Determination Of The Minimum Wage For Workers Employed In Private Educational Institutions

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

367. 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 employed in private education institutions

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 No 71/2013 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.

By order of 16 November 2015, the Federal Ministry of Labour, Social Affairs and Consumer Protection has fixed the following minimum wage rate following the implementation of a senate negotiation:

Minimum wage rate

for workers employed in private educational institutions

M 23/2015/XXIII/97/1

Scope

§ 1. This minimum wage is valid:

1.

Spatial: for the Republic of Austria;

2.

Personal: for workers who fall under the I. Part of the Labour Constitution Act and their employers,

a)

which are neither collective contractual nor a member of a collectivelyable entity, or

b)

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

3.

Technical: for private educational institutions which have the subject of teaching content in accordance with Article 3 (2) (2) (1) of the School Organisation Act, as well as institutions for political, social and economic education, institutions for the continuing vocational training, institutions for the recovery, continuation and expansion of schooling, training facilities for adult educators, institutions offering education as a means of life-management, and Language institutes.

Excluded from the scope of this minimum wage are institutions with an artistic educational goal as well as training facilities within the meaning of § 30 of the Vocational Training Act and institutions which provide supplementary training within the meaning of Section 2a (1) and (2) of the Vocational Training Act (training association), provided that the main activity of these institutions is not in the preparation for the final examination according to Article 23 (5) (5 lit). a Vocational Training Act.

Excluded are private educational institutions, which are subject to the respective applicable statutes of the collective agreement for the employees of private educational institutions.

Salary Scheme

§ 2. The minimum salaries shall be as follows:

1.

Employment Group 1

Employees with teaching activities:

The minimum gross salary is per teaching unit of 50 minutes including pre- and post-work in the following years of teaching:

a)

b)

c)

with teaching activity

with teaching activities and training provided for in company

with a relevant academic degree or state teacher training

1.-5. Professional Year

24.60

25.90

27.10

from the 6th Professional Year

25.80

27.10

28.30

from the 11th Professional Year

27.10

28.50

29.70

from the 16th Professional Year

28.20

29.60

31, --

from the age of 21 Professional Year

29.50

30.90

32.30

The monthly salary is calculated as follows: minimum salary per teaching unit times agreed monthly lessons (teaching commitment).

2.

Employment Group 2

Technical staff with relevant training, writing staff with a knowledge of phonotypy, auxiliary staff in the accounting system, casinos, workers who are involved in the care and operation of installations and facilities, and the other Operating premises in accordance with § 1 Z 3 of this minimum wage tariff are entrusted.

For the normal working hours of 40 hours per week, a monthly gross salary is due in the

from €

1. and 2. year of occupation

1 417, --

3. and 4. Professional Year

1 454, --

5. and 6. Professional Year

1 480, --

7. and 8. Professional Year

1 508, --

Year 9

1 613, --

10 and 11. Professional Year

1 710, --

12 to 14. Professional Year

1 801, --

15 to 17. Professional Year

1 942, --

from the age of 18 Professional Year

1 981, --

3.

Employment Group 3

Qualified technical staff, secretarial staff with a perfect knowledge of phonotypes or knowledge necessary for the holding, employees in the accounting department who are responsible for the management of accounts, German-speaking Correspondent.

For the normal working hours of 40 hours per week, a monthly gross salary is due in the

from €

1. and 2. year of occupation

1 524, --

3. and 4. Professional Year

1 560, --

5. and 6. Professional Year

1 673, --

7. and 8. Professional Year

1 773, --

Year 9

1 917, --

10 and 11. Professional Year

2 122, --

12 to 14. Professional Year

2 236, --

15 to 17. Professional Year

2 391, --

from the age of 18 Professional Year

2 437, --

4.

Employment Group 4

Qualified employees who are employed as assistants of clerks, self-employed accountants up to the raw balance sheet, self-employed wage calculators, self-employed secretaries/secretaries, clerks in the 1. Practical year, correspondent with sufficient foreign language skills and/or customer service. Persons who are linguistically qualified to provide translation services. In addition, in the area of IT: operators and persons who are responsible for the computerised production of layout and graphics.

People who provide learning and leisure care in the multicultural sector.

For the normal working hours of 40 hours per week, a monthly gross salary is due in the

from €

1. and 2. year of occupation

1 757, --

3. and 4. Professional Year

1 846, --

5. and 6. Professional Year

1 938, --

7. and 8. Professional Year

2 163, --

Year 9

2 443, --

10 and 11. Professional Year

2,700, --

12 to 14. Professional Year

2 857, --

15 to 17. Professional Year

3 079, --

from the age of 18 Professional Year

3 141, --

5.

Employment Group 5

Executive staff of accounting and/or payroll accounting, independent clerks with multi-year practice, persons with matura and activity-related training, as well as multi-year practice.

System managers in the area of IT, persons who are self-employed with programme development.

For the normal working hours of 40 hours per week, a monthly gross salary is due in the

from €

1. to 4. Professional Year

2 198, --

5. and 6. Professional Year

2 565, --

7. and 8. Professional Year

2 776, --

Year 9

3 004, --

10 and 11. Professional Year

3 190, --

12 to 14. Professional Year

3 348, --

15 to 17. Professional Year

3 581, --

from the age of 18 Professional Year

3 652, --

6.

Employment Group 6

Employees who are responsible for the management of internal-company institutions; direct assistant.

For the normal working hours of 40 hours per week, a monthly gross salary is due in the

from €

5. to 9. Professional Year

2 885, --

10 to 14. Professional Year

3 409, --

15 to 17. Professional Year

3 931, --

from the age of 18 Professional Year

4 006, --

7.

Employment Group 7

Persons responsible for the management of the company.

For the normal working hours of 40 hours per week, a monthly fee is due

from €

from the 5th Professional Year

3 409, --

General provisions

§ 3. (1) All employees receive a Christmas and holiday pay per calendar year, depending on the amount of a monthly salary, calculated according to the average earnings of the last six months before due date, with the exception of the Overtime pay. The maturity of the Christmas Remuneration will take place on 1 December, during the holiday period before the start of the holiday, but at the latest on 1 June. If a worker, after receiving the Christmas or Holiday Remuneration due for the current calendar year, dismises his/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her employment pre If an important reason is dismissed, he/she has to pay the Christmas and/or holiday remuneration in the current calendar year to his/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her Allow to be taken into account.

(2) Overtime work is available if the requirements of § 6 of the German Working Time Act (Arbeitszeitgesetz, BGBl) are fulfilled. No 461/1969, as in force in the current version. The overtime pay consists of the basic hourly wage and a surcharge of 50%. The basic hourly wage is 1/143 (one hundred and forty-three) of the gross salary.

(3) The periods in which predominantly teaching or predominantly training activities have been carried out shall be considered to be a professional year for the Employment Group 1. The periods of practical employment for the employment groups 2 to 7 shall be considered as occupational years. 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.

(4) In an employment relationship with mixed activity from the employment groups 1 on the one hand and 2 to 7 on the other hand, the charge shall be calculated in accordance with the activities of aliquot.

(5) periods of employment of statutory parental leave and hospice carences taken from the first. Starting January 2013, the next higher level is to be expected for an advance in the next higher level up to the maximum of 10 months per Karenz.

Beginning of validity

§ 4. This minimum wage is 1. Jänner 2016 in Kraft and changes the minimum wage rate of 9 December 2014, M 25/2014/XXIII/97/1, BGBl. II No 344/2014.

Binder