376. 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 home carers for 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 18 November 2009 following the implementation of a senate negotiation:

Minimum wage rate

for home carers for Austria

Section I

General provisions

Scope

§ 1.

a)		Spatial: This minimum wage is valid for the federal territory of the Republic of Austria.
b)		Personal: This minimum wage is applicable to employed persons who are responsible for one or more of the following tasks:
1.				Maintenance
2.				Maintenance
3.				Supervision
4.				Maintenance and operation of facilities and facilities on real estate
		and for their employers, who, in their capacity as employers, are not members of a legal representation of interests or of a voluntary collective contractual professional association.
c)		Technical: For the under lit. b Z 1 to 4, regardless of whether the activities are carried out by a worker on a property or on a number of properties.

Remuneration systems

§ 2. The workers subject to this minimum wage are, in accordance with Section II (remuneration scheme A) and/or Section III (remuneration scheme B) to be paid. The remuneration of each agreed activity is to be agreed in writing either in accordance with Section II (remuneration scheme A) or in Section III (remuneration scheme B).

Wage

§ 3. For the purposes of carrying out the work referred to in Section III, the worker shall be entitled to the following hourly wage:

-Group 1: € 8.26

-Group 2: 9,24 €

-Group 3: 12,23 €

For the purposes of carrying out the work referred to in Section II, unless otherwise specified below, an hourly wage in the amount of the hourly wage for the wage group in question after Z 1 plus a surcharge of 7% shall be paid.

Payroll Period

§ 4. The wage/salary shall be paid monthly in retrospect up to the third party of the following month.

Special payments

§ 5. In addition, in each year, the worker (s) shall pay 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, Holiday grant and a Christmas Remuneration in the amount of one twelfth of the annual cover. The holiday grant is to be paid at the time of the arrival of the holiday, but at the latest with the payment of the salary due for the June. The Christmas Remuneration shall be paid no later than 30 November of each year. If the service starts or ends during the calendar year, the employee/s/in the holiday grant and Christmas remuneration shall be pro rata proportionally in accordance with the period of service completed in that calendar year.

Work Material

§ 6. The material required for the performance of the activities (e.g. cleaning agents, scattering agents) and necessary material requirements (e.g. work equipment, tools) and protective clothing must be made available by the employer/employer.

Travel expenses

§ 7. All the journey times necessary in connection with the provision of the service are to be paid, with the exception of the daily route from the place of residence to the place of service and back, as working hours and to pay the fare-cheapest travel costs.

entry into force

§ 8. (1) This minimum wage is valid for service contracts concluded after 30 September 2005. Existing more favourable agreements shall remain unaffected by this minimum wage.

(2) This minimum wage rate changes the minimum wage rate of 7 November 2008, Zl. 50 /BEA/2008-37 (M 1/2008/XXVI/99/ 1) and enters into force with 1. Jänner 2010 in force.

Section II

Remuneration Scheme A

Prerequisite

§ 9. The application of this section is subject to the agreement of the beginning and the end of the daily and weekly normal working hours between the employee and the employer in accordance with the agreed working time distribution (such as Sliding time, calculation).

Wage

§ 10. Employees who are solely responsible for cleaning activities should be paid an hourly wage according to salary group 1 (§ 3 Z 2 iVm Z 1).

To all other workers, unless special training or training is provided for their activities. Qualification is necessary, an hourly wage according to salary group 2 (§ 3 Z 2 iVm Z 1).

Employees with special education or training Qualification is due to an hourly wage according to salary group 3 (§ 3 Z 2 iVm Z 1).

Surcharges

§ 11. A surcharge of 100% of the hourly wage is due for activities during the night (22.00 to 5.00).

A surcharge of 100% of the hourly wage is due for activities on Sundays and public holidays.

Employees with an amount of working time under the statutory normal working hours are entitled to a multi-job surcharge of 25% of the hourly wage for activities outside the working time agreement.

For overtime, an overtime surcharge of 50% of the hourly wage is due.

For an agreed purification of particularly discernable soiling (in particular blood, urine, feces, vomit), a surcharge of 48.86 € per cleaning is due.

In the case of work which, in comparison with the usual working conditions, inevitably causes the body and clothing of the workers to be polluted, a dirt allowance of 15% of the hourly wage is due.

For work carried out as a result of the adverse effects of substances or radiation, heat, gases, vapours, acids, alkalis, dust or vibrations, or as a result of the harmful effects of substances which are hazardous to health, as a result of the adverse effects of such conditions. a fall or other danger inevitably poses a higher risk to the life, health or physical safety of the workers (e.g. work on ladders and scaffold, roofs, ornamentals and facades), is due to Security allowance in the amount of 15% of the hourly wage.

In the case of work which, in comparison with the usual working conditions, has an extraordinary degree of difficulty (e.g. working in an exposed position), a heirloth allowance should be paid in the amount of 15% of the hourly wage.

For each working time outside the agreed normal working hours and any surcharge, a half-hour will be charged for each half-hour of work. Surcharges are next to each other.

Section III

Remuneration Scheme B

Prerequisite

§ 12. The application of this section requires the worker to be able to determine the start and end of the normal working time on one side.

Surcharges

§ 13. For an agreed purification of particularly discernable soiling (in particular blood, urine, feces, vomit), a surcharge of 48.86 € per cleaning is due.

In the case of work which, in comparison with the usual working conditions, inevitably causes the body and clothing of the workers to be polluted, a dirt allowance of 15% of the hourly wage is due.

In the case of work which, in comparison with the usual working conditions, has an extraordinary degree of difficulty (e.g. working in an exposed position), a heirloth allowance should be paid in the amount of 15% of the hourly wage.

For work carried out as a result of the adverse effects of substances or radiation, heat, gases, vapours, acids, alkalis, dust or vibrations, or as a result of the harmful effects of substances which are hazardous to health, as a result of the adverse effects of such conditions. a fall or other danger inevitably poses a higher risk to the life, health or physical safety of the workers (e.g. work on ladders and scaffold, roofs, ornamentals and facades), is due to Security allowance in the amount of 15% of the hourly wage.

A surcharge of 100% of the hourly wage is due for extraordinary necessary work on Sundays and public holidays or during the night hours between 22.00 and 5.00 o'clock.

Remuneration

§ 14. The time spent for the individual activities is to be calculated in accordance with § 15 and to be paid according to § 3 Z 1. The annual fee for the agreed salary-or In-depth coverage is to be divided up to 12 monthly amounts and to be paid monthly.

Appropriate working hours

§ 15. As appropriate working hours are defined:

		Minutes per month	Payroll
1x weekly Kehren & Wash of the House of Stiegenhaus and the Gänge	per inventory unit	23	LG 1
1x weekly Kehren des Stiegenhaus und der Gänge	per inventory unit	9	LG 1
Dust-free holding of the staircase and the aisles as required	per inventory unit	8	LG 1
Dust free from doors as required	per inventory unit	8	LG 1
Monthly Kehren of the cellars	per inventory unit	5	LG 1
months. Holding of various storage rooms	per inventory unit	2	LG 1
Monthly return of the attic	per inventory unit	2	LG 1
clean weekly elevator car	per inventory unit	12	LG 1
Monthly washing kitchen cleaning	per inventory unit	5	LG 1
Stairway to the staircase from the second staircase	per Stiegenhaus	20	LG 1
Surcharge on premises with customer traffic, which must be entered through the staircase	per Stiegenhaus	150	LG 1
Support and monthly cleaning (manual) of low-and pallet garages	per pitch	30	LG 2
Support and monthly cleaning (machine) of low-and pallet garages	per pitch	15	LG 2
Daily attendance, control	per inventory unit	35	LG 1
Small repairs as required	per inventory unit	2	LG 3
Daily elevator care	per inventory unit	12	LG 3
Daily laundry care including washing machines and dryers	per inventory unit	2	LG 2
Assistance for the first 300 m from 16.10. to 15.4. for the first 300 m 2	per m 2	6	LG 2
Mindset care as required from 16.10. to 15.4. for the further 301 m 2 up to 1 100 m 2	per m 2	4	LG 2
Mindset assistance as required from 16.10. to 15.4. for the above m 2	per m 2	2	LG 2
Mindset care as required from 16.4. to 15.10.	per m 2	1	LG 2
Green area support as required (cleaning and irrigation) for the first 500 m 2	per m 2	3	LG 2
Green area support as required (cleaning and irrigation) for the further 501 m 2 up to 4 000 m 2	per m 2	2	LG 2
Green-area support as required (cleaning and irrigation) for the m above 2	per m 2	1	LG 2
Green area support as required (mowing and cutting) for the first 500 m 2	per m 2	6	LG 2
Green area support according to demand (mowing and cutting) for the further 501 m 2 up to 4 000 m 2	per m 2	3	LG 2
Green area support as required (mowing and cutting edges) for the m above 2	per m 2	2	LG 2

Other activities

§ 16. All additional activities, which have not been taken into consideration in § 15, are to be classified in accordance with § 10 and to be paid in accordance with § 3 Z 1.

Ritzberger-Moser