Determination Of The Minimum Wage For Caregivers (Assistant Migrants) In Private Nursery Schools, Crèches And-Horten (Private Children Tagesheim)

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

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461. Regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, used to set the minimum wage for caregivers (Assistant migrants) in private kindergartens, creches and - and hoard (private children Tagesheim)

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with section 22 paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. 74/2009 authorised, to set the minimum wage at the request of a collective agreement-capable body, if no collective agreement is in effect for the sector concerned.

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection has set below minimum wage rate decision of December 14, 2009, after a Senate hearing:

Minimum wage rate

for caregivers (Assistant migrants) in private nursery schools, crèches and hoard (private children Tagesheim)

Article I

Scope

 



A. Professional:



Private kindergartens, nurseries and crèches (private children Tagesheim), which in its capacity as an employer 1 are even capable of collective agreement member of a collective agreement-capable body or collective bargaining ability gain 2. after entry into force of the minimum wage tariff or join a collective agreement enabled Corporation, as long as no collective bargaining agreement is completed for them.

(B).

Spatial: Republic of Austria.

C. personally:



All workers of these private kindergartens, nurseries and crèches (private children Tagesheim), who as caregivers (Assistant migrants, child carers pursuant to § 21 para 2 Styrian Kinderbildungs and care Act, LGBl. No. 22/2000 idF LGBl. No. 105/2008) be employed.

Article II

Content

 



A. amount of the minimum wage



1. monthly gross salary of €







in the 1st and 2nd year of the professional





1 200,--







in the 3rd and 4th year of the professional





1 230,--







in the 5th and 6th year of professional





1 260,--







in the 7th and 8th professional year





1 290,--







in the 9th and 10th year of the professional





1 315,--







in the 11th and 12th professional year





1 335,--







in the 13th and 14th year of professional





1 355,--







in the 15th and 16th year of professional





1 375,--







in the 17th, 18th and 19th career year





1 395,--







in the 20th, 21st and 22nd career year





1 415,--







from the 23 Professional year





1 435,--





 



2. part-time employees receive the aliquot part of wage rates listed in point 1. For one work hour 1:165 of the respective gross monthly salary can be expected.

 



3. caregivers receive a difficulty supplement in kindergardens or helpers, which are mainly used for a kindergarten class run as healing integrative from €45.50 per month.

 



(B).

General terms and conditions



1. a) all workers in the calendar year at the start of their statutory holidays, if this is granted in parts at the start of the longer, with the same major parts of holiday at the start of the first part of the holiday, am but no later than 30 June a grant holiday amounting to a monthly gross wage.

(b) all workers receive a Weihnachtsremuneration in the amount of a monthly salary on 30 November at the latest.

(c) If an employment relationship during a calendar year started or stopped, the aliquot part of the holiday grant and the Weihnachtsremuneration goes to.

(d) If a / e be an employee upon receipt of the due for the current calendar year grant of holidays or the Weihnachtsremuneration / her employment relationship itself abolished, prematurely emerges from his or her employment without good reason, or due to existence of an important reason is dismissed, he or she must bring the in the current calendar year proportionally too much-related holiday allowance or Weihnachtsremuneration on their, of employment claims (in particular the residual content) into account leave.

2. the employer is obliged to pass a detailed, dated statement of the pay, allowances and deductions / the workers in each salary payment. In working conditions, which amended Federal Law Gazette I no. 102/2007, subject to the operational employees and self-employed persons Pension Act, has the proof of billing also the amount paid into the company pension fund, as well as its tax base to contain.

3. overtime work is if the conditions of § 6 No. 461/1969, idF BGBl I no. 124/2008, working hours Act, Federal Law Gazette. The overtime remuneration consists of the basic hourly rate and a 50% surcharge. The basic hourly rate for calculating overtime pay is 1:160 (a one hundred sechzigstel) salary.

A surcharge of 100% is due to work on 24 and 31 December.

4 for the content table the days activities in child care within the meaning of the minimum wage tariff were to be provided where considered years experience.

5. existing, more favourable arrangements are not affected by these minimum wage rate.

Article III

Beginning of the effectiveness

 

This minimum wage tariff in force 1 January 2010. He changes the minimum wage rate of December 3, 2008, ZL. 50/BEA/2008-50 (M 31/2008/XXII/96/2).

Ritzberger-Moser

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