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

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432. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which sets the minimum wage rate for employees in private childcare facilities

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 7 December 2012 following the implementation of a senate negotiation:

Minimum wage rate

for employees in private childcare facilities

M 14/2012/XXII/96/2

Scope

§ 1. This minimum wage is valid for:

1.

Technical:

a)

Private kindergartens, crèches and horts (private daycare homes),

b)

Vereine, the day-mothers (-fathers), and

c)

natural or legal persons responsible for organising and/or organising child-care workers in their own to employ parents-managed children's groups,

who, in their capacity as employers,

-

are not themselves collectively contractual, nor are members of a collectivelyable entity, or

-

after the entry into force of the minimum wage agreement, acquire collective contractual capacity or join a collectivelycontractual body as long as no collective agreement is concluded for them.

2.

Spatial: Republic of Austria.

3.

Personal:

a)

Employees of private kindergartens, crèches and horts (private daycare homes),

b)

Day-mothers (-fathers) who are employed by clubs or private kindergartens and who take care of children in their own household, and

c)

Child supervisors in self-organized or self-organized Parents-managed children's groups.

Charges for employees of private kindergartens, crèches and horts (private day care homes)

§ 2. (1) The monthly gross salary for kindergarten education/inn/en/en, Hortpädagog/inn/en, diplomierte Kinderkrankenschwestern (-pfleger), diplomierte Sozialpädagog/inn/en, teacher/innen und diplomierte Elementpädagog/inn/en ist:

monthly gross salary of €

1. and 2 years

1 943, --

in the 3. and 4. Professional Year

1 987,90

in 5. and 6. Professional Year

2 025,30

in the 7th and 8. Professional Year

2 069,60

in the 9th and 10. Professional Year

2 117.90

in the 11th and 12. Professional Year

2 163,90

in the 13th and 14. Professional Year

2 210,80

in the 15th and 16. Professional Year

2 257,60

in the 17th and 18. Professional Year

2 303,90

in the 19th and 20. Professional Year

2 350,30

in the 21st and 22. Professional Year

2 396,10

in the 23. and 24. Professional Year

2 442,30

in the 25th and 26. Professional Year

2 489, --

in the 27. and 28. Professional Year

2 535,70

in the 29th and 30. Professional Year

2 582,10

in the 31. up to 36. Professional Year

2 628,10

in the 37. and 38. Professional Year

2 643,90

in the 39. and 40. Professional Year

2 689, --

(2) Special kindergarten teachers in special kindergartens receive a monthly allowance of € 171.60 in special kindergartens.

(3) Kindergartenpädagog/inn/en in special kindergartens receive 50% of the allowance according to para. 2.

(4) Children's heads of kindergarten shall receive a monthly management allowance in the amount of gross

in a group

66.30

for two groups

114.60

for three groups

145.50

for four groups

178.50

for each additional group, a surcharge of

33.30

(5) Employees in private kindergartens, crèches and horsemen who do not fall under para. 1 and who mainly direct a group in self-responsibility, as well as employees in education and training in the field of diplomized Elementary educationalists receive 85% of the respective monthly gross salary in accordance with paragraph 1, taking into account the professional years.

(6) If a kindergarten teacher/kindergarten teacher represents the kindergarten teacher in an uninterrupted manner by at least 12 calendar days, the representative shall be entitled to a representation allowance of 1/30 of the line allowance per day for the duration of the Actual representation.

(7) Part-time employees shall receive the aliquot part of the salary rates referred to in paragraphs 1, 2, 3 and 5. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with. The line supplement is due to the full height.

(8) The periods during which predominantly child-care activities are carried out in a childcare facility (§ 1 Z 1) are considered to be a professional year for the salary boards referred to in paragraphs 1 and 5, irrespective of whether the professional years are carried out in a child-care institution. A facility subject to this minimum wage rate. The salary increase by entering a higher vocational year shall enter into force on the first day of the month in which the beginning of the new year of employment falls.

Compensation provisions for day-care mothers (fathers) who are employed by clubs or private kindergartens and who take care of children in their own household

§ 3. (1) Daily mothers (fathers) receive a monthly salary for each child 405, -- €. Daily mothers (fathers) with relevant training (e.g. In addition, a 20% allowance is provided for kindergarten pedagogues/inn/en, hortpedagogue/inn/en, diplomated pediatric nurses (nurses), diplomated social pedagogues/inn/en and teachers). After three years of work as a mother of the day (father), a surcharge of 19,50 € per month is due, regardless of the number of children under care. This monthly salary (including any allowances or surcharges) does not include any migration rates, such as food contributions.

(2) For the care of children with disabilities-these are children for which the parents receive increased family allowance-are due to the 1½-fold amount per child, as provided for in paragraph 1.

(3) In the calculation of extra-and overtime of day-mothers (-fathers), the respective monthly salary shall be based on the basis of the calculation.

(4) Part-time employees shall receive the aliquot part of the salary rates referred to in paragraph 1. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with.

Compensation provisions for childcare workers in self-organised/parental-managed children's groups

§ 4. (1) Child care workers in self-organised/parent-managed children's groups receive 80% of the respective monthly gross salary in accordance with § 2 para. 1 with due regard for the professional years. Child care workers in self-organised/parental-managed children's groups with an education-according to the certificate of the Federal Association of Austrian parent-managed children's groups or an equivalent training-receive 90% the gross monthly salary in accordance with section 2 (1), having regard to the professional years. Child supervisors in self-organized/parent-managed children's groups with an education according to § 2 para. 1 receive the respective monthly gross salary according to § 2 para. 1 with due regard for the professional years.

(2) Part-time employees shall receive the aliquot part of the salary rates referred to in paragraph 1. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with.

(3) As a professional year for the salary boards referred to in paragraph 1, the periods during which predominantly childcare activities have been carried out within the meaning of this minimum wage are applicable. The salary increase by entering a higher vocational year shall enter into force on the first day of the month in which the beginning of the new year of employment falls.

General provisions

§ 5. (1) The following provisions shall apply to all workers covered by this minimum wage.

(2) All employees shall receive in the calendar year the entry of their legal leave, if they are granted in part, on the arrival of the longer holiday part, at the same time as the first holiday part takes place-but at the latest on the 30th of the year. June a holiday allowance in the amount of a monthly gross salary (including all allowances and surcharges due under this minimum wage rate, with the exception of the representation allowance in accordance with § 2 para. 6). The monthly gross salary (including all allowances and surcharges due to this minimum wage) shall be calculated according to the average of the last 13 weeks in the case of the day-maternal/vätern.

(3) All employees shall receive a Christmas Remuneration at the latest on 30 November in the amount of a gross monthly salary (including all allowances and surcharges due under this minimum wage rate, with the exception of the representation allowance in accordance with § 2 Paragraph 6). The monthly gross salary (including all allowances and surcharges due to this minimum wage) shall be calculated according to the average of the last 13 weeks in the case of the day-maternal/vätern.

(4) If a working relationship is started or terminated during a calendar year, the aliquot part of the holiday allowance and the Christmas Remuneration shall be due.

(5) If a worker dismissed the employment relationship himself after receiving the holiday allowance or Christmas remuneration due for the current calendar year, leaving the employment relationship prematurely for no important reason or as a result of the employment relationship If an important reason is to be discharged prematurely, he/she shall be subject to the amount of holiday allowance or Christmas paid in the current calendar year to the claims arising from the employment relationship (in particular: The residual content is to be taken into account.

(6) The employer is obliged to hand over the salary, allowances and deductions in the case of any salary payment by the employee/to a precise date provided with a date.

(7) Overtime work is available if the requirements of § 6 of the German Working Time Act (Arbeitszeitgesetz, BGBl) are fulfilled. No. 461/1969. The overtime pay consists of the basic hourly wage and a surcharge of 50%. The basic hourly wage for the calculation of the overtime pay is 1:160 (one hundred and sixtieth) of gross salary.

(8) For work on 24. A surcharge of 100% is due for 31 December.

(9) Existing cheaper agreements shall not be affected by this minimum wage.

(10) Karenzen in accordance with the Maternity Protection Act or the Väterkarenzgesetz (Väterkarenzgesetz), which are used on the occasion of the birth of a child after the start of the employment relationship, are to be classified into the salary board for a maximum period of 12 months. The right to the surcharge in accordance with § 3, para. 1, second sentence. This applies to Karenzen starting on 1 January 2013 or after.

Onset of effectiveness

This minimum wage is 1. Jänner 2013 in force. It changes the minimum wage rate of 13.12.2011, M 20/2011/XXII/96/1, BGBl. II No 426/2011.

Ritzberger-Moser