Key Benefits:
460. 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 private childcare facilities
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 74/2009 authorises the minimum wage rate to be fixed at the request of a collective contractual body if no collective agreement is effective for the industry concerned.
The Federal Ministry of Labour, Social Affairs and Consumer Protection has set the following minimum wage rate with a decision of 14 December 2009 following the implementation of a senate negotiation:
Minimum wage rate
for employees in private childcare facilities
Article I
Scope
| A. |
Technical: |
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| a) |
Private kindergartens, crèches and horts (private daycare homes), |
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| b) |
Vereine, the day-mothers (-fathers), and |
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| c) |
natural or legal persons responsible for organising and/or organising child-care workers in their own to employ parents-managed children's groups, |
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| who, in their capacity as employers, |
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| 1. |
are not themselves collectively contractual, nor are members of a collectivelyable entity, or |
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| 2. |
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. |
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| B. |
Spatial: Republic of Austria. |
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| C. |
Personal: |
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| a) |
Employees of private kindergartens, crèches and horts (private daycare homes), |
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| b) |
Day-mothers (-fathers) who are employed by clubs or private kindergartens and who take care of children in their own household, and |
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| c) |
Child supervisors in self-organized or self-organized Parents-managed children's groups. |
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Article II
Contents
| A. |
Charges for employees of private kindergartens, crèches and horts (private day care homes): |
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| 1. |
Kindergartenpädagog/inn/en, Hortpädagog/inn/en, diplomierte Kinderkrankenschwestern (-pfleger), diplomierte Sozialpädagog/inn/en, teacher/innen und diplomierte Elementpädagog/inn/en |
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| monthly gross salary of € |
|
| 1. and 2 years |
1 777,60 |
| in the 3. and 4. Professional Year |
1 819,70 |
| in 5. and 6. Professional Year |
1 854,80 |
| in the 7th and 8. Professional Year |
1 896,30 |
| in the 9th and 10. Professional Year |
1 941,60 |
| in the 11th and 12. Professional Year |
1 984,70 |
| in the 13th and 14. Professional Year |
2 028,80 |
| in the 15th and 16. Professional Year |
2 072.60 |
| in the 17th and 18. Professional Year |
2 116, -- |
| in the 19th and 20. Professional Year |
2 159,60 |
| in the 21st and 22. Professional Year |
2 202.60 |
| in the 23. and 24. Professional Year |
2 245,90 |
| in the 25th and 26. Professional Year |
2 289,70 |
| in the 27. and 28. Professional Year |
2 333,50 |
| in the 29th and 30. Professional Year |
2 377, -- |
| in the 31. up to 36. Professional Year |
2 420.20 |
| in the 37. and 38. Professional Year |
2 435, -- |
| in the 39. and 40. Professional Year |
2 477,30 |
| 2. |
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| a) |
Special kindergarten teachers receive a monthly allowance of € 157.60 per month in special kindergartens. |
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| b) |
Kindergarten pedagogues in special kindergartens receive 50% of the allowance according to lit. a. |
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| 3. |
Kindergartenleiter/innen receive a monthly line allowance in the amount of gross |
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| € |
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| in a group |
60.80 |
| for two groups |
105.20 |
| for three groups |
133.60 |
| for four groups |
164, -- |
| for each additional group, a surcharge of |
30.60 |
| 4. |
Employees in private kindergartens, crèches and horsemen who do not fall under Z 1 and mainly direct a group in self-responsibility, as well as employees in education and training for elementary education/elementary educationalists 85% of the respective monthly gross salary after Z 1 shall be paid in accordance with the professional years. |
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| 5. |
If a kindergarten teacher/kindergarten teacher represents the kindergarten teacher in an uninterrupted manner by at least 12 calendar days, the representative shall be entitled to a representation allowance of 1/30 of the line supplement per day for the duration of the Actual representation. |
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| 6. |
Parttime employees receive the aliquot part of the salary rates listed under Z 1, 2 and 4. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with. The line supplement is due to the full height. |
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| 7. |
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| a) |
The periods of employment for the salary boards in accordance with Z 1 and 4 shall be the periods during which mainly childcare activities have been carried out in the sense of this minimum wage. |
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| b) |
The salary increase by entering a higher vocational year shall enter into force on the first day of the month in which the beginning of the new year of employment falls. |
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| B. |
Compensation provisions for day-care mothers (fathers) who are employed by clubs or private kindergartens and who take care of children in their own household: |
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| 1. |
Daily mothers (-fathers) receive as monthly salary for each child 371,70 €. |
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| Daily mothers (fathers) with relevant training (e.g. kindergarten pedagogues/inn/en, Hortpädagog/inn/en, diplomierte Kinderkrankenschwestern (-pfleger), diplomierte Sozialpädagog/inn/en und teachers/innen) will also receive an allowance of 20%. |
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| After three years of work as a mother of the day (father), a surcharge of € 17.80 per month is due, regardless of the number of children under care. |
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| This monthly salary (including any allowances or surcharges) does not include any migration rates, such as food contributions. |
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| 2. |
For the care of children with disabilities-these are children for which the parents receive increased family allowance-are due to the 1½-fold amount per child, as provided in Z 1. |
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| 3. |
For the calculation of extra-and overtime of day-mothers (-vätern) the respective monthly salary is to be used. |
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| 4. |
Parttime employees receive the aliquot part of the salary rates listed under Z 1. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with. |
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| C. |
Pay regulations for childcare workers in self-organized/parent-managed children's groups: |
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| 1. |
Child care workers in self-organised/parent-managed groups receive 80% of the respective monthly gross salary according to Section A Z 1, while respecting the professional years. |
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| Child care workers in self-organised/parental-managed children's groups with an education-according to the certificate of the Federal Association of Austrian parent-managed children's groups or an equivalent training-receive 90% the gross monthly salary in accordance with Section A Z 1, having regard to the professional years. |
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| Child care workers in self-organised/parent-managed groups of children with a training in accordance with Section A Z 1 receive the respective monthly gross salary according to Section A Z 1, taking into account the professional years. |
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| 2. |
Parttime employees receive the aliquot part of the salary rates listed under Z 1. For an hour of work, 1:165 of the respective gross monthly salary is to be reckoned with. |
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| 3. |
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| a) |
The periods of employment for the salary boards in accordance with Z 1 shall be those in which predominantly childcare activities have been carried out in the sense of this minimum wage. |
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| b) |
The salary increase by entering a higher vocational year shall enter into force on the first day of the month in which the beginning of the new year of employment falls. |
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| D. |
General provisions |
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| 1. |
The following provisions shall apply to all workers covered by this minimum wage. |
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| 2. |
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| a) |
All employees receive, in the calendar year, when their legal leave occurs, if they are granted in part, on the arrival of the longer holiday part, on arrival of the first holiday part-but at the latest on 30 June. a holiday allowance in the amount of a monthly gross salary (including all allowances and surcharges due to this minimum wage, except for the representation allowance in accordance with Section A, Z 5). The monthly gross salary (including all allowances and surcharges due to this minimum wage) shall be calculated according to the average of the last 13 weeks in the case of the day-maternal/vätern. |
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| b) |
At the latest on 30 November, all employees shall receive a Christmas Remuneration in the amount of a gross monthly salary (including all allowances and surcharges due under this minimum wage rate, excluding the representative supplement referred to in Section A) Z 5). The monthly gross salary (including all allowances and surcharges due to this minimum wage) shall be calculated according to the average of the last 13 weeks in the case of the day-maternal/vätern. |
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| c) |
If a working relationship is started or terminated during a calendar year, the aliquot part of the holiday allowance and the Christmas Remuneration shall be due. |
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| d) |
If a worker dismissed the employment relationship himself after receiving the holiday allowance or Christmas remuneration due for the current calendar year, leaving the employment relationship prematurely for no important reason or as a result of the employment relationship If an important reason is to be discharged prematurely, he/she shall be subject to the amount of holiday allowance or Christmas paid in the current calendar year to the claims arising from the employment relationship (in particular: The residual content is to be taken into account. |
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| 3. |
The employer is obliged to hand over the salary, allowances and deductions in the event of any salary payment by the employee/to a precise date provided by the employee. |
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| 4. |
Overtime work is available if the requirements of § 6 of the German Working Time Act (Arbeitszeitgesetz, BGBl) are met. No. 461/1969. The overtime pay consists of the basic hourly wage and a surcharge of 50%. The basic hourly wage for the calculation of the overtime pay is 1:160 (one hundred and sixtieth) of gross salary. |
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| 5. |
For work on the 24th A surcharge of 100% is due for 31 December. |
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| 6. |
Existing more favourable agreements will not be affected by this minimum wage. |
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Article III
Onset of effectiveness
This minimum wage is 1. Jänner 2010 in force. It changes the minimum wage rate of 3.12.2008, Zl. 50 /BEA/2008-50 (M 30/2008/XXII/96/ 1).
Ritzberger-Moser
