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Second Regulation on mandatory working conditions for the care sector

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 Conditions Regulation-2. Care ArbbV)

Unofficial table of contents

2. Care ArbbV

Date of completion: 27.11.2014

Full quote:

" Second care work conditionsRegulation of 27 November 2014 (BAnz. AT 28.11.2014 V1) "

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2015 + + +) 
(+ + + For application cf. § 1 + + +)

Unofficial table of contents

Input formula

Pursuant to § 11 (1) and (2) in conjunction with paragraph 3 of the Employees ' 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 has given written opinion: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to foster care establishments. 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 (2) This Regulation applies to all employees and workers. It shall not apply to:
1.
Apprentices in accordance with the Vocational Training Act and
2.
Caregivers and caregivers.
(3) This Regulation shall not apply to workers employed in the care establishments in the following areas:
1.
in the administration,
2.
in the field of building technology,
3.
in the kitchen,
4.
in the provision of domestic services,
5.
in the cleaning of buildings,
6.
in the area of the reception and security services,
7.
in garden and off-road care,
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 in so far as they are not insignificant in the context of the activities to be carried out by them, together with residents Day-to-day structuring, activating, advising or caring, in particular as:
1.
Everyday companions,
2.
Care workers of people with dementia diseases or
3.
Assistant power.
(5) For the care of persons with a significant need for general supervision and care (Section 87b of the Eleventh Book of the Social Code) and for workers in accordance with paragraph 4, this Regulation shall apply from 1 January 2008 onwards. (6) This Regulation shall not apply to a vocational orientation phase, which is designed as a work relationship, for a period of up to six weeks. Unofficial table of contents

§ 2 Minimum remuneration

(1) The minimum fee is in the territory of the Länder of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein.
-
as of 1 January 2015: 9,40 Euro per hour,
-
from 1 January 2016: 9,75 Euro per hour,
-
from 1 January 2017: 10.20 euros per hour.
The minimum wage is in the area of the federal states of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia
-
from 1 January 2015: 8,65 Euro per hour,
-
from 1 January 2016: 9,00 Euro per hour,
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from 1 January 2017: 9,50 Euro per hour.
(2) The minimum wage referred to in paragraph 1 shall also be payable for periods of transit between a number of patients who are to be taken up and, where appropriate, between those patients and the business premises of the care establishment. (3) The minimum fee referred to in paragraph 1 shall be: the minimum level of remuneration 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 the remuneration, the time of the 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 eight standby services shall be in addition to at least 15 per cent Working time. If the amount of work 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 shall not cover periods of time of Ready to call. 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 obtain the work on demand , 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 working admission, 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. Unofficial table of contents

§ 3 Due date

(1) The minimum fee laid down in § 2 shall be paid for the contractually agreed working time of the 15. 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 exceeding the working hours agreed on by the contract, or by paid leisure time. (2) The upper limit of 225 working hours after The second sentence of paragraph 1 shall not apply where the compensation of working hours exceeding the working time agreed upon is agreed at the end of a compensatory period of not more than 16 months in the working-time agreement. The right to remuneration of hours of work which have been entered into a working time account and which have not been compensated for 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 (3) In the event of termination of the employment relationship, the employer has to compensate for unbalanced working hours at the latest in the calendar month following the termination of the employment relationship. (4) The The provisions of the Working Time Act shall remain unaffected. Unofficial table of contents

§ 4 Exclusion Period

Claims to the minimum fee shall expire if they are not asserted in writing within twelve months of their due date. Unofficial table of contents

§ 5 Entry into force, external force

This Regulation shall enter into force on 1 January 2015 and 31. October 2017, repeal.