Fixing Of The Minimum Wage For Domestic Workers For Austria

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

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418. 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 the household for Austria

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 ° 111/2010 authorised to fix, at the request of a collective agreement, the minimum wage if no collective agreement is effective for the industry concerned.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has set the following minimum wage rate with a decision of 9 November 2012 following the implementation of a senate negotiation:

Minimum wage rate

for employees in the household for Austria

M 2/2012/XXV/99/1

Scope

§ 1. This minimum wage is valid:

1.

Spatial: for the federal territory of the Republic of Austria;

2.

technically and personally: for workers who are under the I. Part of the Labour Constitution Act of 14 December 1973, BGBl. No 22/1974, as amended, and

a)

under the domestic law of the house-and house-law (HGHAngG) of 23 July 1962, BGBl. No 235, as amended;

b)

do not fall under the HGHAngG, but at the employer/in/n,

-

for which there is no collective contractual entity or which are not self-collectivelyable or

-

which, after the entry into force of the minimum wage, acquire the collective bargaining capacity or accede to a collective contractual body as long as no collective contract is concluded for them;

to carry out relevant cleaning and cleaning work or to carry out such work in private households on behalf of such employers in the case of third persons. Excluded are those workers whose cleaning and cleaning work is to be regarded as maintenance and clean-keeping of the house.

Remuneration

§ 2.

A.

The following housekeede/inn/en and domestic workers with home and board with the employer/in fees for a working time of 238 hours (for the legal working hours according to § 5 paragraph 1 Z 1 lit. (b HGHAngG) the monthly minimum monthly gross wage, unless otherwise specified in § 9. The aliquot part is due for a lower number of hours.

1.

Housekeede/inn/en without cooking

a)

b)

c)

1.-5. Professional Year

1 100.60

1 122,40

1 144,20

from 6. Professional Year

1 108.30

1 130.10

1 151,90

from 11. Professional Year

1 115,90

1 142.40

1 164,80

The pay for lit. b is due to the proof of a relevant education (one-year professional school), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

2.

Housekeeel/inn/en with cooking

a)

b)

c)

1.-5. Professional Year

1 155.30

1 212,70

1 291,80

from 6. Professional Year

1 199.10

1 322.80

1 415.50

from 11. Professional Year

1 409,90

1 576,40

1 686,10

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed cooking course of at least three months duration), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

3.

Chefs, cooks

a)

b)

c)

1.-5. Professional Year

1 227,80

1 359,20

1 454,30

from 6. Professional Year

1 320.50

1 489,10

1 593,30

from 11. Professional Year

1 590,40

1 772,40

1 896, --

The pay for lit. b is due to be proof of a relevant education (one-year professional school or completed cooking courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

4.

Managers, housekeepers, housekeepers

a)

b)

c)

1.-5. Professional Year

1 246,30

1 388,10

1 485,20

from 6. Professional Year

1 361,10

1 520, --

1 626,60

from 11. Professional Year

1 620.70

1 808,20

1 935,20

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed relevant courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

Managers and housekeepers, who are subject to at least two employees, receive an additional 105, -- € per month.

5.

Children and/or Infant caregivers

a)

b)

c)

1.-5. Professional Year

1 122,30

1 184,10

1 245,40

from 6. Professional Year

1 173,90

1 267,20

1 348.60

from 11. Professional Year

1 343,10

1 501,40

1 606.80

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed relevant courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

For the care of an infant (up to the completion of the second year of life) charges additionally 210, -- € per month.

6.

Sick and Senior Caregiver

1.-5. Professional Year

1 262,40

from 6. Professional Year

1 371, --

from 11. Professional Year

1 633, --

If care work is required and agreed during the night between 10 p.m. and 6 a.m. in addition to the day care at the same employer/in the same employer, a surcharge of 485, -- € will be charged.

7.

Certified health and nursing staff

1.-5. Professional Year

1 510,60

from 6. Professional Year

1 654,60

from 11. Professional Year

1 968, --

If care work is required and agreed during the night between 10 p.m. and 6 a.m. in addition to the day care at the same employer/in the same employer, a surcharge of 485, -- € will be charged.

8.

Children's and Hort pedagogues with proof of competence, educators with proof of competence

1.-5. Professional Year

1 509.60

from 6. Professional Year

1 653,70

from 11. Professional Year

1 966,80

9.

Home-denominationist/inn/en and animal caregiver

a)

b)

1.-5. Professional Year

1 194,40

1 274.50

from 6. Professional Year

1 283,90

1 389,10

from 11. Professional Year

1 509,10

1 651, --

The pay for lit. a is due in the case of proven teaching, the wage after lit. b is due in the case of use in the learned profession.

B.

The following gross hourly earnings, unless otherwise specified in § 9, shall be charged to the following gross hourly earnings for domestic workers and domestic workers not included in the domestic community of the employer.

1.

Housekeede/en/en without cooking:

a)

b)

c)

1.-5. Professional Year

7.84

8.76

9.38

from 6. Professional Year

8.58

9.59

10.23

from 11. Professional Year

10.17

11.37

12.16

The pay for lit. b is due to the proof of a relevant education (one-year professional school), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

2.

Housekeeel/inn/en with cooking

a)

b)

c)

1.-5. Professional Year

8.10

9.05

9.68

from 6. Professional Year

8.87

9.88

10.57

from 11. Professional Year

10.50

11.72

12.57

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed cooking course of at least three months duration), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

3.

Chefs, cooks

a)

b)

c)

1.-5. Professional Year

8.33

9.30

9.95

from 6. Professional Year

9.10

10.16

10.85

from 11. Professional Year

10.79

12.06

12.92

The pay for lit. b is due to be proof of a relevant education (one-year professional school or completed cooking courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

4.

Managers, housekeepers, housekeepers

a)

b)

c)

1.-5. Professional Year

8.58

9.59

10.39

from 6. Professional Year

9.32

10.49

11.44

from 11. Professional Year

11.15

12.46

13.60

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed relevant courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

Managers and housekeepers, who are subject to at least two employees, will receive an additional € 1.20 per hour.

5.

Children and/or Infant caregivers

a)

b)

c)

1.-5. Professional Year

8.51

9.50

10.28

from 6. Professional Year

9.31

10.38

11.24

from 11. Professional Year

11.03

12.32

13.37

The pay for lit. b is due to the proof of a relevant education (one-year professional school or completed relevant courses of a total duration of at least six months), the salary according to lit. c in case of proof of a two-year professional training or completed apprenticeship, in the other cases the salary is due to lit. a.

For the care of an infant (up to the completion of the second year of life) charges an additional 1.40 € per hour.

6.

Sick and Senior Caregiver

1.-5. Professional Year

10.80

from 6. Professional Year

11.82

from 11. Professional Year

14.05

If care work is required and agreed on the night between 10pm and 6am in addition to the day care at the same employer/in the same employer, a surcharge of 26, -- € per night is due.

7.

Certified health and nursing staff

1.-5. Professional Year

11.25

from 6. Professional Year

12.30

from 11. Professional Year

14.63

If care work is required and agreed on the night between 10pm and 6am in addition to the day care at the same employer/in the same employer, a surcharge of 26, -- € per night is due.

8.

Children and/or Hortpedagogue/inn/en with proof of qualifications, educators with proof of competence

1.-5. Professional Year

11.25

from 6. Professional Year

12.29

from 11. Professional Year

14.62

9.

Home-denominationist/inn/en and animal caregiver

a)

b)

1.-5. Professional Year

9.07

9.93

from 6. Professional Year

9.93

10.85

from 11. Professional Year

11.77

12.89

The pay for lit. a is due in the case of proven teaching, the wage after lit. b is due in the case of use in the learned profession.

Naturalbetrains

§ 3. If the employee is to use an agreed apartment and/or Catering not in a position (e.g. B. Service prevention due to illness, waiver of service during the period of notice, if there is a justified early exit and if there is an unfounded period of dismissal, leave), then these benefits are to be paid in cash and to be paid per Calendar day at the level of one 30th of the valuation rate set for the valuation of benefits in kind for social security. Depending on the type of reference, the individual components shall be calculated in fractions, with the calculation of each 1/10 for breakfast, forked breakfast and snack, 3/10 for lunch, 2/10 for dinner and 2/10 for living, heating and lighting.

Wage surcharges

§ 4.

1.

Employees according to § 2, Section A, Z 1 to 4, who, in addition to their work, are responsible for children during at least one quarter of their monthly working hours, are awarded a supplement of 75, -- € for the first child and 49, -- € for every other child every month.

2.

Employees according to § 2 Section B Z 1 to 4, who, in addition to their activities, take care of children, receive an extra charge per hour of € 0.45 for the first child and € 0.30 for each additional child.

3.

Workers, cleaning work by professionals (painters, installers, etc.) , get a surcharge of 2.70 € per hour.

4.

For multiple-work services pursuant to § 5 (5) (5) to (7) and § 6 (5) of the HGHAngG (HGHAngG), a 50% surcharge on working days and 100% on Sundays and public holidays is due for the lack of an agreement which is more favourable to the employee.

5.

Working aprons are to be provided to the employee at the expense of the employer (s) in the event of a service. If the employer/employee requires special clothing, the employer must provide the employer for free.

Christmas Remuneration

§ 5. In each calendar year, the employee shall be entitled to a Christmas Remuneration, payable on 1 December, in the amount of a monthly reference, corresponding to the average of the last full six gross monthly salary. If the employment relationship on the due date has not taken place yet, or if it has been dissolved before the due date, the aliquot part of the Remuneration shall be due.

Holiday grant

§ 6. These are not under the Hausgehilfen-und Hausangestelltengesetz, BGBl. No 235/1962, in the current version, falling workers should be entitled to a holiday grant which is to be calculated in accordance with § 9 para. 2 HGHAngG.

Accounting certificate

§ 7. The employer shall be obliged to pay the employee a precise date of payment of the hours worked, the remuneration, the allowances and the deductions not later than one month after the payment of the payout payment. . In the case of employment relationships, the employee and self-employment law of the company, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I n ° 35/2012, the proof of settlement must also include the contribution to the operating pension fund and its tax base.

Professional years

§ 8. (1) As a professional year, the proven years of activity as a worker are considered to be employed in private households. Periods of service in other conditions of employment, with the exception of apprenticeship periods, are considered to be a professional year if the worker (s) has carried out mainly the same type of activity.

(2) 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 set off for a maximum period of 12 months as a professional year. This applies to Karenzen starting on 1 January 2013 or after.

Transitional arrangements

§ 9. (1) Existing cheaper agreements shall not be worsened. Agreements with minimum wages based on the minimum wage rates from 2011 will not be diminuded, as far as they are more favourable than the newly fixed tariffs.

(2) In the Federal States of Vienna and Lower Austria, § 2 shall apply with the proviso that the gross hourly earnings normalized in § 2 Section B shall be 90% from 1.1.2013, to an extent of 95% from 1.1.2015 and to an extent of 100% from 1.1.2017. Fees. § 2 shall apply in the province of Upper Austria with the proviso that the gross hourly earnings standard in § 2 Section B shall be 95% as of 1 January 2013 and 100% as of 1 January 2015. The resulting gross hourly earnings are to be rounded off in commercial terms by cent.

(3) (2) does not apply to the surcharges set out in Section 2 Section B.

Onset of effectiveness

§ 10. This minimum wage will enter into force on 1 January 2013. It changes the minimum wage rates for employees in the household for Burgenland, BGBl. II No. 414/2010, for Carinthia, BGBl. II No. 411/2010, for Lower Austria, BGBl. II No 381/2010, for Upper Austria, BGBl. II No 379/2010 idF BGBl. II No. 415/2010, for Salzburg, BGBl. II No 374/2010, for Steiermark, BGBl. II No. 408/2010, for Tyrol, BGBl. II No 372/2010 idF BGBl. II No. 23/2011, for Vorarlberg, BGBl. II No 365/2010, and Vienna, BGBl. II No 384/2010.

Ritzberger-Moser