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57. Ordinary of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, with which the collective agreement for the Verein Sozialwirtschaft Österreich-Verband der Austrian Social-und Gesundheitsunternehmen (SWÖ) Statutes shall be declared
The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 71/2013, authorized, at the request of a collective contractual body, the party of a collective agreement, in the presence of the conditions set out in paragraph 3 above, to this collective agreement by declaration of the statutes, even outside its own the spatial, professional and personal impact of a legally binding effect.
By order of 3 March 2016, the Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes following the implementation of a senate hearing:
Constitution of the Collective Agreement for the Verein Sozialwirtschaft Österreich-Verband der Austrian Social-und Gesundheitsunternehmen (SWÖ)
S 1/2016/XXII/96/1
Scope of the Statute
§ 1.
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Professional: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions: |
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public service bodies |
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Medical facilities, health care and hospitals |
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Rescue and Sanitary Services |
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Private kindergartens, crèches and horts (private day care homes) |
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self-organized or Parent-managed children's groups |
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Childcare facilities by day-care mothers (-fathers) |
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| b) |
Spatial: for the Republic of Austria, with the exception of the province of Vorarlberg |
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| c) |
Personal: all employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid Collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG) are covered. |
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| Excluded are: |
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Employment relationships of workers who are in measures of social assistance and/or social assistance. In the case of countries with disabilities, |
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Employment relationships based on the objective of (re-) integration of workers into the labour market, in so far as these measures are entrusted and/or promoted by third parties; this also applies in particular to employment relationships in the labour market. Framework of the non-profit-making labour force. |
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| However, this exception shall not apply to 1. Jänner 2007 established employment relationships of transit employees to employers, insofar as these employers are not subject to a collective agreement, which is carried out within the framework of social economic enterprises (SÖB) and/or non-profit institutions Employment projects (GBP) with the objective of (re-) integration work, these transit personnel are obligingly psychosocially accompanied and cared for and these measures are provided by the Labour Market Service, the Länder and/or the Federal Office for Social and disability-related matters. |
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| From 1. Jänner 2015 also does not apply to low-threshold, case-by-case employees (persons who cannot be reached by existing measures such as SÖB, GBP, AMS activation, care, advisory or qualification measures) or cannot yet be reached), who work with the objective of integration within the framework of social-economic enterprises (SÖB) and/or non-profit employment projects (GBP) and/or other labour market policy projects, in which Low-threshold, case-by-case employees mandatory psychosocial , and these measures are supported by the ESF and/or by the Länder and/or the Federal Social Office. |
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| For these unexcluded work conditions, the present declaration of statutes is valid insofar as it is based on § § 1, 3, 4 para. 1 and 3 to 6, § § 6, 7, 9, § 10 para. 1 to 6, § § 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the Collective agreement. |
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Employment relationships based on an allocation by a payer (Labour Market Service/AMS, Social Security Institutions/SV, Federal Office of Social Affairs and Disability, etc.) Qualification measures have to be taken into account. |
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(Ferial-) Interns as well as Volontarian/Volonaries. A person who stays in a facility for training purposes only in the short term, is not subject to a low fee. (Ferial-) Interns/in is, who in the framework of a school or university education due to a curriculum or of a study order is required to demonstrate practical activities. |
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| Excluded are employees according to § 36 para. 2 Z 1 or 3 Labour Constitution Act, § 1 sec. 2 Z 8 Arbeitszeitgesetz, § 1 Abs. 2 Z 5 Arbeitsruhegesetz und § 10 Abs. 2 Z 2 Arbeiterkammergesetz 1992, insofar as the declaration of statutes is based on the § § 4 to 12, 14, 15 and 19 of the Collective Agreement referred to in § 2. |
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| In addition, employees are excluded, who are the managing directors of the GmbHG (with power of representation according to § 15 GmbHG) and/or are employed as managing directors of large associations within the meaning of Section 22 (1) of the Vereinsgesetz (German Association Act), insofar as the declaration of Sat-zungsdeclaration relates to § § 4 to 12, 14, 15, 19, 28 and 29 of the collective agreement referred to in § 2. |
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Content of the Statutes
§ 2.
| 1. |
The association between the Social Economy Association of Austria-Association of Austrian Social and Health Companies and the Austrian Trade Union Confederation, trade union of private employees, pressure, journalism, paper and union VIDA, on 14. Jänner 2016 completed |
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Collective agreement for employees who are employed by members of the Social Economy Association of Austria-Association of Austrian Social and Health Companies (SWÖ)
(as of 1 February 2016)
| at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 69/2016 and published in the "Official Journal of the Wiener Zeitung" of 13 February 2016, |
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shall be declared a statute.
| 2. |
The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes: |
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§ 2 |
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in § 41 Z 2/B, third paragraph, the sentences: " The effectiveness of the opting shall enter into force on 1 January 2005. In establishments which, after 1 July 2004, accede to the Austrian social economy and are therefore subject to this KV, every worker has the right of opting within six months of the effectiveness of the KV for that establishment. " |
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§ 42 |
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| 3. |
Insofar as § 30a (1) has been filed for the entry into force of Section 30a (1) (as amended on 1.1.2004), the date of entry into force of the Articles of Association shall be replaced by the date of entry into force of the Statute (§ 3). |
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| 4. |
Insofar as reference is made to the entry into force of the collective agreement in § 41 Z 2/B, the date "1 May 2006" shall be replaced by the date on which this date is entered. In the case of employment relationships for which this Statute will not take effect until 1 May 2006, an opting period of six months shall apply from the date of effect of the Articles of Association. |
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Beginning of the effectiveness and duration of the Articles of Association
§ 3. The date of effectiveness of the Articles of Association shall be 1 February 2016 as the beginning of the period of effectiveness. The term of validity of the Articles of Association shall be governed by the period of validity of the Treasury Collective Agreement.
Lukovich
