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 Ordinance on mandatory working conditions for the care sector (second nursing work condition regulation - 2. PflegeArbbV) 2 PflegeArbbV Ausfertigung date: 27.11.2014 full quotation: "second nursing work condition regulation by November 27, 2014 (BAnz. AT 28.11.2014 V1) "for more information on the stand number occurs the V gem. § 5 of the 31.10.2017 overrides, see the menu see remarks footnote (+++ text detection from: 1.1.2015 +++) (+++ application cf. § 1 +++) input formula on the basis of article 11, paragraph 1 and 2 in connection with paragraph 3 of the workers Arbeitnehmer‑entsendegesetz by April 20, 2009 (BGBl. I S. 799) directed the Federal Ministry of labour and Social Affairs, after it employers falling within the scope of this legal regulation and workers and employees, as well as the parties of collective agreements" , which fall at least partly within the professional scope of this regulation, and gave opportunity to the written opinion co-determined commissions that set working conditions for the area of Church employers on the basis of ecclesiastical law in the care industry: § 1 scope (1) this Regulation applies to maintenance operations. These are businesses and self-employed operating departments, which provide primarily outpatient, stationary, or inpatient care or out-patient nursing services for those in care. No care establishments within the meaning of sentence 2 are facilities where the medical care, medical rehabilitation, participation in working life or in the life of the community, school education or the education of sick or disabled people in the foreground of the purpose of the institution are entitled, as well as hospitals.
(2) this Regulation shall apply to all workers and employees. Does not apply to: 1. trainees to the vocational training Act and 2 nursing students and nursing students.
(3) this regulation does not apply to workers and workers of the care structures in the following areas: 1 Administration, 2. in house engineering, 3rd in the kitchen, 4th in the domestic supply, 5th in the building cleaning, 6 in the area of reception and security service, 7 in the garden and grounds maintenance, 8th in the laundry, as well as 9th in the logistics.
(4) by way of derogation from paragraph 3, this regulation for workers and workers within the meaning of paragraph 3, insofar as they in the performing of them to activities to a not inconsiderable extent together with residents are daily exercises, activating, betreuend or nurturing active, shall apply in particular as: 1 everyday companions and companion, 2nd support forces people with denial Ellen or 3rd Assistant.
(5) for support forces of people with significant demand for general supervision and care (§ 87B of the eleventh book of the social code) and for workers and workers pursuant to paragraph 4 this regulation from 1 October 2015 to apply.
(6) this regulation does not apply for a vocational orientation phase, which is designed as a working relationship, for a period of up to six weeks.

Article 2 minimum wage (1) the minimum fee is in the area of the countries of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein – from 1 January 2015: 9.40 euro per hour – from 1 January 2016: 9.75 Euro per hour – 1 January 2017: €10,20 per hour.
The minimum fee is in the territory of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia - countries from 1 January 2015: 8.65 euros per hour – from 1 January 2016: 9,00 euro per hour – 1 January 2017: 9,50 euros per hour.
(2) the relevant paragraph 1 minimum fee is payable for travel times between several patients outreach to or patients, as well as, where appropriate, between them and the business premises of the maintenance operation.
(3) the relevant paragraph 1 minimum wage is payable for periods of readiness for service of in accordance with the following principles. Emergency services within the meaning of this regulation provide workers and workers who are on the order of an employer outside of regular working hours at a place determined by the employer, to record the work in case of need, if you expect, that although work is, but experience has shown that the time without work performance is at least 75 percent. You shall be deposited in the roster. The time of readiness for service including the work done on the basis of a collective legal or a written individual contractual arrangements with at least 25 percent as working time can be assessed for the purposes of calculating remuneration. The employee or the employee in a calendar month is more than eight readiness services, time of each exceeding eight emergency services call is in addition with at least 15 percent as working time to evaluate. The work performance within the ready service includes more than 25 percent, is also with the minimum wage referred to in paragraph 1 above and beyond job performance to be paid for.
(4) times of the call are not included of this regulation. Within the meaning of this regulation, workers and employees, who are on the order of an employer outside of regular working hours at a place to display the employer, to record the work on demand make call service. The presence of on-call duty in this sense is not excluded that the worker or the worker by the employer with a mobile phone or similar technical device is equipped. In the case of an employment, hours worked at least in the amount of the fixed minimum salaries pursuant to paragraph 1 is paid.
(5) the provisions of the working time Act remain unaffected.

§ 3 maturity (1) is the minimum fee set out in section 2 for the contractually agreed working hours on the 15th of the month due, which follows, is to pay the minimum fee for the month. Beyond the agreed number of hours working hours can be set on the basis of collective legal or written contractual agreements to a total height of 225 hours in a working time account. In the case of an overrun of the ceiling referred to in sentence 2, the rule applies to the due date of the entitlement to receive compensation this work pursuant to sentence 1. The compensation of these work hours can be done through payment of the consideration attributable to the beyond the contractually agreed working hours working hours or paid leisure.
(2) the upper limit of 225 hours of work referred to in paragraph 1 sentence 2 shall not apply, if the compensation of beyond the contractually agreed working hours working hours to the end of the period of compensation with a length of no more than 16 months in the Arbeitszeitkontenvereinbarung has been agreed. The entitlement to compensation of working hours, which were set in a working time account and were not compensated within the compensation period pursuant to sentence 1, is due with the compensation period applicable to these working hours. The upper limit of 225 hours also does not apply to assets on the basis of the age part time law, sections 7 (b) and 7e of the fourth book of the social code or a foreign control comparable in regard to the protection of workers and workers.
(3) in the event of termination of employment, the employer has to compensate not balanced work hours at the latest in the calendar month following the termination of the employment relationship.
(4) the provisions of the working time Act remain unaffected.

§ 4 rights on the minimum wage will lapse period if they are made in writing within a period of twelve months after their due date.

§ 5 entry into force, expiry this Regulation shall into force and on October 31, 2017 override on 1 January 2015.