352. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, with which the minimum wage rate for domestic carers for Upper Austria is fixed

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 17 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 careerers-Upper Austria

M 19/2015/XXVI/99/16

Scope

§ 1. This minimum wage is valid:

1.		Spatial: for the province of Upper Austria;
2.		Personal and professional: for home-care workers, to which the House Concern Act, BGBl. No 16/1970, and its employers,
a)			who are not members of a collective-contracting entity in their capacity as employers of homeowners/domestic careerers, or
b)			if, after the entry into force of the minimum wage, they acquire collective bargaining capacity or join a collectivelycontractual body as long as no collective agreement is concluded for them.

Services according to § § 3 and 4 (1) Hausanxigergesetz

§ 2. (1) The monthly fee for the services to be provided in accordance with § § 3 and 4 (1) of the Hausanxigergesetz (Hausanxigergesetz) shall be:

1.		for apartments and other premises (business premises, magazines, garages, offices, ordinations, workshops and the like) per square metre of floor space 0,2489 €,
2.		for the cleaning of the pavement and its spread in the case of ice cream per square metre of the area to be cleaned 0,4506 €.
For houses with wooden climbs, the charge increases by 20% according to Z 1.

(2) As A Useful Area (par. 1) the total floor area minus the wall thicknesses shall be valid; staircases, open balconies and terraces, as well as cellar and attic rooms, insofar as they are not suitable for residential or commercial purposes, shall be used in the calculation of the Leave the usable area out of consideration.

(3) The replacement for the costs of the procurement of the cleaning works in the home (§ 4 para. 1 Z 1 lit. a to d of the Hausanxigergesetz) required materials in the form of a monthly surcharge shall be fixed at 15% of the remuneration determined in accordance with paragraph 1 (1) (1).

(4) The cash to be paid in order to open the gate in the prescribed blocking period will be € 4.50 if the services of the home-care provider (or the appointed representative/representative) are used before midnight (24 hours), if these services are used after 24 hours, set at 5, -- €.

(5) The sum resulting from para. 1 and 3 shall be rounded off in commercial terms by cent.

Services in accordance with § 4 para. 3 Hausanxigergesetz

§ 3. (1) In addition to the remuneration guaranteed to him/her by virtue of the § § 7 (1) and (12) of the House Concerned Law, the house concerned shall be entitled to the following remuneration in the case of the following work carried out at a house, with this additional fee being paid. is composed of the sum for the residential areas, other premises, sidewalks, other accessible areas and the supervision of the elevator.

1.		Once again, the simple payment:
a)			in the case of repair, installation of a heat or sound insulation of a Hoffassade (or Rear side) or gas façade (or Front). If you have Stiegenhausfenstern or Staircases made of glass are to be awarded a surcharge of 75%.
b)			in the case of the painting of the staircase, where there are several staircases and only some of them are to be painted, the proportion of the aliquot being due to the same amount. If you have Stiegenhausfenstern or Staircases made of glass are to be awarded a surcharge of 75%.
c)			in the case of alloying of a continuous riser under plaster (per knight), provided that this is not carried out at the same time as the painting of the staircase. The aliquot part is due to the laying of a line for individual floors or increased.
d)			for the installation of elevators (if aliquoting is possible, analogous to lit. c).
e)			for window exchange or Repair (in case of possible aliquoting analogue lit. c).
f)			in the case of roof repair or Expansion (in the case of possible aliquots analogous to lit. c).
2.a)			If the work is completed within a period of two months, if the work is completed within a period of two months, the payment of the fee for work after Z 1 will have to be carried out in an akeontowise manner monthly in the other case.
b)			The payment of the fee for work in accordance with Z 1 shall be effected in part immediately if the house-care service is terminated before completion of all repair and cleaning work.

(2) For the cleaning of refuse boxes as well as for the filling and replacement of refuse bins as well as for the cleaning of the trash disposal sites, a monthly flat rate is due, the amount of which is based on the actual work performance and under On the basis of the hourly wage set out in paragraph 3 above, it is to be calculated.

(3) For other services provided by the house concerned/in accordance with the agreement, an hourly wage of € 9.98 is due. In retrospect, this fee shall be calculated in such a way that the work performed in the previous month is no later than 10. of the following month. This hourly wage is valid only in so far as the minimum wage rate for the care and operation of facilities and facilities on real estate, M 20/2015/XXVI/99/17, other rates of pay is fixed.

(4) For the cleaning of a toilet used by the house parties a monthly fee of 22.34 € is due from each of these parties. For the cleaning of a toilet, which is used by an unspecified group of persons, a monthly fee must be paid for a monthly fee of € 22.34. Fee of 44.70 €.

(5) For an agreed purification of ecerritic soiling (in particular blood, urine, feces, vomit) in generally accessible rooms, a lump sum of € 59.95 per disposal is due. For an agreed cleaning of ecritic Pollution in generally accessible outdoor facilities (lawn area, sidewalk, etc.) is due to a flat-rate amount of 50% of the previous flat rate per cleaning.

(6) The fee referred to in paragraphs 1 to 5 shall be added to the surcharge in accordance with Section 2 (3).

(7) For a duty of attendance agreed in accordance with § 4 (3) of the Hausanxigergesetz (Hausanxigergesetz) an hourly wage of 7.32 € is due. On Sundays and public holidays this hourly wage increases to 14.64 €.

(8) If other cleaning activities according to para. 1 to 3 are to be carried out on a Sunday and public holiday for special reasons, a surcharge of 100% shall be required.

(9) A fee of 21,69 € per month is due for the supervision of a washing machine, including any additional equipment in a communal laundry room. If the supervisor is to be used for the use of these facilities, a fee of 5% of the amount collected will also be charged. For the billing of washing money (Münzzähler and the like) an amount of 9.98 € per month per laundry room is due.

Gehsteigreinigung

§ 4. For the cleaning of walking and other accessible areas, provided that they are not already included in the calculation of the remuneration in accordance with § 2 (1) Z 2, per square meter of walking area, the remuneration fixed in accordance with Section 2 (1) (2) (2) of the German Law on the Remuneration for the Cleaning of pavings as well as for sprinkling of gossip ice.

Holiday grant and Christmas Remuneration

§ 5. (1) A holiday grant shall be paid to the house concerned in each year in the amount of the remuneration due for the month of May and a Christmas remuneration in the amount of the remuneration due for the month of November, but at least one holiday grant. Holiday grant and a Christmas Remuneration in the amount of one twelfth of the annual reference.

(2) The holiday grant is to be paid at the time of the arrival of the holiday, but at the latest with the payment of the salary due for June, the Christmas Remuneration is to be paid no later than 30 November of each year.

(3) If the employment relationship begins or ends during the calendar year, the house concerned/in the holiday grant and Christmas remuneration shall be pro rata proportionally in accordance with the period of service completed in this calendar year.

Beneficiary clause

§ 6. Existing more favourable agreements will not be affected by this minimum wage.

Gelling Date

§ 7. This minimum wage rate changes the minimum wage rate of 25 November 2014, M 17/2014/XXVI/99/12, BGBl. II No. 316/2014, and enters with 1. Jänner 2016 in force.

Lukovich