369 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, crèches and-horten (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 decision of the 13th November 2015 after a Senate hearing:
Minimum wage rate
for caregivers (assistants) and caregivers of children in private kindergartens, crèches and-horten (private children Tagesheim)
§ 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 helpers (assistants, carers of children within the meaning of § 21 para 2 Styrian Kinderbildungs and care Act, LGBl. No. 22 / 2000 in the currently valid version) be employed.
2. (1) the height of the minimum wage:
monthly gross salary of €
in the 1st and 2nd year of the professional
in the 3rd and 4th year of the professional
in the 5th and 6th year of professional
in the 7th and 8th professional year
in the 9th and 10th year of the professional
in the 11th and 12th professional year
in the 13th and 14th year of professional
in the 15th and 16th year of professional
in the 17th, 18th and 19th career year
in the 20th, 21st and 22nd career year
in the 23rd, 24th, 25th and 26th career year
from the 27 vocational year
(2) part time workers get 1 711,--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 receive a difficulty supplement in kindergardens or helpers, which are mainly used for a kindergarten class run as healing integrative €54,--per month.
(4) caregivers get a dirt allowance during renovation work during operation for an increased amount of work (which included not the coarse and basic cleaning) € 5,--per hour for actually carried out cleaning work.
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 I, no. 100/2002, in its up-to-date version, govern the operational staff and self-employed Pension Act, Federal Law Gazette, has proof of billing also the amount paid into the company pension fund, as well as its tax base to contain.
6) overtime work is if the conditions of § 6 No. 461/1969, in its up-to-date version, 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 is 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, amounting to a maximum of 22 months for classification in the wage Board. This applies to unpaid, that begin from the 1.1.2015.
(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 2016. He changes the minimum wage rate of the 24.11.2014, M 9/2014/XXII/96/3, Federal Law Gazette II No. 307/2014.