Key Benefits:
418. 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 domestic carers for Tyrol
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 2 December 2009 following the implementation of a senate negotiation:
Minimum wage rate for domestic carers-Tyrol
Scope
§ 1.
| 1. |
Spatial: for the province of Tyrol; |
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| 2. |
Personal: for home-care workers, to which the home-care law, BGBl. No 16/1970, and its employer, |
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who, in their capacity as employers, are not members of a collectivelyable body, 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 other activities of persons referred to in Z 2 within the meaning of Section 12 (1) of the Hausanxigergesetz (Hausanxigergesetz). |
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Services according to § 4 para. 3 of the Hausanxigergesetz
§ 2. In addition to the remuneration which is guaranteed to him pursuant to § § 7 and 12 of the House Concerned Law, the House concerned shall be entitled to the following remuneration for the following work carried out at a house, with this additional fee being the sum of the total amount for the work carried out for the following: Residential areas, other premises, sidewalks, other walk-in areas and the supervision of the elevator.
| 1. |
Once again, the simple payment: |
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| a) |
in the case of repair, installation of a heat or sound insulation of a Hoffassade (or Rear side) or gas façade (or Front). If Stiegenhausfenstern is present, a surcharge of 75% is due. |
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| b) |
in the case of the painting of the staircase, where there are several staircases and only some of them are to be painted, the proportion of the aliquot being due to the same amount. If Stiegenhausfenstern is present, a surcharge of 75% is due. |
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| c) |
in the case of repair, installation of a heat or sound insulation of the remaining facades during general refurbishment. |
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| d) |
in the case of alloying of a continuous riser under plaster (per knight), provided that this is not carried out at the same time as the painting of the staircase. The aliquot part is due to the laying of a line for individual floors or increased. |
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| e) |
in the case of installation of elevators (in the case of any aliquoting, analogous to lit. (b) |
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| f) |
for window exchange or Repair (in the case of possible aliquots analogous to lit. (b) |
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| g) |
in the case of roof repair or Extension (in the case of possible aliquots analogous to lit. (b) |
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| 2. |
The payment of the fee according to Z 1 shall be effected proportionally immediately if the home-care service has been terminated before completion of all repair and cleaning work. The additional charge in accordance with Z 1 and 2 shall not be due if the homeowner makes the additional cleaning work, including the final cleaning, otherwise carried out. |
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| 3. |
For the cleaning of refuse boxes as well as for the filling and replacement of refuse bins as well as for the cleaning of refuse storage places, a monthly flat rate is due, the amount of which is based on the actual work performance and on the basis of the basic income of the hourly wage defined under Z 4. |
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| 4. |
An hourly wage of € 7.84 is due for extraordinary other work performed and proven by the carer. This fee is to be calculated in retrospect in such a way that the work performed in the previous month at the latest by up to 10. of the following month. This hourly wage is valid only in so far as it is not in the minimum wage rate of the Federal Office for the supervision and operation of facilities and facilities on real estate (Houses with apartments and other premises), M 11/2009/XXVI/99/11, other rates of remuneration are fixed. |
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| 5. |
For the cleaning of an abort used by the house parties fees of each of these parties monthly 19,42 €. For the cleaning of suburbs in washing kitchens charges monthly 49.26 €. |
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| 6. |
A flat rate of € 53.16 per disposal is due for an agreed cleaning of special eagles (in particular blood, urine, feces, vomit). |
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| 7. |
The supplement to Z 1, 3, 4, 5 and 6 shall be added to the surcharge in force in accordance with § 8 of the Hausanxigergesetz (Hausanxigergesetz) if it is a cleaning work. |
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| 8. |
If the extraordinary cleaning work according to Z 1, 3 and 4 must be carried out on a special day or public holiday for special reasons, an additional fee of 7.84 € per hour must be charged. |
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| 9. |
An hourly wage of € 5.51 is due for an agreed on the attendance obligation in § 4 para. 4 Hausanxigergesetz. On Sundays and public holidays, this wage increases to € 11.02. |
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| 10. |
For the care of a machine-based laundry room with up to four machines (washing machines, drying machines, ironing machines, etc.) charges per laundry room 44,52 € per month; the same fee is due to rooms in which only dry or dry cleaning is possible. Ironing machines and the like are installed. For the supervision of a machine-based laundry room with more than four machines, double payment is due. If the maintainer is to carry out a collection for the use of the facilities, a fee of 5% of the amount collected will also be charged. |
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Gehsteigreinigung
§ 3. For the cleaning of sidewalks and other accessible areas, provided that they are not already included in the calculation of the remuneration in accordance with § 7 para. 5 of the Hausanxigergesetz (Hausanxigergesetz), per square meter of walking distance or The area shall be the applicable remuneration laid down by the regional governor.
Zinsinkasso
§ 4. In-house procurers, who are charged with the deposit of the interest, receive 1% of the amount collected.
Holiday grant and Christmas Remuneration
§ 5. In addition, the persons referred to in § 1 Z 2 shall charge each year 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; at least However, one twelfth of the annual reference to this activity.
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
§ 6. Existing more favourable agreements will not be affected by this minimum wage.
Linguistic equality
§ 7. 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
§ 8. This minimum wage rate changes the minimum wage rate of 18 November 2008, Zl. 57 /BEA/2008-5 (M 15/2008/XXVI/99/10) and occurs with 1. Jänner 2010 in force.
Lukovich
