Key Benefits:
421. 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 supervision and operation of facilities and facilities on properties for Upper 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 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 fixed the following minimum wage rate with a decision of 3 December 2009 following the implementation of a senate negotiation:
Minimum wage rate
For the supervision and operation of facilities and facilities on real estate/Upper Austria
Scope
§ 1.
| 1. |
Spatial: for the province of Upper Austria; |
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| 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, |
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| - |
who, in their capacity as homeowners, are not members of a collectivelyable entity, or |
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| - |
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; |
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| 3. |
Technical: only for the maintenance, maintenance and operation of facilities and facilities on real estate and in houses by the persons referred to under Z 2. |
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Support for elevators
§ 2.
| 1. |
The persons referred to in § 1 Z 2 shall receive a flat-rate amount of € 97.63 per month, if they have agreed to take care of a person's order. |
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| This amount is increased in residential buildings with more than seven floors around each further elevator exit point located above the seventh floor by € 11.91. |
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| 2. |
For the care of freight lifts, a monthly lump sum of € 19.57 is due for a load capacity of up to 50 kg and one of € 53.65 for a carrying capacity of more than 50 kg per lift. |
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| 3. |
In the case of premises which are not used for residential purposes, there shall be twice the amount of the shares to which these objects are to be paid. |
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| 4. |
Under the supervision of a lift, the daily test drive, the cleaning of the elevator and the cabin as well as the cleaning of the machine house are to be understood. These activities shall be covered by the amounts listed in Z 1, 2 and 3. |
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Leisure facilities
§ 3.
| 1. |
For the supervision 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 10.78 €. |
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| For the necessary care and care, which must be carried out on Sundays and public holidays, an hourly wage of 21,56 € is due. |
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| 2. |
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 8.68 €. |
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| 3. |
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. |
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Green areas and gardens
§ 4.
| 1. |
For cleaning, irrigation and machine mowing, including the removal of the grass, fees 1,01 € per square metre of green space per year, divided into twelve monthly amounts. |
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| 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 8.69 €. |
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Supervision of hot water and central heating systems
§ 5.
| 1. |
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| a) |
For the care of hot water or central heating systems, provided that these plants are not fed by a district heating plant, a basic reference of 197,56 € per month is due during the actual operating life. |
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| b) |
If such a plant is charged with liquid, gaseous or organic fuels (wood chips, pellets, cereals), a supplement of € 135.06 per boiler is due. |
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| c) |
If such a plant is charged with solid fuels, a surcharge of € 214.60 per month per boiler will be charged. |
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| d) |
The maintainer of a hot water or central heating system, provided that this plant is not fed by a district heating plant, is due to a charge of 15% as a dirt allowance in accordance with lit. a, b and c. |
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| 2. |
For the care of hot water and central heating systems fed by a district heating plant, an amount of € 164.29 per month is due during the actual operating period; per each further installation or reformer is due in the course of the A further amount of 47.60 € per month. |
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| 2a. |
By way of derogation from Z 2, contracts for employment contracts established after 31 December 1997 shall apply to the care of hot water and central heating systems, which are supplied by a district heating plant, shall be subject to agreed supervision work for each of the following: Work hour an amount of € 10.24. |
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| 3. |
For the implementation of additional agreed supervision work as well as of repair work of a simple type at the facilities themselves or associated parts, an additional amount of 10.38 € is due for each working hour. |
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| An hourly wage of € 20.77 is due for the absolutely necessary supervision work, which must be carried out on Sundays and public holidays. |
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Deep and pallet garages
§ 6. For the cleaning of underground and pallet garages, including the (if necessary) necessary maintenance and supervision of the technical facilities present in these facilities, per square meter of the floor (utility) to be cleaned is per month a remuneration in the case of the Landeshauptmann according to § 1 para. 1 lit. a valid level of remuneration in each case.
Simple Repair Work
§ 7. For the execution of repair work of other simple kind, an hourly wage of 10.38 € is due. For absolutely necessary repair work, which must be carried out on Sundays and public holidays, an hourly wage of 20.77 € is due.
Pay for domestic workers
§ 8. 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. |
Settlement wart/inside 13,36 € |
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| 2. |
Houseworkers 9,77 €. |
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For an agreed purification of particularly disgracable soiling (in particular blood, urine, feces, vomit), a lump sum of € 52.19 per disposal is due.
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
§ 9. In addition, the persons referred to in § 1 Z 2 shall be charged each year with a holiday grant equal to the remuneration due for the month of May and a Christmas remuneration in the amount of the remuneration due for the month of November; at least however, a holiday grant and a Christmas allowance equal to at least one twelfth of the annual reference to that activity shall be charged.
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
§ 10. Existing more favourable agreements will not be affected by this minimum wage.
Linguistic equality
§ 11. 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
§ 12. This minimum wage rate changes the minimum wage rate of 19 November 2008, Zl. 54 /BEA/2008-3 (M 22/2008/XXVI/99/15) and occurs with 1. Jänner 2010 in force.
Lukovich
