Declaration Of The Collective Agreement For The Club Social Economy Austria - Austrian Social - And Healthcare Companies (Swö) Association To The Articles Of Association

Original Language Title: Erklärung des Kollektivvertrages für den Verein Sozialwirtschaft Österreich – Verband der österreichischen Sozial- und Gesundheitsunternehmen (SWÖ) zur Satzung

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57. Ordinance 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) zur Verein der Austrian Social-und Gesundheitsunternehmen (SWÖ) Statutes shall be declared

The Federal Integration Office at the Federal Ministry of Labour, Social Affairs and Consumer Protection is in accordance with Section 18 (1) of the German Labour Constitution Act (Arbeitsverfassungsgesetz, BGBl). 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 sphere of action legally binding effect.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes by decision of 3 March 2016 following the implementation of a senate hearing:

Statute of the Collective Contract for the Verein Sozialwirtschaft Österreich-Verband der Austrian Social-und Gesundheitsunternehmen (SWÖ)

Association of Austrian Social and Health Companies)

S 1/2016/XXII/96/1

Scope of the Articles of Association

§ 1.

)

Fachlich: for providers of social or health services preventative, maintainers, or Rehabilitative type for persons requiring appropriate assistance or care, with the following exceptions:

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public-service facilities

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Health Care, Health and Health Care

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Rettings and Sanity Services

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Private kindergartens, nursery crèches and horts (private day care homes)

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itself organized or Parents-managed children's groups

Child care facilities by day-care mothers (-fathers)

)

Spatial: for the Republic of Austria, with the exception of the province of Vorarlberg

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Personal: all employers in the field of expertise and those of them Employers in the territorial scope of employed workers and apprentices, provided that their employment relationships are not covered by a valid collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG).

removed

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Work relationships of workers who are working in social-assistance measures-or Countries ' disability provisions,

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Work relationships with the objective of (re-) integration of workers in the The labour market shall be justified in so far as these measures are entrusted and/or promoted by third parties, in particular in the case of employment relationships within the framework of the non-profit-making labour force.

This exception does not apply to from 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.

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.

For these unexcluded work relationships, the present declaration of statutes applies as far as they are based on § § 1, 3, 4 (1) and 3 to 6, § § 6, 7, 9, § 10 (1) to (6), § § 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement referred to in § 2.

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Work relationships that are based on an assignment by a cost carrier (Labour Market Service/AMS, Social Security Institutions/SV, Federal Office of Social Affairs and Disability, etc.) Qualification measures for content.

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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.

The employees are also employed according to § 36 paragraph 2 Z 1 or 3 of the German Labour Constitution Act, § 1 sec. 2 Z 8 Arbeitszeitgesetz, § 1 Abs. 2 Z 5 Labour Law and Section 10 (2) (2) of the Labour Chamber Act 1992, insofar as the declaration of statutes refers to § § 4 to 12, 14, 15 and 19 of the collective agreement referred to in § 2.

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 German Association Act (Vereinsgesetz), 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.

Content of the Articles of Association

§ 2.

1.

The Social Economy Association of Austria-Association of Austrian Social and Social Economy Health care companies and the Austrian Trade Union Confederation, trade union of private employees, printing, journalism, paper and union VIDA, on 14.  Jänner 2016 completed

Collective contract for employees who are employed by members of the Social Economy Association of Austria-The Austrian Social and Health Association (SWÖ)
(as of 1 February 2016)

filed by 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 the 13 February 2016 revealed,

is explained to the statutes.

2.

The terms and conditions set out below in the collective agreement are as follows: except:

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§ 2

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in § 41 Z 2/B third paragraph the sentences: " The effectiveness of the opting occurs with 1.1.2005 in force. 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

3.

As far as § 30a (1) enters into force in Section 30a (1) (in the version 1.1.2004) shall be replaced by the date of entry into force of the Articles of Association (§ 3).

4.

If reference is made to the entry into force of the collective agreement in § 41 Z 2/B, the Place this date on the date "1 May 2006". An opting period of six months from the date of effect of the Articles of Association shall apply to employment relationships for which this Statute will not take effect until after 1 May 2006.

Commencement of the effectiveness and duration of the Articles of Association

§ 3. The date of effect of the Articles of Association shall be 1 February 2016. The period of validity of the Articles of Association shall be governed by the period of validity of the Treasured Collective Agreement.

Lukowitsch