Determination Of The Minimum Wage Rate For Workers In Private Child Care Facilities

Original Language Title: Festsetzung des Mindestlohntarifs für Arbeitnehmer/innen in privaten Kinderbetreuungseinrichtungen

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2012_II_432/BGBLA_2012_II_432.html

432 regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, with the minimum wage rate for workers in private child care facilities 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. 98/2012 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 decision of 7 December 2012 following a Senate hearing:

Minimum wage rate

for workers in private child care facilities

M 14/2012/XXII/96/2

Scope

§ 1. This minimum wage tariff is valid for: 1 Professional: a) private kindergartens, nurseries and crèches (private children Tagesheim), b) clubs which employ Tagesmütter(-Väter) and c) natural or legal persons employing child carers in self-organised or parents-managed children's groups, which in its capacity as an employer - neither are even capable of collective agreement member of a collective agreement enabled body after entry into force of the minimum wage tariff gain the ability of collective agreement or join a collective agreement enabled corporate , as long as no collective bargaining agreement is completed for them.

2. spatial: Republic of Austria.

3. personally: a) employees of private nursery schools, crèches and-horten (private children Tagesheim), b) Tagesmütter(-Väter) which are employed by clubs or private kindergartens and care for children in the home, and c) child carers in self-organised or parents-managed groups of children.

Tariff conditions for employees of private nursery schools, crèches and-horten (private children Tagesheim)

2. (1) the monthly gross salary of Kindergartenpädagog migrants, Hortpädagog migrants, graduated kids nurses (-nurse), is certified Sozialpädagog migrants, teachers and qualified Elementarpädagog migrants:

 



 



monthly gross salary of €



in the 1st and 2nd year of the professional



1 943,--



in the 3rd and 4th year of the professional



1 987,90



in the 5th and 6th year of professional



2 025,30



in the 7th and 8th professional year



2 069,60



in the 9th and 10th year of the professional



2 117,90



in the 11th and 12th professional year



2 163,90



in the 13th and 14th year of professional



2 210,80



in the 15th and 16th year of professional



2 257,60



in the 17th and 18th professional year



2 303,90



in the 19th and 20th year of professional



2 350,30



the 21 and 22 Professional year



2 396,10



in the 23rd and 24th professional year



2 442,30



in the 25th and 26th career year



2 489,--



in the 27th and 28th career year



2 535,70



in the 29th and 30th professional year



2 582,10



31 vocational year up 36.



2 628,10



in the 37th and 38th career year



2 643,90



the 39th and 40th year of occupation



2 689,--receive (2) certified Sonderkindergartenpädagog migrants in kindergardens monthly a difficulty supplement €171,60.

(3) Kindergartenpädagog migrants in kindergardens para 2 receive 50% of the allowance after.

(4) nursery leaders receive a monthly allowance of the cable by gross

 



 







in a group



66,30



two groups



114,60



among these three groups



145.50



four groups



178,50



deserves a surcharge for each additional group of



33,30 (5) workers in private kindergartens, nurseries and - hoarding, which is not covered by paragraph 1 and mostly self responsibility leading a group, and employee training to the / to the qualified elementary teacher/elementary teacher receive 85% of their monthly gross salary according to para 1 in accordance with the years of experience.

(6) If a / e kindergarten kindergarten teacher / kindergarten Director by at least 12 days continuously represents, thus a representation allowance of 1/30 of the management allowance per day for the duration of the actual representation is fitting for the / the representative.

(7) part time employees earn the aliquot portion of salary rates listed under paragraph 1, 2, 3 and 5. For one work hour 1:165 of the respective gross monthly salary can be expected. The management allowance should be given in full.

(8) for the content panels according to para 1 and 5 times, in which predominantly work in child care in a child care facility are considered years experience (§ 1 Z 1) be exercised, regardless of whether the professional years in an institution, set aside that is subject to this minimum wage rate. The salary increase is by entering a higher professional year with the first day of that month in power, in which falls the beginning of new professional.

Tariff conditions for Tagesmütter(-Väter), which are employed by clubs or private kindergartens and care for children in the home

405,--receive € § 3 (1) Tagesmütter(-Väter) as a month's salary for each child. Tagesmütter(-Väter) (for example Kindergartenpädagog / inn / en, Hortpädagog migrants, obtained his diploma in Kinderkrankenschwestern(-Pfleger), graduated Sozialpädagog migrants and teachers) receive an allowance with relevant training beyond 20%. After each three years as Tagesmutter(-Vater) to - regardless of the number of children - a supplement of €19,50 per month. This month's salary (including any allowances or charges) includes no cost dentures, how about food posts.

(2) for the care of children with disabilities - children, for which the parents refer to increased family allowance - is per child due to the 1½-fache amount, as provided for in paragraph 1.

(3) in the calculation of overtime and overtime by Tagesmüttern(-vätern) is the respective monthly salary basis to lay.

(4) part-time employees receive the aliquot portion of salary rates listed under paragraph 1. For one work hour 1:165 of the respective gross monthly salary can be expected.

Tariff conditions for child carers in organised/parents self-managed groups of children

Child carers in organised/parents self-managed groups of children receive § 4 (1) 80% of the monthly gross salary according to § 2 para 1 in accordance with the years of experience. Child carers in itself organised/parents managed groups of children with an education - according to the certificate of the Federal Association of Austrian Elternverwalteter child groups or a similar training - receive 90% of their monthly gross salary according to § 2 para 1 in accordance with the years of experience. Child carers in itself organised/parents managed groups of children with an education according to § 2 para 1 receive the respective monthly salary according to § 2 para 1 in accordance with the years of experience.

(2) part-time employees receive the aliquot portion of salary rates listed under paragraph 1. For one work hour 1:165 of the respective gross monthly salary can be expected.

(3) for the content panels referred to in paragraph 1, the times in which activities in the child care in the sense of this minimum wage tariff were predominantly exercised apply as a career. The salary increase is by entering a higher professional year with the first day of that month in power, in which falls the beginning of new professional.

General terms and conditions

5. (1) the following provisions apply to all falling under these minimum wage workers.

(2) all workers receive a holiday allowance amounting to a monthly salary (including all due to this minimum wage tariff allowances and supplements, except representation allowance referred to in § 2, para. 6) large in equal parts of holiday at the start of the first part of the holiday - in the calendar year at the start of their statutory holiday - if this is granted in parts at the start of the long, but no later than on June 30. When day mothers/fathers, the monthly gross salary (including all due to this minimum wage tariff allowances and supplements) is calculated according to the average of the last 13 weeks.

(3) all workers receive a Weihnachtsremuneration amounting to a gross monthly salary (including all due to this minimum wage tariff allowances and supplements, except representation allowance referred to in § 2 section 6) on 30 November at the latest. When day mothers/fathers, the monthly gross salary (including all due to this minimum wage tariff allowances and supplements) is calculated according to the average of the last 13 weeks.

(4) If an employment relationship started during a calendar year or finish, so the aliquot of the holiday allowance and the Weihnachtsremuneration belongs.

(5) If a / e workers after receiving the terminated the employment relationship itself, for the current calendar year due vacation allowance or Weihnachtsremuneration prematurely exits from employment without cause or due to existence of an important reason will be released early, he or she must bring in the current calendar year proportionally too much aid per vacation or Weihnachtsremuneration on the of employment claims (in particular the residual content) into account leave.


(6) the employer is obliged to pass a detailed, dated statement of salary, allowances and deductions / the workers in each salary payment.

(7) overtime work is if the conditions of § 6 No. 461/1969, 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) of the gross salary.

(8) a surcharge of 100% is due to for work on 24 and 31 December.

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

(10) unpaid is second sentence after 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, to the extent of not more than 12 months for the classification in the content panel or the entitlement of the contract pursuant to § 3 para 1. This applies to unpaid, beginning from the 1.1.2013 or later.

Beginning of the effectiveness

This minimum wage rate shall enter into force 1 January 2013. He changes the minimum wage rate of the 13.12.2011, M 20/2011/XXII/96/1, Federal Law Gazette II No. 426/2011.

Ritzberger-Moser