Collective Agreement for Health Resorts and Rehabilitation Facilities, Employees / Workers, valid from April 1, 2022

Applies to:

Austria-wide

collective agreement

for workers and employees in private health resorts and rehabilitation facilities

I. Contracting party

The collective agreement is concluded between

• the Professional Association of Healthcare Companies, Wiedner Hauptstraße 63, 1045 Vienna, and
  
• the Austrian Trade Union Federation, vida trade union, Health Department, Johann-Böhm-Platz 1, 1020 Vienna and the GPA trade union, Alfred Dallingerplatz 1, 1030 Vienna

II. Linguistic equality

For all personal designations in this collective agreement, the chosen form applies to both genders.

III. Scope

The collective agreement applies

• spatially for the federal territory,
  
• professionally for the following companies belonging to the Professional Association of Healthcare Companies in the Austrian Federal Economic Chamber:
  
  • Special hospitals for inpatient rehabilitation according to § 2 paragraph 1 item 2 KAKuG,
    
  • Health resorts in accordance with Section 42a KAKuG,
    
  • Health resorts with an attached outpatient clinic in accordance with Section 2 Paragraph 1 Item 5 KAKuG,
    
  • independent outpatient clinics pursuant to Section 2 Paragraph 1 Item 5 KAKuG, which provide outpatient rehabilitation services and have a contractual relationship with the Pension Insurance Institution; not included are outpatient clinics for physical medicine, whose services are predominantly provided in the area of ​​physical therapy and not in the area of ​​outpatient rehabilitation within the framework of a contractual relationship with the Pension Insurance Institution, as well as outpatient clinics that have a contract with the Pension Insurance Institution for inpatient psychiatric rehabilitation.
    
• personally for all employees and workers employed in one of the above-mentioned establishments.
  

Excluded from the personal scope of this collective agreement are:

• senior employees within the meaning of Section 36 of the ArbVG, in any case the medical director, the nursing service manager and the administrative manager,
  
• Interns, trainees and volunteers as well as persons whose training is funded by the AMS, another public institution or an employment foundation or who receive further training funding.
  

For workers and employees in the catering trade who are not covered by the wage or salary tables, the collective agreements for workers and employees in the hotel and catering industry in the respective federal state apply. These catering trades include reception staff, service staff, kitchen staff, interior and exterior cleaning staff and assistants.

IV. Provisions for Employees

1. Employment relationship

The provisions of the Salaried Employees Act in its currently valid version apply to the employment relationship.

According to Section 2 of the Employment Contract Law Adjustment Act (AVRAG), employees must be given a written record (service note) of the essential rights and obligations arising from the employment contract when the employment contract is concluded. This obligation does not apply if a written employment contract contains all the necessary information.

2nd classification

The employee is to be classified into the relevant employment group of the wage and salary table according to his or her activity, taking into account any previous periods of service.

The prerequisite for classification in a job group is that the employee is employed in accordance with the training required by the job group. In any case, the basis for classification is the activity performed.

Previous periods of service are periods of service of at least 3 months uninterrupted duration with the same or another employer as well as periods of at least 3 months uninterrupted self-employment, in the same or a comparable profession. Apprenticeship, school and training periods are not considered previous periods of service.

Previous periods of service in the same profession are to be credited to the employee up to a maximum of 5 years. Previous periods of service in a comparable profession are to be credited to the employee up to this extent only if they were completed in the same company.

3. Remuneration

Remuneration is based on the wage and salary table included in the appendix to the collective agreement. This forms an integral part of the collective agreement and includes the salaries as well as the allowances and bonuses of the employees.

The salary is the amount according to the salary table without allowances and bonuses. In addition to the salary, the employee is entitled to the following allowances:

• Sunday and public holiday allowance
  
• night allowance
  

4. Special payments

The employee is entitled to an annual holiday allowance and a Christmas bonus amounting to one month's salary.

When calculating the holiday allowance or Christmas remuneration, all fixed allowances must be taken into account.

The holiday allowance must be paid out no later than 30 June and the Christmas bonus no later than 30 November of the current year.

Holiday allowance and Christmas bonus are only due to the employee on a pro rata basis when joining or leaving the company during a calendar year.

Statutory and contractual leave periods reduce the entitlement to holiday allowances and Christmas remuneration, as do unpaid periods due to sick leave.

5. Termination of the employment relationship

The employer and the employee may terminate the permanent employment relationship in accordance with Section 20 of the Employees Act.

V. Provisions for Workers

1. Employment relationship

The provisions of the German Civil Code and the Trade Code 1859 in their currently valid versions apply to the employment relationship.

According to Section 2 of the Employment Contract Law Adjustment Act (AVRAG), workers must be given a written record (service slip) of the essential rights and obligations arising from the employment contract when the employment contract is concluded. This obligation does not apply if a written employment contract contains all the necessary information.

2nd classification

The worker is to be classified into the relevant employment group of the wage and salary scale according to his activity, taking into account any previous periods of service.

The prerequisite for classification in a job group is that the employee is employed in accordance with the training required by the job group. In any case, the basis for classification is the activity performed.

Previous periods of service are periods of service of at least 3 months uninterrupted duration with the same or another employer as well as periods of at least 3 months uninterrupted self-employment, in the same or a comparable profession. Apprenticeship, school and training periods are not considered previous periods of service.

Previous periods of service in the same profession are to be credited to the worker up to a maximum of 5 years. Previous periods of service of this length in a comparable profession are to be credited to the worker only if they were completed in the same company.

3. Remuneration

Remuneration is based on the wage and salary table included in the appendix to the collective agreement. This forms an integral part of the collective agreement and includes the wages as well as the allowances and bonuses for workers.

The wage is the amount according to the wage table without allowances and bonuses. In addition to the wage, the worker is entitled to the following allowances:

• Sunday and public holiday allowance
  
• night allowance
  

4. Special payments

The worker is entitled to an annual holiday allowance and a Christmas bonus amounting to one month's salary.

When calculating the holiday allowance or Christmas remuneration, all fixed allowances must be taken into account.

The holiday allowance must be paid out no later than 30 June and the Christmas bonus no later than 30 November of the current year.

Holiday allowance and Christmas bonus are only due to the employee on a pro rata basis when joining or leaving the company during a calendar year.

Statutory and contractual leave periods reduce the entitlement to holiday allowances and Christmas remuneration, as do unpaid periods due to sick leave.

5. Termination of the employment relationship

Employers and employees can terminate the permanent employment relationship by observing the following notice periods:

• up to the completed 5th year of service 2 weeks,
  
• up to the completed 10th year of service 3 weeks,
  
• up to the completed 15th year of service 4 weeks,
  
• up to the completion of 25 years of service 5 weeks,
  
• after more than 25 years of service, 6 weeks.
  

From the moment the termination rules for employees also apply to workers, it is agreed that the employer can terminate the employment relationship on the last 15th of every month without this being agreed in the employment contract.

VI. Common provisions for all employees

1. Working hours for employees subject to the Hospital Working Hours Act

At the request of the full-time or part-time employee, it is possible to transfer credits (or debts) of normal working hours twice, in the amount of a contractually agreed weekly normal working time, from one calculation period to the next calculation period. Different arrangements can be made by company agreement.

In the case of extended shifts in accordance with Section 4 of the Hospital Working Hours Act, the normal weekly working hours are on average up to 40 hours within an averaging period of 26 weeks; they can be up to 72 hours in individual weeks. In the case of extended shifts, the normal daily working hours must not exceed 25 hours.

Handover times for nursing staff are considered working hours.

Rest breaks within the meaning of the Hospital Working Hours Act are not working hours. The periods for eating meals are not included in working hours. The break for eating meals must be at least half an hour.

The duty roster must be prepared two weeks in advance for one month.

If the employee does not work the required working hours for the respective weekday on December 24th or December 31st because the employee has part of the day off, the required working hours are deemed to have been worked. More favorable arrangements can be made through a company agreement.

2. Working hours for employees who are not subject to the Hospital Working Hours Act

Within a calculation period of 13 weeks, the normal weekly working hours are on average 40 hours and can be up to 48 hours in individual weeks. The normal daily working hours can be up to 9 hours.

At the request of the full-time or part-time employee, it is possible to transfer credits (or debts) of normal working hours twice, in the amount of a contractually agreed weekly normal working time, from one calculation period to the next calculation period. Different arrangements can be made by company agreement.

The normal daily working hours can be 12 hours if on-call work is required in accordance with Section 5 of the AZG.

The periods for taking meals are not included in working hours. The break for taking meals must be at least half an hour

Rest breaks within the meaning of the Working Hours Act are not working hours. The duty roster must be prepared two weeks in advance for one month.

If the employee does not work the required working hours for the respective weekday on December 24th or December 31st because the employee has part of the day off, the required working hours are deemed to have been worked. More favorable arrangements can be made through a company agreement.

3. On-call duty

Within a period of 3 months, on-call duty can be agreed on 30 days, which is to be compensated financially. 

4. Part-time employment

All labor law provisions set out in this collective agreement apply to part-time employees. Salaries or wages and fixed allowances are only due to part-time employees in proportion to the agreed working hours compared to the normal working hours for full-time employees. 

5th sabbatical 

Employers and employees can agree on a sabbatical. This is a period of time that allows the employee to have a longer period of time off without having to work. At the same time, the employer's obligation to pay wages is reduced accordingly over an overall period at the end of which the sabbatical must take place.

The sabbatical agreement must be made in writing, otherwise it will be legally invalid. From the time the employee returns to work after the sabbatical, all the provisions of the employment contract that was in place before the start of the sabbatical apply, in particular the working hours, place of work and area of ​​responsibility of the employee. Deviating agreements in writing are permissible. D The employer cannot legally terminate the employment relationship until 4 weeks after the end of the sabbatical.

The sabbatical can last a maximum of 12 months in a total period of 24 months. The employee's remuneration for the total period is reduced by multiplying the wage or salary including the fixed allowances by a factor. This factor is calculated by subtracting the months of the sabbatical from the number of months in the total period and dividing the resulting number of months by the number of months in the total period. For example, for a sabbatical of 3 months in a period of 12 months, this means a factor of 0.75 (calculation: 12 - 3 = 9 : 12 = 0.75) or for a sabbatical of 6 months in a period of 18 months, this means a factor of 0.67 (calculation: 18 - 6 = 12 : 18 = 0.67). 

6. Overtime

Overtime occurs when the normal daily or weekly working hours are exceeded. For part-time employees, overtime only occurs when the normal working hours applicable to full-time employees are exceeded.

Daily or weekly overtime performed on working days – Monday to Saturday, excluding public holidays – between 6:00 a.m. and 8:00 p.m. is subject to a surcharge of 50% on

• the salary for the normal hour or
  
• the wage for the normal hour
  

plus the fixed allowances per hour.
Daily or weekly overtime, which is performed on Sundays and public holidays all day and on working days between 8 p.m. and 6 a.m., is to be paid with a surcharge of 100% on

• the salary for the normal hour or

• to pay the wage for the normal hour plus the fixed allowances per hour.

Daily or weekly overtime, together with any applicable bonuses, will be paid at the end of the month following the month in which the overtime was performed.

Overtime resulting from exceeding the permissible amount of normal working hours at the end of an averaging period shall be subject to a surcharge of 50% on

• the salary for the normal hour or
  
• the wage for the normal hour
  

plus the fixed allowances per hour and are paid at the end of the month following the end of the averaging period.

7. Rest from work

The time of the substitute rest can be determined in deviation from Section 6 of the Working Rest Act.

8. Vacation, care leave

The entitlement to holiday and the entitlement to care leave are governed by the statutory provisions in their currently applicable version.

The statutory provisions in their currently valid version as well as the provisions of the general collective agreement on the concept of holiday pay apply to the calculation of holiday pay.

9. Entitlement to remuneration in the event of absence from work

The entitlement to remuneration in the event of absence from work is determined in accordance with the Employees Act and the Continued Remuneration Act in their currently valid version. In particular, the employee is entitled to be released from work with continued payment of remuneration in the following cases:

• if you are getting married yourself, 3 working days;
  
  
• if attending the wedding of children and siblings, 1 working day;
  
• in the event of the death of the spouse or life partner, if he (she) lived with the employee in the same household, 2 working days;
  
• when attending the funeral of a spouse or life partner, if he (she) did not live in the same household as the employee, 1 working day;
  
• in the event of death of parents, parents-in-law or children, 1 working day;
  
• if attending the funeral of parents, parents-in-law, children, siblings or grandparents, 1 working day;
  
• if the spouse or partner gives birth, 1 working day;
  
• in the case of a change of residence, the necessary time, but no more than 2 working days within one year;
  
• for the duration of necessary medical and dental treatment.
  

These reasons for absence from work apply analogously to registered partnerships. Any reasons for absence from work that are fixed or can be planned must be reported to the employer immediately upon becoming aware of them. Reasons for absence from work that are not fixed or can be planned must be reported to the employer immediately upon the occurrence of the reason for absence from work.

Exemption from service is only granted immediately following the event that gave rise to the reason for the inability to work.

10th uniform

The employer is entitled to order and monitor the wearing of work clothes. In this case, the employer must provide the work clothes for the duration of the employment relationship and clean them. This also applies to protective clothing that is required by law for certain activities. Deviating regulations by works agreement are permissible.

11. Business trips

A business trip occurs when an employee leaves his or her place of work to carry out an assignment given to him or her.

If the business trip begins from the workplace, it begins when the employee leaves the workplace. In all other cases, the business trip begins when the employee leaves home for travel reasons. The business trip ends when the employee returns to the workplace or returns to home for travel reasons.

For business trips, the employee is entitled to reimbursement of the travel costs incurred; for air and rail journeys, the maximum reimbursement is the cost of the flight or travel costs for second class or a comparable standard. In addition, the employee is entitled to additional expense compensation for business trips, consisting of a daily allowance and overnight allowance. The amount of this money is based on the corresponding tax-free rates according to the Income Tax Act in its currently valid version.

In addition, the employee is entitled to reimbursement of all additional expenses incurred in the interest of the employer or on his instructions. These must be proven by receipts.

16th compulsory internship

Persons who are not under permanent personal supervision and who have to complete an internship due to school or university regulations are entitled to a monthly salary or wage of EUR 583.00. They are not entitled to any allowances.

16a. Holiday employment relationships

Holiday workers are people who are temporarily employed during school or semester breaks while attending school or studying, without being obliged to do so by school or university regulations. Holiday workers are entitled to a salary of EUR 906.00 for the duration of their employment.

17. Forfeiture of claims

Claims of the employee or the employer arising from the employment relationship must be asserted in writing within 6 months of the due date, with the exception of claims pursuant to Section 34 of the Employees Act or Section 1162d of the General Civil Code or other mandatory claims regulated by law, otherwise they will expire. If asserted in a timely manner, the statutory limitation period is observed.

VII. Commencement of validity and termination provisions

The collective agreement in its current version will enter into force on April 1, 2022.

The collective agreement, including the wage and salary tables, can be terminated by either party by registered letter with an 8-week notice period effective September 30. During the notice period, negotiations must be initiated to conclude a new collective agreement.

VIII. Transitional and final provisions

The following transitional provisions apply to employment relationships that were established before the collective agreement came into force on December 1, 2013. They also apply to employment relationships in independent outpatient clinics pursuant to Section 2 Paragraph 1 Item 5 KAKuG, which provide outpatient rehabilitation services and have a contractual relationship with the Pension Insurance Institution (with the exception of the outpatient clinics listed in the professional scope in Section III, which are not covered by the scope), insofar as the employment relationships in these companies were established before the collective agreement came into force on October 1, 2020.

The classification of the employees concerned in the wage and salary table takes into account all years of service and previous periods of service acquired in the company while still in employment in accordance with Sections IV (2) and V (2). Apprenticeship, school and training periods are not considered previous periods of service.

Existing higher wages and salaries and more favorable labor law agreements will not be affected by the entry into force of this collective agreement on April 1, 2022.

General allowances, such as employment or hardship allowances, can be offset against the new collective wages and salaries now in force on the occasion of the first application of this collective agreement to the employment relationship (transfer to the collective agreement). Special performance bonuses, such as massage allowances or allowances for lymphatic drainage, are granted in addition to the new collective wages and salaries.

Vienna, April 2022 

Association of Healthcare Companies

Austrian Trade Union Federation
vida trade union

Austrian Trade Union
Federation GPA

GPA trade union
economic sector "Health, Social Services, Child and Youth Welfare"