € 16.72 if the work is carried out for special reasons in the hours of night and/or the night. on Sundays and holidays. This fee shall be no later than 10 years. of the following month. This hourly wage is valid only in so far as the minimum wage rate for the care and operation of facilities and facilities on real estate, M 21/2012/XXVI/99/15, other rates of pay is fixed.

(3) For the cleaning of a toilet used by the house parties, a monthly fee of 21,99 € is due from each of these parties. For the cleaning of a toilet, which is used by an unspecified number of persons, with the exception of operational Facilities, due to a monthly fee of 52.53 €.

(4) For an agreed purification of ecerritic soiling (in particular blood, urine, feces, vomit) in generally accessible rooms, a lump sum of € 53.33 per disposal is due. For an agreed cleaning of ecerrentil Pollutions in generally accessible outdoor facilities (lawn area, sidewalk, etc.) should be subject to a flat-rate amount of 50% of the previous flat-rate amount per cleaning.)

(5) The fee referred to in paragraphs 1 to 4 shall be added to the surcharge in accordance with § 2 para. 2 if the cleaning work is concerned.

(6) For the care of a machine-based laundry room with up to four washing machines per laundry room, a fee of € 47.29 per month is due; for the care of a machine-based laundry room with more than four washing machines, the double pay is due. In addition, if the supervisor is to be used for the use of the facilities, a fee of 5% of the amount collected will also be charged.

(7) An hourly wage of € 6.04 is due to an agreed attendance obligation for the execution of other services other than those mentioned in § 4 (1) and (3) of the Hausanxigergesetz (Hausanxigergesetz). On Sundays and public holidays, this hourly wage is increased to € 12.08.

Cleaning of garbage boxes

§ 4. For the cleaning of refuse boxes as well as the filling and replacement of refuse bins as well as for the cleaning of refuse storage places, a monthly flat rate is due, the amount of which is based on the actual work performance and on the basis of the is to be calculated in accordance with Section 3 (2).

Gehsteigreinigung

§ 5. For the cleaning of sidewalks and other accessible areas, provided that they are not already included in the calculation of the remuneration in accordance with § 2 (1) Z 3, per square metre of walking or walking distance, respectively Area the remuneration according to § 2 para. 1 Z 3 for the cleaning of walking assays, as well as for the spreading of the gossip.

Holiday grant and Christmas Remuneration

§ 6. (1) A holiday grant shall be paid to the house concerned in each year in the amount of the remuneration due for the month of May and a Christmas remuneration in the amount of the remuneration due for the month of November, but at least one holiday grant. Holiday grant and a Christmas Remuneration in the amount of one twelfth of the annual reference.

(2) The holiday grant is to be paid at the time of the arrival of the holiday, but at the latest with the payment of the salary due for June, the Christmas Remuneration is to be paid no later than 30 November of each year.

(3) If the employment relationship begins or ends during the calendar year, the house concerned/in the holiday grant and Christmas remuneration shall be pro rata proportionally in accordance with the period of service completed in this calendar year.

Beneficiary clause

§ 7. Existing more favourable agreements will not be affected by this minimum wage.

Gelling Date

§ 8. This minimum wage rate changes the minimum wage rate of 21 November 2011, M 12/2011/XXVI/99/12, BGBl. II No 379/2011, and 1. Jänner 2013 in force.

Ritzberger-Moser