Key Benefits:
414. 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 Burgenland
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 ° 58/2010 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.
The Federal Ministry of Labour, Social Affairs and Consumer Protection has fixed the following minimum wage rate with a decision of 6 December 2010 following the implementation of a senate negotiation:
Minimum wage rate
for employees in the household-Burgenland
Scope
§ 1.
| 1. |
Spatial: for the Land of Burgenland; |
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| 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 |
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| a) |
under the domestic law of the house-and house-law (HGHAngG) of 23 July 1962, BGBl. No 235, as amended; |
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| b) |
do not fall under the HGHAngG, but at the employer/in/n, |
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| - |
for which there is no collective contractual entity or which are not self-collectivelyable or |
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| - |
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; |
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| 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. |
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Remuneration
§ 2.
| A. |
The following housekeede/inn/en and domestic workers with apartment and catering with the employer charges for a working time of 238 hours (for statutory working hours including willingness to work according to § 5 paragraph 1 Z 1 lit. b HGHAngG) the monthly minimum monthly gross wage. For a lower number of hours, e.g. Employees under 18 years of age (§ 5 paragraph 1 Z 1 lit. a HGHAngG) is due to the aliquot part. |
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| 1. |
Housekeede/inn/en without cooking |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
1 025, -- |
1 050, -- |
1 075, -- |
| from 6. Professional Year |
1 040, -- |
1 065, -- |
1 090, -- |
| from 11. Professional Year |
1 055, -- |
1 080, -- |
1 105, -- |
| 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. |
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| 2. |
Housekeeel/inn/en with cooking |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
1 112,90 |
1 129,20 |
1 209.80 |
| from 6. Professional Year |
1 112,90 |
1 236, -- |
1 324.30 |
| from 11. Professional Year |
1 315.50 |
1 473,50 |
1 578,50 |
| 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. |
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| 3. |
Chefs, cooks |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
1 112,90 |
1 243,90 |
1 332,80 |
| from 6. Professional Year |
1 215,90 |
1 361,80 |
1 459,20 |
| from 11. Professional Year |
1 449,30 |
1 623,20 |
1 739,40 |
| 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. |
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| 4. |
Managers, housekeepers, housekeepers |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
1 129.40 |
1 264,80 |
1 355,20 |
| from 6. Professional Year |
1 236.20 |
1 384,60 |
1 483,70 |
| from 11. Professional Year |
1 473,70 |
1 650,50 |
1 768,40 |
| 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. |
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| Managers and housekeepers, who are subject to at least two employees, receive an additional amount of € 96.80 per month. |
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| 5. |
Child care workers and infant care workers |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
1 042, -- |
1 112,90 |
1 146.80 |
| from 6. Professional Year |
1 112,90 |
1 171,70 |
1 255.50 |
| from 11. Professional Year |
1 247,20 |
1 396.80 |
1 496.50 |
| 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. |
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| For the care of an infant (up to the completion of the second year of life) charges additionally 195,50 € per month. |
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| 6. |
Sick and Senior Caregiver |
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| € |
|
| 1.-5. Professional Year |
1 162.50 |
| from 6. Professional Year |
1 272.50 |
| from 11. Professional Year |
1 516,80 |
| If care work is constantly required and agreed at night between 10pm and 6am in addition to the day care at the same employer, a surcharge of 460, -- € per month is due. |
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| 7. |
Qualified nurses/nurses |
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| € |
|
| 1.-5. Professional Year |
1 468,20 |
| from 6. Professional Year |
1 607,20 |
| from 11. Professional Year |
1 915,90 |
| If care work is constantly required and agreed at night between 10pm and 6am in addition to the day care at the same employer, a surcharge of 460, -- € per month is due. |
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| 8. |
Kindergardeners with proof of competence, educators with proof of competence |
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| € |
|
| 1.-5. Professional Year |
1 468,20 |
| from 6. Professional Year |
1 607,20 |
| from 11. Professional Year |
1 915,90 |
| 9. |
Home-denominationist/inn/en and animal caregiver |
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| a) |
b) |
|
| € |
€ |
|
| 1.-5. Professional Year |
1 117, -- |
1 196.70 |
| from 6. Professional Year |
1 222.70 |
1 310,20 |
| from 11. Professional Year |
1 457,50 |
1 561,80 |
| The pay for lit. a is paid to employees who are paid for lit. b is due in the case of completed training and the predominant use in the learned profession. |
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| Professional years: |
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| 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 employment relationships, with the exception of apprenticeship periods, are considered to be occupational years if the worker/worker has mainly carried out the same activities. |
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| B. |
The following gross hourly earnings shall be charged to domestic workers and domestic workers who are not included in the employer's domestic community: |
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| 1. |
Housekeede/en/en without cooking: |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
7.52 |
8.42 |
9.01 |
| from 6. Professional Year |
8.24 |
9.22 |
9.88 |
| from 11. Professional Year |
9.82 |
10.99 |
11.77 |
| 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. |
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| 2. |
Housekeeel/inn/en with cooking |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
7.66 |
8.55 |
9.17 |
| from 6. Professional Year |
8.39 |
9.37 |
10.03 |
| from 11. Professional Year |
9.97 |
11.16 |
11.97 |
| 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. |
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| 3. |
Chefs, cooks |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
7.80 |
8.72 |
9.35 |
| from 6. Professional Year |
8.53 |
9.56 |
10.23 |
| from 11. Professional Year |
10.16 |
11.38 |
12.20 |
| 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. |
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| 4. |
Managers, housekeepers, housekeepers |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
7.95 |
8.88 |
9.52 |
| from 6. Professional Year |
8.68 |
9.74 |
10.42 |
| from 11. Professional Year |
10.34 |
11.59 |
12.43 |
| 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. |
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| Managers and housekeepers, who are subject to at least two employees, will receive an additional € 1.18 per hour. |
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| 5. |
Child care workers and infant care workers |
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| a) |
b) |
c) |
|
| € |
€ |
€ |
|
| 1.-5. Professional Year |
7.52 |
8.42 |
9.01 |
| from 6. Professional Year |
8.24 |
9.22 |
9.88 |
| from 11. Professional Year |
9.82 |
10.99 |
11.77 |
| 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. |
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| For the care of an infant (up to the completion of the second year of life) charges additionally 1.18 € per hour. |
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| 6. |
Sick and Senior Caregiver |
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| € |
|
| 1.-5. Professional Year |
10.67 |
| from 6. Professional Year |
11.68 |
| from 11. Professional Year |
13,90 |
| If care work is required on the night between 10pm and 6am in addition to day care with the same employer and agreed, a surcharge of 5.52 € per hour is due. |
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| 7. |
Qualified nurses/nurses |
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| € |
|
| 1.-5. Professional Year |
11.16 |
| from 6. Professional Year |
12.23 |
| from 11. Professional Year |
14.55 |
| If care work is required on the night between 10pm and 6am in addition to day care with the same employer and agreed, a surcharge of 5.52 € per hour is due. |
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| 8. |
Kindergardeners with proof of competence, educators with proof of competence |
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| € |
|
| 1.-5. Professional Year |
11.16 |
| from 6. Professional Year |
12.23 |
| from 11. Professional Year |
14.55 |
| 9. |
Home-denominationist/inn/en and animal caregiver |
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| a) |
b) |
|
| € |
€ |
|
| 1.-5. Professional Year |
8.25 |
8.86 |
| from 6. Professional Year |
9.04 |
9.68 |
| from 11. Professional Year |
10.78 |
11.54 |
| 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. |
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| Professional years: |
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| 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 employment relationships, with the exception of apprenticeship periods, are considered to be occupational years if the worker/worker has mainly carried out the same activities. |
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Naturalbetrains
§ 3. If the employee is not in a position to take advantage of an agreed apartment and board (e.g. prevention of service by illness, waiver of service during the period of notice, if there is a justified early exit and at the end of the period of notice, the employee is not able to use the accommodation. Unsubstantiated period of dismissal, leave), the employee admitted to the household of the employer is the apartment and board with an amount of 17.62 € per calendar day and that not into the household of the employer shall be deducted from the catering of 15,38 € per working day. The individual meals are to be calculated in fractions of 15,38 €, with 1/10 for breakfast, forked breakfast and snack, 4/10 for lunch and 3/10 for dinner to be calculated.
Wage surcharges
§ 4.
| 1. |
Employees according to § 2 Section A, Z 1 to 4, who, in addition to their activities, regularly attend to children, receive a supplement of € 73.90 for the first child and € 49.30 per month for each additional child. |
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| 2. |
Employees in accordance with § 2 Section B Z 1 to 4, who, in addition to their activities, take care of children, receive an extra charge per hour of € 0.42 for the first child and € 0.35 for each additional child. |
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| 3. |
Workers, cleaning work by professionals (painters, installers, etc.) , get a surcharge of 2.35 € per hour. |
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| 4. |
For overtime (additional services pursuant to § 5 (5) to (7) and § 6 (5) of the HGHAngG) due to the lack of an agreement which is more favourable to the employee, a surcharge of 50% on working days and 100% on Sundays and public holidays is due. |
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| 5. |
Working aprons shall be paid to the employee at the expense of the employer at the time of service in the proper condition or to replace the cost of acquisition. If the employer requires the employee to have special clothing, the employer shall provide them free of charge. |
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Christmas Remuneration
§ 5. In each calendar year, the employee shall be entitled to a remuneration payable on 1 December in the amount of the last full amount of the gross monetary payment. In the case of workers with variable remuneration, the average of the last three months is, if the employee is more favourable, the average of the cash benefits from the start of the employment relationship, but at the latest for the calendar year, the Calculation of the Remuneration; periods in which the worker has not received the full pay as a result of incapacity for work or other circumstances shall not be taken into account in the calculation of the average sum of money. 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, falling employees are due to a holiday grant which is to be calculated in accordance with § 9 para. 2 HGHAngG.
Accounting certificate
§ 7. The employer is obliged to give the employee an exact date of payment of the hours worked, the remuneration, the allowances and the deductions not later than one month after the payment of the 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 ° 92/2010, the proof of settlement must also include the contribution to the operating pension fund and its tax base.
Transitional arrangements
§ 8. Previously existing charges must not be reduced if the activity remains unchanged.
Onset of effectiveness
§ 9. This minimum wage rate changes the minimum wage rate of 13 November 2008, Zl. 51 /BEA/2008-6 (M 11/2008/XXV/99/ 3) and occurs with 1. Jänner 2011 in force.
Ritzberger-Moser
