382. 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 the care and operation of facilities and facilities on real estate for Lower Austria

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 17 November 2010 following the implementation of a senate negotiation:

Minimum wage rate

For the supervision and operation of facilities and facilities on real estate/Lower Austria

Scope

§ 1.

1.		Spatial: For the province of Lower Austria;
2.		Personal: for persons who have been charged with the care and operation of facilities and facilities on properties (houses with apartments and other premises) and their employers,
-			who, in their capacity as homeowners, are not members of a collectivelyable entity, or
-			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: only for the care and operation of facilities and facilities on real estate (houses with apartments and other premises) by the persons referred to under Z 2.

Support for elevators

§ 2. The persons referred to in § 1 Z 2 shall receive a lump sum of € 79.24 per month if they have been charged with the supervision of an elevator. This amount is increased in houses with more than seven floors per second. A floor plan for a lift is to be understood as the daily inspection of a lift as well as the necessary cleaning of the lift cabins and the machine room.

Leisure facilities

§ 3. For the care and maintenance of terrace baths, indoor swimming pools and saunas, a monthly flat rate is due, the amount of which is to be calculated according to the actual work performance and on the basis of an hourly wage of 12.22 € (to Sonn-und Holidays are twice the amount of the pay).

For the care of hobby rooms, playgrounds and similar facilities, a monthly flat rate is due, the amount of which is to be calculated on the basis of the actual work performance and on the basis of an hourly wage of 7.84 €. If the maintainer is to carry out an collection for the use of the facilities, a charge of 5% of the amount collected will also be charged.

Green areas and gardens

§ 4.

1.		For cleaning (e.g. removal of paper waste) charges 0.28 €, for irrigation 0.29 € and for machine mowing together with removal of the grass 0.48 € per square meter of green area annually, divided into twelve monthly amounts.
2.		For the care of trees and shrubs, flower beds, etc. as well as the removal of leaves and branches and similar works, a monthly flat rate is due, the amount of which is to be calculated on the basis of the actual work performance and on the basis of an hourly wage of 9.05 €.

Supervision of hot water and central heating systems

§ 5.

1.
a)			For the maintenance of hot water and central heating systems, a basic reference of 180.47 € per month is due during the actual operating period.
b)			If such a plant is charged with gaseous fuels, the basic reference is increased by € 106.75 per month per boiler.
c)			If such a plant is charged with liquid fuels, the basic reference is increased by € 131.31 per month per boiler.
d)			If the plant is charged with solid fuel, the basic reference is increased by € 197,39 per month per boiler.
e)			For the execution of additionally arranged care work (e.g. intermediate, pumping stations, etc.) as well as of any repair work of a simple type at the plant itself or in the associated parts is due for each working hour in addition an amount of 10,22 €.
f)			The maintainer of facilities according to lit. a to d shall be subject to a contamination allowance of 15% of the relevant charge if the plant is operated with solid fuels, in all other cases only if there is no bathing facility operated at the expense of the house-owner.
2.		For the care of hot water or central heating systems fed by a district heating plant, an amount of € 162.65 per month is due during the actual operating period; per each further installation or reformer must be paid during the A further amount of 46.59 € per month.
2a.		By way of derogation from Z 2, the following shall apply to house-care contracts established after 31 December 1997: for the care of hot water or central heating systems supplied by a district heating plant, the following shall apply for agreed Care work for every hour of work an amount of 10.22 €.

Deep and pallet garages

§ 6. For the cleaning of the deep-and pallet garages, including the necessary maintenance and supervision of the technical equipment present in these plants, per square metre of the soil to be cleaned (utility) shall be per month per month a charge in the amount fixed by the provincial governor in accordance with § 1 Z 2, in each case valid.

Pay for domestic workers

§ 7. Persons who are not subject to the Hausanxigergesetz (Hausanxigergesetz) are due to carry out cleaning, care, operating and technical work of a general nature within the normal working hours (§ 3 of the Working Time Act) an hourly wage, namely:

1.		Home technicians (skilled workers with relevant work) 12,22 €
2.		Houseworkers 9,05 €.

A surcharge of 100% is due for work on Sundays and public holidays and during the night hours.

If a willingness to work is agreed, 50% of the respective hourly wage will be charged per hour.

Holiday grant and Christmas Remuneration

§ 8. In each year, the persons referred to in § 1 Z 2 shall be charged a holiday grant 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 of the following: Twelfth of the annual cover for which this activity is based.

The holiday grant is to be paid at the time of the arrival of the holiday, but no later than 30 June, to pay the Christmas Remuneration by 30 November of each year at the latest.

If the service begins or ends during the calendar year, the amount of the holiday grant and the Christmas Remuneration shall be pro rata in accordance with the period of service completed in that calendar year.

Beneficiary clause

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

Linguistic equality

§ 10. To the extent that personal names are only mentioned in male form, these refer to women and men in the same way. In the case of a particular person, the gender-specific form must be used.

Gelling Date

§ 11. This minimum wage rate changes the minimum wage rate of 18 November 2009, Zl. BEA/9 -3/2009 (M 5/2009/XXVI/99/ 5) and enters into force 1. Jänner 2011 in force.

Ritzberger-Moser