Minimum working conditions (care sector)

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For the care sector, a statutory ordinance of the Federal Ministry of Labor and Social Affairs according to § 11 AEntG can set binding minimum working conditions for all employees in this sector, in particular a minimum wage . In contrast to other sectors, the content of the minimum working conditions is not specified in a minimum wage agreement, but is proposed by a commission made up of unions and non-church care employers as well as employers and employees of the churches . So far, only a minimum wage has been set for the industry.

Legal basis

The creation and effect of the minimum working conditions is based on the Posted Workers Act (AEntG). With the new version of this law at the beginning of 2009, the law originally created only for the construction industry and the protection of this industry from cheap foreign competition by workers posted from abroad (hence the name Posted Workers Act) was extended to the care industry and other industries.

Nursing companies

The care minimum working conditions apply in the care sector. This includes all businesses or independent business units that provide outpatient, semi-inpatient or fully inpatient care services or outpatient nursing care services for those in need of care. Hospitals, rehabilitation facilities or facilities for the disabled are not care establishments in this sense.

Minimum working conditions

Regulations can be established as minimum working conditions via:

Definition of the content of the minimum working conditions

The content of the minimum working conditions, which will be made legally binding by the ordinance, such as the level of the minimum wage, are proposed by the commission for the development of working conditions or their amendment .

Commission solution as a special regulation because of the particularities in the church care area

With the “commission solution”, a special regulation was created for the care sector. While in the other sectors in which a minimum wage is possible, this is set in a collective agreement that is made generally binding by ordinance , in the care sector the Commission proposal replaces the collective agreement.

This accommodates the special role of the churches . The churches refuse, citing the church's right to self-determination, to conclude collective agreements or to submit to collective agreements. Instead, the churches practice what is known as the Third Way. This means that the working conditions, which are otherwise agreed in collective agreements between employers and trade unions, are laid down in special church regulations, which are adopted by committees with equal representation on the side of the employer (employer) and the employee side (employee). Such regulations are, for example, the employment contract guidelines of the German Caritas Association (AVR) or the Diakonie or the Federal Employees Collective Agreement - Church Version (BAT-KF).

Establishment and composition of the commission

The commission is set up on a case-by-case basis if this is requested by a party to the collective bargaining agreement in the care sector or if this is requested by the employers or employees of committees with equal representation under the special law of the churches.

The commission consists of eight members who are appointed by the Federal Ministry of Labor and Social Affairs on the proposal of the groups involved. In the event of a substitute, a representative from each group is named. The commission is headed by a chairman who is not entitled to vote and is appointed by the Federal Ministry of Labor and Social Affairs.

The commission consists of two people each from the following groups as voting members:

  • the unions that are responsible for collective bargaining in the care sector
  • the associations of (non-church) employers in the care sector
  • the church employee side
  • the church employers' side

The first commission was appointed on September 11, 2009 based on the suggestions of ver.di , the nursing employers 'association , the association of municipal employers' associations and the labor law commissions of the Diakonisches Werk of the Evangelical Church in Germany and the German Caritas Association . The chairman of the commission was Rainer Brückers, who was also an executive board member of the Arbeiterwohlfahrt (AWO).

On October 2, 2013, another application was made to set up a commission to develop working conditions in the care sector. Until December 4, 2013, the organizations entitled to propose can propose suitable members and alternate members. The Federal Ministry of Labor and Social Affairs will then nominate the committee members.

Commission decisions

The committee is only quorate if all eight members are present or represented.

A decision is only reached when a three-quarters majority in four different groups votes for it. So there must be four votes, each of which is attended by different committee members. A three-quarters majority is required in each case

  1. of members of non-church workers and non-church employers
  2. of the members of church workers and church employers
  3. of members of non-church workers and church workers
  4. members of non-church employers and church employers

Nursing minimum wage

After the commission had agreed on a minimum wage, the Federal Ministry of Labor and Social Affairs issued the Nursing Conditions Ordinance on July 15, 2010. With effect from August 1, 2010, a minimum nursing wage will apply in Germany for the first time. The minimum wage applies to all employees who work in the care sector in Germany, regardless of whether the employer is a domestic or a foreign care company. On September 4, 2014, the care commission agreed that the minimum wage for care should be increased gradually from January 1, 2015 in three steps up to 2017.

West Germany / Berlin * East Germany**
from August 1, 2010 8.50 euros / hour 7.50 euros / hour
from January 1, 2012 8.75 euros / hour 7.75 euros / hour
from July 1, 2013 9.00 euros / hour 8.00 euros / hour
from January 1, 2015 9.40 euros / hour 8.65 euros / hour
from January 1, 2016 9.75 euros / hour 9.00 euros / hour
from January 1, 2017 10.20 euros / hour 9.50 euros / hour

- * States of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein
- ** States of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia

literature

  • Thorsten Siefarth: Labor, service and professional law in the care company. For employees and managers. Quidditas, Petershausen 2013, ISBN 978-3-944589-00-8 . (Two volumes)

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  1. ↑ Posted Workers Act of April 20, 2009 ( BGBl. I p. 799 )
  2. ↑ Compared to the original draft law of the Federal Government of October 7, 2008 ( BT-Drucksache 16/10486 ; PDF; 255 kB), based on the recommendation for a resolution and the report of the Committee for Labor and Social Affairs of January 21, 2009 ( BT-Drs. 16 / 11669 ; PDF; 2.1 MB) a special "commission solution " for the care sector included in the draft law, which was passed in the amended version by the Bundestag on January 22, 2009 ( plenary minutes 16/200 ; PDF; 2.1 MB)
  3. ^ List of the members of the commission
  4. ↑ BMAS press release
  5. ↑ Announcement on the right to propose the nomination of members or deputy members of the commission in accordance with Section 12 of the Posted Workers Act of October 10, 2013, Federal Gazette Official Part of October 23, 2013 B2
  6. ↑ Verdi press release of March 25, 2010
  7. ↑ Ordinance on mandatory working conditions for the care sector (PflegeArbbV) of July 15, 2010, Federal Gazette issue No. 110 of July 27, 2010, page 2571 ( Memento of the original of January 13, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and not yet tested. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.gesetze-im-internet.de
  8. ↑ BMAS press release of September 5, 2014

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