Determination Of The Minimum Wage For Caregivers (Assistants) And Caregivers Of Children In Private Kindergartens, Crèches And-Horten (Private Children Tagesheim)

Original Language Title: Festsetzung des Mindestlohntarifs für Helfer/innen (Assistent/innen) und Kinderbetreuer/innen in Privatkindergärten, -krippen und -horten (Privatkindertagesheimen)

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425. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, with the minimum wage rate for helpers (assistants/inn/en) and childcare workers in private kindergartens, cribs and horts (private daycare centres)

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 fixed the following minimum wage rate with a decision of 13 December 2011 following the implementation of a senate negotiation:

Minimum wage rate

for helpers (assistants/inn/en) and children's carers in private kindergartens, cribs and horts (private day care homes)

M 21/2011/XXII/96/2

Scope

§ 1. This minimum wage is valid for:

1.

Technical:

Private kindergartens, nursery crèches and horts (private day care homes), in their capacity as employers

a)

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

b)

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:

All employees of these private kindergartens, kinderkrippen and -horte (private day care homes), who as helpers (assistants/inn/en, child caregivers according to § 21 paragraph 2 Steiermärkisches Kinderbildungs-und childcare act, LGBl. N ° 22/2000 idF LGBl. No 61/2011).

Contents

§ 2. (1) The amount of the minimum wage is:

monthly gross wage of €

1. and 2 years

1 280, --

in the 3. and 4. Professional Year

1 310, --

in 5. and 6. Professional Year

1 340, --

in the 7th and 8. Professional Year

1 370, --

in the 9th and 10. Professional Year

1 395, --

in the 11th and 12. Professional Year

1 415, --

in the 13th and 14. Professional Year

1 435, --

in the 15th and 16. Professional Year

1 455, --

17., 18. and 19. Professional Year

1 475, --

20., 21. and 22. Professional Year

1 495, --

in the 23rd, 24th, 25th and 26. Professional Year

1 515, --

from the 27. Professional Year

1 535, --

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

(3) Helpers in special kindergartens or Helpers, who are mainly used for a kindergarten group run as a healing pedagogically integrative, will receive a diversion allowance of 48.20 € per month.

General provisions

§ 3. (1) All employees shall receive in the calendar year the entry of their legal vacations, if they are granted in part, on the arrival of the longer holiday part, at the same time as the first holiday part, but at the latest on the 30th. June is a holiday grant in the amount of a monthly gross wage.

(2) At the latest on 30 November, all employees will receive a Christmas Remuneration in the amount of a monthly gross wage.

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

(4) If a worker is/in receipt of the holiday allowance or the Christmas Remuneration due for the current calendar year, his/her employment relationship is cancelled out of his/her employment relationship without important reason prematurely. He/she/she/she/she/she/she/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her Allow claims (in particular residual content) to be taken into account.

(5) The employer is obliged to hand over the salary, allowances and deductions in the event of any salary payment by the employee/employee. In the case of employment relationships, the employee and self-employment law of the company, BGBl. I n ° 100/2002 idF BGBl. I n ° 77/2011, the proof of settlement must also include the amount paid into the operating pension fund and the basis for the assessment of the amount.

(6) Overtime work is available if the requirements of § 6 of the German Working Time Act (Arbeitszeitgesetz, BGBl) are met. No. 461/1969, idF BGBl. I No 93/2010. The overtime pay consists of the basic hourly wage and a surcharge of 50%. The basic hourly wage for calculating the overtime pay is 1:160 (a one-hundred-sixtieth) of the gross salary. For work on the 24th A surcharge of 100% is due for 31 December.

(7) The occupational years for the salary boards are the periods during which child-care activities were carried out in the sense of the minimum wage.

(8) Existing more favourable agreements will not be affected by this minimum wage.

Onset of effectiveness

§ 4. This minimum wage is 1. Jänner 2012 in force. It changes the minimum wage rate of 10.12.2010, M 31/2010/XXII/96/2, BGBl. II No 425/2010.

Ritzberger-Moser