Second Ordinance On Mandatory Working Conditions For The Care Industry

Original Language Title: Zweite Verordnung über zwingende Arbeitsbedingungen für die Pflegebranche

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Second Regulation on mandatory working conditions for the care sector (Second Nursing Work Conditionsregulation-2. Care ArbbV)

Non-official table of contents

2. Care ArbbV

Date of delivery: 27.11.2014

Full quote:

" Second maintenance work conditionsDecree of 27. November 2014 (BAnz. AT 28.11.2014 V1) "

The V is in accordance with. § 5 on 31.10.2017 out of force

For details, see the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2015 + + +)
(+ + + Go to Application § 1 + + +)

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Inbox formula

Based on § 11 (1) and (2) in conjunction with paragraph 3 of the Workers ' Posting Act of 20. April 2009 (BGBl. 799), the Federal Ministry of Labour and Social Affairs decrees, after it falls within the scope of this Regulation, employers and employees as well as the parties to collective agreements, which at least partially fall within the technical scope of this Regulation, and joint commissions which, on the basis of ecclesiastical law, lay down working conditions in the field of ecclesiastical employers in the care sector shall be given the opportunity to Non-official table of contents

§ 1 Scope

(1) This regulation applies to foster care companies. These are businesses and independent operating departments, which mainly provide outpatient, part-hospital or inpatient care services or outpatient nursing care for those in need of care. No care establishments within the meaning of the second sentence are establishments in which the benefits for medical care, medical rehabilitation, participation in the working life or life in the community, school education or the Education of sick or disabled people is at the forefront of the institution's purpose, as well as hospitals.(2) This Regulation shall apply to all workers. It does not apply to:
1.
Apprentices in accordance with the Vocational Training Act and
2.
Home care workers.
(3) This Regulation does not apply to nurses in the following areas:
1.
in the administration,
2.
in building technology,
3.
in the kitchen,
4.
in home care,
5.
in the building cleanup,
6.
in the area of the receiving and security service,
7.
in gardening and terrain maintenance,
8.
in the laundry and
9.
in logistics.
(4) By way of derogation from paragraph 3, this Regulation shall apply to workers within the meaning of paragraph 3 to the extent that they are to be used within the limits of the Activities that are not insignificant in common with residents in the day-structuring, activating, caring or nurturing activities, in particular as:
1.
Everyday companions,
2.
People with dementia care or
3.
Assistant Force.
(5) For people with a significant need for general supervision and care (§ 87b of the Eleventh Book) The Social Code) and for employees referred to in paragraph 4 is this Regulation as from 1. October 2015.(6) This Regulation shall not apply for a period of up to six weeks in the form of a vocational orientation phase. Non-official table of contents

§ 2 minimum fee

(1) The minimum fee is in the territory of the federal states of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Germany, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein
-
from 1. January 2015: 9.40 euros per hour,
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from 1. January 2016: 9.75 euros per hour,
-
from 1. January 2017: 10.20 euros per hour.
The minimum fee is in the territory of the federal states of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia
-
the 1. January 2015: 8.65 euros per hour,
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from 1. January 2016: 9,00 Euro per hour,
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from 1. January 2017: EUR 9.50 per hour.
(2) The minimum rate applicable in accordance with paragraph 1 shall also be for the transit times between several patients who are to be found and, where appropriate, between the patients and the premises of the Care operations to be paid.The minimum charge referred to in paragraph 1 shall be payable for periods of on-call time, in accordance with the principles set out below. On-call services within the meaning of this Regulation shall provide workers who, on the basis of the employer's order, reside outside the regular working hours at a position determined by the employer, in order to be able to work if necessary. if it is to be expected that work will be done, but experience has shown that the time without work is at least 75 per cent. They are to be deposited in the service plan. For the purpose of calculating charges, the time of on-call time, including the work performed, may be based on a collective or written individual contractual arrangement of at least 25 per cent as working time shall be assessed. If, in a calendar month, the worker or the employee provides more than eight on-call services, the time of each on-call on-call service exceeding eight shall be in addition to at least 15 per cent Working time. If the working performance within the standby service comprises more than 25 per cent, the additional working performance shall be paid in addition to the minimum fee referred to in paragraph 1.(4) This Regulation does not cover periods of call readiness. For the purposes of this Regulation, workers who, on the basis of the employer's order, reside outside the regular working hours at a position to be displayed to the employer, in order to be able to do so on demand in the EU. The existence of a willingness to call in this sense is not excluded by the fact that the employee is equipped with a mobile telephone or a comparable technical aid by the employer. In the case of a labour input, the working time shall be paid at least at the level of the minimum wage referred to in paragraph 1.(5) The provisions of the Working Time Act shall remain unaffected. Non-official table of contents

§ 3 Maturity

(1) The minimum fee specified in § 2 will be for the contractually agreed working time for the 15th day of the year. of the month following the month for which the minimum fee is to be paid. Working hours exceeding the contractually agreed number of hours can be made on the basis of written individual contractual or collective agreements up to a total of 225 working hours in a working time account set. In the event of an overrun of the ceiling referred to in the second sentence, the settlement of the right to remuneration for those working hours shall be the rule set out in the first sentence. The compensation of these hours may be paid out by paying out the amount of pay which exceeds the working hours stipulated by the contractually agreed working hours, or by paid leisure time.(2) The maximum of 225 working hours referred to in the second sentence of paragraph 1 shall not apply where the compensation for working hours exceeding the contractually agreed working time at the end of a compensatory period of a maximum of 16 months in the The Working Time Account Agreement is agreed. The right to remuneration of hours of work which have been entered into a working time account and which have not been compensated within the compensatory period referred to in the first sentence shall be due at the end of the compensation period applicable to those working hours. Furthermore, the 225-hour limit does not apply to value credits on the basis of the age part-time act, § § 7b and 7e of the Fourth Book of the Social Code or one with regard to the protection of employees comparable foreign legislation.(3) In the event of termination of the employment relationship, the employer shall compensate for unbalanced working hours at the latest in the calendar month following the termination of the employment relationship.(4) The provisions of the Working Time Act shall remain unaffected. Non-official table of contents

§ 4 Exclusion period

The claims to the minimum fee expire if they do not expire within twelve months of the date of the Susceptibility in writing shall be asserted. Non-official table of contents

§ 5 Entry into force, override

This regulation occurs on the 1. January 2015 in Kraft and on 31. October 2017, repeal.