57. Regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, which explains the collective agreement for the Club social economy Austria - Austrian social - and healthcare companies (SWÖ) Association to the articles of Association
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with article 18, paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. is 71/2013, empowered, at the request of a collective agreement-capable body, the party to a collective agreement, to grant legally binding effect this collective agreement by declaration to the Statute also beyond its spatial, technical and personal effects when the conditions specified in paragraph 3.
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection has adopted with decision of 3 March 2016 to hold a Senate hearing following articles:
Articles of the collective agreement for the Club social economy Austria - Association of Austrian social - and healthcare companies (SWÖ)
Scope of the Statute
a) professionally: For providers of social and health services of preventive, attending or rehabilitative nature for persons who require adequate assistance or support, with the following exceptions: - public entities - spas -, Spa - and - rescue and medical services - hospitals private kindergartens, nurseries and crèches (private children Tagesheim) - self-organizing or parents-managed groups of children - child care facilities through Tagesmütter(-Väter) b) spatial: for the Republic of Austria, excluding the Federal Province of Vorarlberg c) personal : all employers within the professional scope, as well as by the employer in the territorial scope employed workers and apprentices, unless their working conditions through a valid collective agreement (except collective agreements pursuant to § 18 para 4 ArbVG) are recorded.
Working conditions, be justified with the objective of the (re-) integration of workers into the labour market, as far as commissioned these measures by third parties and/or promoted - employment of workers who are employed in measures after sozialhilfe - or disabled legal rules of the countries - are excluded. This applies in particular to working conditions within the framework of voluntary labour assignment.
This exception does not applies to employment relationships established as of 1 January 2007 by transit employees to employers, as far as these employers are subject to any collective agreement, which in the context of socio-economic enterprises (QAOUD) and/or non-profit employment projects (GBP) with the objective of the (re-) integration work, obligatory psychosocial accompanied this transit employees and serve and are promoted by the labour market service, the countries or the Federal Office of social and Disability Affairs.
From 1 January 2015 this exception applies about it, not even for low-threshold, occasional workers (persons that existing measures such as QAOUD, GBP, AMS activation, support, advice or training measures are unavailable or still cannot be reached), working in the context of socio economic enterprises (QAOUD) and/or non-profit employment projects (GBP) or other labour market policy projects with the aim of integrating , where down-threshold, occasionally employees obligatory psychosocial accompanied and supervised are and these measures of the ESF and/or by the countries or the Federal Social Welfare Office are promoted.
This not excluded employment contracts the present Statute Declaration is, as far as they on §§ 1, 3, 4 para 1 and 3 to 6, §§ 6, 7, 9, § 10 para 1 to 6, sections 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement mentioned in paragraph 2 applies.
-Working conditions, on the basis of an assignment by a cost object (labour market service/AMS, social insurance institutions/SV, Federal Office of social and Disability Affairs, etc.) Qualification measures have to the content.
-(Ferial -) interns and volunteers/volunteers. Volunteer is who holds up in the short term only for educational purposes in a facility; a small fee does not preclude a trainee. (Ferial-) Intern is who is committed within the framework of a school or university education based on a curriculum or a study to prove practical activities.
Workers in accordance with § 36 para 2 Z 1 or 3 are also labor Constitutional Act, § 1 para 2 Z 8 working hours Act, § 1 para 2 Z 5 work in peace law and § 10 par. 2 Z 2 Chamber of Labour Act 1992, as far as the Declaration of the Statute refers to the sections 4 to 12, 14, 15 and 19 of the collective agreement listed in section 2.
Moreover, yet workers are excluded, which as Managing Director on - according to GmbHG (with power of representation according to § 15 GmbHG) or as Managing Director of big clubs in the sense of § 22 para 1 are engaged Associations Act, as far as the sat zungserklärung refers to 28 and 29 of the Kollektivvertra ges listed in § 2 the sections 4 to 12, 14, 15, 19,.
Content of the articles of Association
1, collective agreement for workers employed in members of the Association of social economy Austria - Association of Austrian social - and healthcare companies (SWÖ) are between the Club social economy Austria - Austrian social - and Healthcare Association and the Austrian Trade Union Federation, Union of private employees, printing, journalism, paper and Union VIDA on January 14, 2016 (as of February 1, 2016)
at the Federal Ministry of labour, Social Affairs and consumer protection under register number KV 69/2016-stored and in the "Amtsblatt zur Wiener Zeitung" by the 13 February 2016 announced, explains to the articles of Association.
2. of the Statute declaration below mentioned collective agreement are excluded: - § 2 - in § 41 Z 2/B third paragraph sets: "the effectiveness of opting with 1 January 2005 into force. In companies that join to the social economy Austria 1.7.2004, and thus under this KV, every worker has the right of the opting period of six months after effectiveness of CT for this operation."
-§ 42 3.
As far as in section 30a, no. 1 on the entry into force of section 30a, paragraph 1 (in the version of 1.1.2004) is turned off, the entry into force of the Statute (§ 3) takes place this date.
4. If Z 2/B on the entry into force of the collective treaty reference is made in section 41, the date "1 May 2006" will take place this date. An opting period of six months from the articles of Association be for employment, for which this Constitution becomes effective after May 1, 2006.
Beginning of the effectiveness and validity of the Statute
§ 3. The 1 February 2016 is set as the start of the effectiveness of the Statute. The validity of the Statute depends on the validity of the gesatzten collective agreement.