417. 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 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 the supervision and operation of facilities and facilities on real estate/Tyrol

Scope

§ 1.

1.		Spatial: for the province of Tyrol;
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 (2) (2) shall, if they have been charged with the supervision of a lift, receive the following lump sums each month from the client:

-			up to four floors 79,13 €
-			for each additional projectile 4.94 €.

Under the supervision of a lift the daily check of the lift (test drive) as well as the necessary cleaning of the elevator and the machine house are to be understood.

Leisure facilities

§ 3. For the supervision of terrace baths, indoor pools and saunas, 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 the hourly wage of 11.87 €. For essential care and care, which must be carried out on Sundays and public holidays, the two-time hourly wage must be paid. 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 8,25 €.

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 the irrigation water 0,27 € and for the machine mowing including removal of the grass 0,39 € per square meter of green area divided into twelve monthly amounts.
2.		For the care of trees and shrubs, flower beds, etc. as well as the removal of foliage, knots 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 9,42 €.

Supervision of hot water and central heating systems

§ 5.

1.
a)			For the supervision of hot water and central heating systems and district heating systems, a monthly lump sum of € 195.76 is due during the actual operating period.
b)			If such a plant is charged with gaseous fuels, a surcharge of 77.84 € per month per boiler is due.
c)			If such a plant is charged with liquid or organic fuels (wood chips, pellets, cereals), a surcharge of € 83.02 per month per boiler should be charged.
d)			If such a plant is charged with solid fuels, a supplement of € 194.66 is due to each boiler per month.
e)			For the day-to-day care, one thirtieth of the above-mentioned amounts are to be paid.
f)			If the carer of a heating system does not have a shower or bath facility operated at the expense of the house owner, a 10% surcharge shall be charged for the care of a plant operated with liquid or gaseous fuels, in the case of care for a A supplement of 15% (dirt allowance) operated with solid fuels.
2.		For the care of hot water or central heating systems fed by a district heating plant, an amount of € 186.44 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 53.35 € 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 9.69 €.
3.		For the execution of additionally arranged care work (e.g. intermediate and pumping stations, etc.) as well as any repair work of a simple type at the plant itself or in the associated parts must be additionally due for each working hour an amount of 9,69 €.

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 fee in the respective valid amount fixed by the provincial governor in accordance with § 1 Z 1 of the Regulation on the remuneration of the German Federal Government.

Pay for domestic workers

§ 7. Persons who are not subject to the Hausanxigergesetz (Hausanxigergesetz) are to be paid an hourly wage in order to carry out work within the framework of the normal working hours (§ 3 of the Working Time Act), for example:

1.		Haustechniker/innen 11,87 €
2.		Domestic workers, domestic cleaners 9,80 €.

A surcharge of 100% is due for work which is strictly necessary and which is carried out on Sundays and public holidays and during the night. 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 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

§ 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 2008, Zl. 57 /BEA/2008-5 (M 16/2008/XXVI/99/11) and enters into force 1. Jänner 2010 in force.

Lukovich