Labour And Social Law Amendment Act 2014 (Asräg 2014)

Original Language Title: Arbeits- und Sozialrechts–Änderungsgesetz 2014 (ASRÄG 2014)

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94. Federal Law, with which the Labour Contract Law Adaptation Act, the Labour Force Act, the Workers 'Protection Act, the Labour Time Act, the Construction Workers' Holiday and Abortion Act and the Unemployment Insurance Act 1977 amended-Labour and Social Rights Amendment Act 2014 (ASRÄG 2014)

The National Council has decided:

table of contents

1

Amendment of the Working Contract Law Adaptation Act

2

Amendment of the Labour Force Act on Labour Force

3

Amendment of the Employees ' Protection Act

4

Amendment of the Working Time Act

5

Modification of the construction worker-Holiday and Abortion Act

6

Amendment of the 1977 Unemployment Insurance Act

Article 1

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I n ° 138/2013, shall be amended as follows:

1. § § 7a and 7b together with the headings are:

" Claims against foreign employers without head office in an EU or EEA Member State

§ 7a. (1) § 7 applies (with the exception of contributions pursuant to § 6 of the Operating Staff Act-BMSVG, Federal Law Gazette, BGBl. I No 100/2002 and contributions or premiums under the SPS Act-BPG, BGBl. No 282/1990), without prejudice to the law applicable to the employment relationship, compulsory also for a worker who has no seat in a Member State of the European Union or of the European Union. The Economic Area is sent to Austria for the provision of a work service. A worker who is not registered in a Member State of the European Union or of the European Economic Area shall apply in respect of the workers made redundant to him/her who are posted to Austria for work, in relation to: § § 7d (1), 7f (1) (3) and 7i (1) and (4) (1) (1) as an employer. If the law applicable in accordance with § 7, the collective contract or the regulation provides for special payments, the employer/employer shall have the employee/s in aliquot for the respective wage payment period in addition to the current fee (due date) .

(1a) A posting does not exist if the employee/employer of one employer/employer is exclusively employed in Austria in connection with the following short-term short-term work in accordance with section 1:

1.

business meetings without the provision of other services; or

2.

Participation in seminars without the provision of other services, or

3.

Trade fairs and trade fair-related events within the meaning of § 17 (3) to (6) of the Labour Code Act (ARG), Federal Law Gazette (BGBl). No 144/1983, provided that the lower limit of Section 17 (4) of the ARG does not apply, with the exception of preparatory and final works for the event (establishment and dismantling of the exhibition facilities and the delivery and delivery of the trade fair), or

4.

visit and participate in congresses, or

5.

cultural events taking place as part of a tour in which the event (events) in Austria is of minor importance (), to the extent that the worker (s) in his/her work performance at least for a large part of the tour, or

6.

Participation and settlement of international competition events (International Championships) within the meaning of § 3 Z 6 of the German Federal Sports Promotion Act 2013 (BSFG 2013), BGBl. I No 100/2013, with the exception of preparatory and final works for the event (establishment and dismantling of facilities in connection with the event) and the administration of food and drinks in the context of the Event.

(2) The employer (s) in accordance with (1) and his/her client (s) as an entreprenter (s) shall be liable as the total debtor for the employee's or the employee's compensation claims as defined in paragraph 1.

(3) A posted worker (s) of a employer or employer referred to in paragraph 1 shall, without prejudice to the law applicable to the employment relationship, be entitled to the duration of the posting of workers.

1.

paid leave according to § 2 of the holiday law, BGBl. No 390/1976, provided that the amount of leave is lower in accordance with the legislation of the Member State of origin; after the end of the posting, this worker shall retain the aliquot part of the difference between the aliquot and the duration of the posting. Austria's right to a higher holiday entitlement and the holiday entitlement granted to him/her in accordance with the legislation of the home state; excluding this holiday scheme are employed persons for whom the holiday scheme of the construction worker-holiday- and Abortion Act (BUAG), BGBl. No 414/1972,

2.

the observance of the collective contractual working time arrangements.

(4) For a posted worker, in connection with the supply of equipment to a plant with assembly work, commissioning and related training or repairs of such equipment, which are provided by domestic Workers who cannot be provided shall be employed,

1.

(1) shall not apply in the case of collective contractual remuneration within the meaning of section 7 in conjunction with paragraph 1, and these works in Austria as a whole shall not last longer than three months;

2.

(3) does not apply if these works in Austria do not last longer than eight calendar days.

For workers who work with construction, construction, repair, maintenance, conversion or demolishment of structures, in particular excavation, earthworks, construction work in the strict sense, construction and dismantling of works, Finished components, equipment or equipment, remodeling, renovation, repair, dismantling work, demolition, maintenance, maintenance (painting and cleaning) or renovation as well as repairs and installations of plants in power plants (1) and (3) shall, in any event, apply from the first day of the Employment in Austria.

Claims against foreign employers with registered offices in an EU or EEA Member State

§ 7b. (1) A worker posted by one of his/her employer (s) in another Member State of the European Union or of the European Economic Area (EEA) as Austria for the purpose of providing work to Austria; Without prejudice to the law applicable to the employment relationship, it shall be mandatory for the duration of the posting

1.

at least that legal fee laid down by regulation or collective agreement, which is due to comparable employees of comparable employers in the place of work (other than contributions according to § 6 BMSVG and contributions or premiums according to the BPG);

2.

paid leave in accordance with § 2 of the holiday law, provided that the amount of leave is lower in accordance with the legislation of the home country; after the end of the posting, this employee retains part of the aliquot in the aliquot of the Difference between the entitlement to leave of leave under Austrian law and the entitlement to leave of which he/she is entitled under the legislation of the Member State of origin, with the exception of this holiday scheme, which are workers for whom the Holiday arrangements of BUAG;

3.

compliance with the working time arrangements laid down in collective agreements;

4.

the keeping of records within the meaning of the Council Directive on the obligation of the employer to inform the employee of the conditions applicable to his employment contract or employment relationship (91/533/EEC) in Austria by the employer or by the person concerned with the exercise of the employer ' s right of instruction to the posted workers.

An employee with a registered office in another Member State of the European Union or of the European Economic Area other than Austria shall be deemed to be employed in respect of the labour force transferred to him/her who is posted to Austria for work. § 7d (1), Section 7f (1) (3) and Section 7i (1) and (4) (1) (1) as an employer. If the law applicable pursuant to paragraph 1 (1) (1) (1), the collective agreement or the regulation provides for special payments, the employer (s) shall, in addition to the current pay period, pay the worker (s) aliquot for the respective wage period. (Susceptibility).

(1a) A posting does not exist if the employee/employer of one employer/employer is employed on a small scale in Austria in connection with the following short-term short-term work and no service contract is provided for has been closed with a domestic service recipient:

1.

business meetings without the provision of other services; or

2.

Participation in seminars without the provision of other services, or

3.

Measurement and measurement-related events within the meaning of section 17 (3) to (6) of the ARG, with the proviso that the lower limit of § 17 (4) ARG does not apply, with the exception of preparatory and final theses for the event (establishment and dismantling of the Exhibition facilities and delivery and delivery of the trade fair), or

4.

visit and participate in congresses, or

5.

cultural events taking place as part of a tour in which the event (events) in Austria is of minor importance (), to the extent that the worker (s) in his/her work performance at least for a large part of the tour, or

6.

Participation and settlement of international competition events (International Championships) within the meaning of § 3 Z 6 BSFG 2013, with the exception of preparatory and final theses for the event (establishment and dismantling of the events in connection with the At the event, the event will be accompanied by the administration of food and drinks.

(1b) If the posted worker (s) is employed in the context of a service contract concluded with a domestic service recipient (s) in Austria within the meaning of para. 1a, paragraph 1 (1) (1) and (2) shall not apply.

(2) For a posted worker, in connection with the supply of equipment to a plant with assembly work, commissioning and related training or repairs of such equipment, which shall be provided by domestic Workers who cannot be provided shall be employed,

1.

1. (1) (1) does not apply in the case of collective contractual remuneration within the meaning of paragraph 1 (1) (1) and the work in Austria as a whole does not last longer than three months;

2.

Paragraph 1 Z 2 shall not apply if this work in Austria does not last longer than eight calendar days.

For workers who work with construction, construction, repair, maintenance, conversion or demolishment of structures, in particular excavation, earthworks, construction work in the strict sense, construction and dismantling of works, Construction elements, equipment or equipment, reconstruction renovation, repair, dismantling work, demolition work, maintenance, maintenance (painting and cleaning work) or renovation as well as repairs and installations of plants in power plants In any event, paragraph 1 shall apply from the first day of employment in Austria.

(3) Employers within the meaning of the first paragraph shall have the employment of employees posted to Austria for the purpose of providing a service, no later than one week before the respective employment of the Central Coordination Office. for the control of illegal employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance, and the person designated in paragraph 1 Z 4, provided that only one person is The employee is posted, this person, the message in copy to be handed out or made available in electronic form. The notification has to be made exclusively with the aid of the electronic forms of the Federal Ministry of Finance. In the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be reimbursed immediately prior to work. The Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance has the notification to the competent authority. Sickness insurance institutions (§ § 26 and 30 of the ASVG), and insofar as they are construction activities, to transmit electronically to the construction workers ' holiday and handling terminal.

(3a) The Federal Ministry of Labour, Social Affairs and Consumer Protection is entitled, within the framework of the performance of the tasks assigned to it, for the purposes of labour market policy, to be granted access to automation supported by the central offices of the Central Office. Coordination office for the control of illegal employment according to the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance concerning the reports pursuant to Section 3 of the database on , where the power to view includes the following data: operational data (company name and address), employee/domestic data of the person posted (name, date of birth, social security number, social security institution, residence, activity carried out, pay, duration of employment, place of employment), data of domestic Client (company name and address of the employee or general contractor in Austria) as well as employment subject to a permit.

(4) The notification in accordance with paragraph 3 shall be performed separately for each posting and shall contain the following information; retrospective changes to the information shall be reported immediately:

1.

Name, address and industrial property or corporate object of the employer as defined in paragraph 1, VAT identification number,

2.

Name and address of the person working for the external representation of the employer/employer,

3.

the name and address of the agent referred to in paragraph 1 (1) (4),

4.

Name and address of the domestic payer (s) (general contractor),

5.

the names, addresses, dates of birth, social security numbers and social security institutions and the nationality of the workers posted to Austria,

6.

Period of posting as a whole as well as the beginning and probable duration of the employment of the individual workers in Austria, the duration and situation of the agreed normal working hours of the individual workers,

7.

the level of remuneration due to the individual worker (s) in accordance with the Austrian legislation and the start of the employment relationship with the employer (s),

8.

Location (exact address) of employment in Austria (including other places of use in Austria),

9.

the nature of the activity and use of the employee, taking into account the relevant Austrian collective contract,

10.

in so far as the employment of posted workers in the host Member State is required by the employer, the issuing authority and the number of business, the date of issue and the the period of validity or a copy of the permit,

11.

provided that the posted workers in the host Member State require a residence permit, the issuing authority and the number of business, the date of issue and the period of validity or a transcript of the Approval.

(5) Employers within the meaning of paragraph 1 shall have documents relating to the notification of the employee or of the employee to the social security insurance provided that the posted worker (s) in Austria is not required to provide social security insurance. (Social security document E 101 pursuant to Regulation (EEC) No 1408/71, Social Security document A 1 pursuant to Regulation (EC) No 883/04) and a copy of the notification under (3) and (4) of the work (use) in the territory of the country, or these are the bodies of the issuing authorities or of the construction workers ' leave and The terminal shall be made available in electronic form directly on the spot. If the employment of posted workers in the host Member State of the employer/employer is required by the authority of the employer, the approval shall also be available. In the case of work (use) changing within one working day, the required documents must be kept in place at the first work (use) or made accessible in electronic form. In any event, if the holding or making available of the documents at work (use) is not reasonable, the documents shall be kept in the country at any rate and can be shown to be submitted to the office of discharge verifiably on request, with the documents up to the date of receipt of the application. , including the second following day of work. No replacement of expenses is due for the transmission.

(6) The authorities shall also, in accordance with the provisions of data protection law, have with the authorities of other Member States of the European Economic Area, which are responsible for the monitoring of compliance with labour and social legislation or for the To combat illegal activity, or to provide information on whether an employer complies with the conditions laid down in paragraph 1, to cooperate and to provide information on reasoned requests from the authorities of other Member States. The granting of mutual assistance to these authorities shall be exempt from stamp and other fees.

(7) The collective contracting parties shall make available the collective agreements concluded by them in a suitable form. In the case of construction activities, the information and information activities shall be carried out in accordance with the provisions of BUAG by the construction workers ' holiday and terminal office.

(8) Who, as an employer within the meaning of paragraph 1

1.

the notification or the notification of subsequent changes to the information (change report) contrary to paragraph 3 does not, not be reimbursed in time or in full, or

2.

in the notification or notification of change as referred to in paragraph 3, the information is knowingly inaccurate, or

3.

the required documents are not available in accordance with paragraph 5, or do not make it directly accessible to the institutions of the issuing authorities or the construction workers ' holiday and terminal box office on the spot, or

4.

the required documents are not transmitted in accordance with paragraph 5 or section 7h (2),

is subject to an administrative surrender and is to be punished by the district administrative authority for each employee with a fine of 500 euros to 5 000 euros, in the event of a repetition of EUR 1 000 to 10 000 euros. In the case of a cross-border posting, the administrative surrender shall be deemed to have been committed in the sprinkling of the district administrative authority in which the work (use) of the employees posted to Austria is located, in the case of changing work places (places of use) at the place of control.

(9) Paragraph 1 to 8 also applies to employees who are posted to Austria by an employer and/or employer based in the Swiss Confederation for the purpose of providing a work service. "

2. § § 7d to 7m together with the headings are replaced by the following § § 7d to 7o together with the headings:

" Obligation to keep wage records

§ 7d. (1) Employers within the meaning of § § 7, 7a (1) or 7b (1) and (9) shall have the employment contract or official notice (Section 7b (1) (4)), payroll, payroll proof, or service notice during the period of posting as a whole (Section 7b (4) (6))). Bank transfer receipts, wage records, work-time drawings and documents relating to the wage classification for the purpose of checking the posted worker for the duration of employment under Austrian legislation due pay in the German language at work (use), even if the The employment of the individual worker in Austria has ended earlier. In the case of work (use) changing within one working day, the wage records must be kept in place at the first work place (use). If the holding of the documents at work (use) is not reasonable, the documents shall in any case be kept ready in the country and shall be demonstrably sent to the office of discharge on request, the documents until the expiry of the date of expiry of the document. Request the second following weekdays to be sent. No replacement of expenses is due for the transmission.

(2) In the case of a cross-border labour force transfer, the obligation to keep the wage records shall apply to the domestic/domestic worker. The overlasser has proven to be able to provide the employee with the documents.

Competence Centre LSDB

§ 7e. (1) For the control of the employee who is not subject to the ASVG in accordance with the law, regulation or collective agreement in Austria, having regard to the respective classification criteria for the purposes of Section 7i (5), the Wiener Territorial health insurance set up as competence centre for wage and social dumping (Competence Centre LSDB).

(1a) In accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection, the LSDB Competence Centre shall carry out the following tasks in the transferred sphere of action:

1.

Receipt of the results of the survey carried out by the institutions of the tax authorities,

2.

a request to the authorities of the tax authorities to carry out, in concretely, further surveys to be recorded, survey results or surveys by third parties on the basis of substantiated communications;

3.

Reimbursement of the criminal complaint referred to in paragraph 3 above,

4.

Management of the administrative (straf) evidenz and exchange of information according to § 7n,

5.

the perception of the party position and the related rights in accordance with § 7i paragraph 8,

6.

Information of the employee on the basis of his/her employment relationship with the competent district administrative authority in proceedings pursuant to Section 7i (5), insofar as the address in the notification pursuant to § 7b (4) or § 17 (3) AÜG is listed.

(2) The expenses of the Competence Centre LSDB are borne by the Federal Government. The Federal Government has to set targets for the LSDB Centre of Excellence with regard to the expenditure referred to in the first sentence.

(3) If the Centre of Competence (LSDB) finds that the employer (s) in the sense of paragraph 1 does not at least make the pay referred to in accordance with (1) in compliance with the respective classification criteria, it shall indicate to the the competent district administrative authority. The advertisement shall be subject to a certain penalty. The notification shall be submitted electronically to the tax authority for the purpose of recharging of charges. Overpayments based on an operating agreement or contract of employment in respect of the remuneration components due under the law, regulation or collective agreement are to be calculated on the basis of any underpayment in the respective payroll period.

(4) The LSDB competence centre may be used by the collective contract partners who have concluded the collective agreement for the employee/employee in order to determine the worker (s) in compliance with the classification criteria as set out in paragraph 1 to listen to the charges that are due. If an employer collects substantiated objections against the classification assumed by the LSDB Competence Centre, the LSDB Competence Centre has to consult the collective contract partners. An opinion of the collective contract partners has to be a common one. In so far as the collective agreement does not determine otherwise, the rates of immigration and the remuneration may not be credited for the purposes of determining the collective contractual remuneration.

(5) The LSDB competence centre shall establish that:

1.

the employer/s/in the employee is the difference between the actual payment and the remuneration due to the employee in accordance with the Austrian legislation following notification of the LSDB Competence Centre within one of the Competence Centre LSDB has been shown to provide proof of a time limit, and

2.

the underwriting of the remuneration as referred to in paragraph 1 is low, having regard to the relevant classification criteria; or

3.

the fault of the employer (s) or of the representative for external representation (§ 9 para. 1 VStG) or the responsible officer (s) (§ 9 para. 2 or 3 VStG) does not exceed slight negligence,

it has to be seen from an ad to the relevant district administrative authority. Similarly, an advertisement shall be shown if the employer/s/in the remuneration due to the employee is shown to be paid in accordance with the Austrian legislation before the notification by the Centre of Competence LSDB and the rest of the Prerequisites after the first sentence are available. Section 25 (3) of the Administrative Criminal Law 1991, BGBl. No. 52 (VStG), is not applicable.

(6) The LSDB Competence Centre is entitled to commission other territorial health insurance funds with the representation on behalf of the Competence Centre LSDB before the District Administrative Authority and the Administrative Court against cost replacement.

Surveys of the tax authorities

§ 7f. (1) The institutions of the tax authorities shall have the right to monitor the holding of the documents in accordance with § § 7b (5) and (7d) and to monitor the employees who are not subject to the ASVG in accordance with the relevant provisions of the respective regulations. To implement classification criteria in accordance with § 7i (5) required surveys; and

1.

to enter the premises, premises, offices or places of work or places of work as well as the premises of the workers without hindment, even if this is otherwise prohibited by the general public,

2.

to request information from the persons in question on all the facts relevant to the survey referred to in paragraph 1 where there is reason to believe that these persons are employers or employees, and

3.

to inspect the documents required for the collection (§ § 7b (5) and (7d)), to draw up copies of these documents and to request the transmission of documents, the documents being sent by the end of the second following request. to be sent to work on weekdays. If the control does not take place on the first work (use) place within one working day, the documents of the tax authority must be forwarded to the office, the documents being shown up to the end of the request. to the next following working days. No replacement of expenses is due for the transmission.

(2) The institutions of the tax authorities shall transmit the results of the surveys referred to in paragraph 1 to the LSDB Centre of Competence and, at the request of the LSDB Centre of Competence, have further surveys to be drawn up on the results of the survey or the results of the survey. Surveys shall be carried out on the basis of reasoned communications by third parties.

Determination of transgressions by the institution of the health insurance

§ 7g. (1) If the competent institution of the health insurance company determines in the course of its activity that the employer/employer

1.

/the worker subject to the ASVG, or

2.

The worker who has his/her habitual place of work in Austria without being subject to the ASVG,

§ 7e (3) to (5) does not apply at least to the remuneration within the meaning of Article 7i (5) of the Act, Regulation or Collective Contract in Austria, subject to the respective classification criteria, with the proviso that the Competence Centre LSDB is the competent institution of the health insurance.

(2) The competent institution of the sickness insurance company is entitled to inspect the documents required for the activity referred to in paragraph 1 and to make copies of these documents. On request, employers shall submit the necessary documents or clearings, in which case the documents or clearings shall be sent to the end of the work day following the request. No replacement of expenses is due for the transmission.

(3) The competent institution of the health insurance shall inform the employee of a criminal notice of his/her employment relationship with the competent district administrative authority in proceedings pursuant to section 7i (5).

Determination of transgressions by the construction workers-holiday and terminal office

§ 7h. (1) In the course of its activities, the construction workers ' leave and departure terminal shall establish that the employer/employee in the sense of Section I BUAG or in the sense of Section 33d BUAG does not at least that he/her according to the law, regulation § 7e (3), (4), last sentence and (5) shall apply, with the proviso that the LSDB Centre of Competence shall be replaced by the LSDB competence centre, in accordance with the provisions of Section 7i (5). Construction worker-holiday and terminal.

(2) In the course of its activities, the construction workers ' holiday and terminal office shall be entitled to monitor the holding of the documents in accordance with § § 7b (5) and 7d (d), to inspect and to make copies of these documents and to monitor their To request transmission, the documents to be sent to the end of the second working day following the request. If the work (use) changes within one working day (use), control is not carried out at the first work place, the documents of the construction workers ' holiday and payment terminal are demonstrably to be transmitted, with the documents up to the The sequence of the second following working day shall be sent off. No replacement of expenses is due for the transmission.

Criminal provisions

§ 7i. (1) Anyone who does not submit the required documents contrary to § 7d (1) or § 7f (1) (3) (3) is subject to an administrative surrender and shall be fined by the district administrative authority for each employee with a fine of 500 euros to 5 000 euros, in the To punish repeat cases of EUR 1 000 to 10 000 euro. It is also necessary to punish those who do not submit the documents contrary to § 7g (2) or § 7h (2).

(2) Who, contrary to § 7f (1), provides access to the premises, operating rooms and external workplaces or places of work, as well as the residency of the workers and the associated driving of paths or the granting of Denial of information or impeding or impeding the control of any other person shall be subject to an administrative surrender and shall be subject to a fine of EUR 1 000 to EUR 10 000 from the District Administrative Authority, in the event of a repetition of EUR 2 000 to EUR 20 000. to punish.

(2a) Anyone who refuses to access the documents in accordance with § § 7b (5) and 7d (d) is subject to an administrative surrender and is a fine of EUR 1 000 to EUR 10 000 for each employee of the district administrative authority, in the To punish repeat cases of EUR 2 000 to 20 000 euro.

(3) Likewise, according to paragraph 2a, it must be punished who, as an employer, refuses to consult the documents in accordance with Section 7g (2).

(4) Who

1.

In the sense of § § 7, 7a (1) or (7b) (1) and (9) (9) contrary to § 7d, the wage records are not available, or

2.

In the case of a cross-border labour force transfer to Austria, contrary to § 7d (2), the wage documentation of the employee is not available in a demonstrable manner, or

3.

Employed/in the case of a cross-border labour force surrender contrary to § 7d para. 2 the wage records are not available

is subject to an administrative surrender and is from the district administrative authority for each employee with a fine of EUR 1 000 to EUR 10 000, in the event of a repetition of EUR 2 000 to EUR 20 000, are more than three employees , to be punished for each worker in the amount of EUR 2 000 to EUR 20 000, in the event of a repetition of EUR 4 000 to EUR 50 000.

(5) Who has employed or employed an employee as an employer without him/her at least the remuneration under the law, regulation or collective agreement, having regard to the respective classification criteria, except for those specified in § 49 3 ASVG, to pay, commit an administrative surrender and is punishable by the district administrative authority with a fine. In the case of lower wages, which consistently include several payroll periods, there is a single administrative transgressions. Overpayments based on an operating agreement or contract of employment in respect of the remuneration components due under the law, regulation or collective agreement are to be calculated on the basis of any underpayment in the respective payroll period. In respect of special payments for employees subject to the ASVG, an administrative surrender after the first sentence is available only if the employer/employer does not pay the special payments or does not complete the special payments by 31 December at the latest. of the relevant calendar year. If no more than three employees are affected by the lower wage, the fine for each worker is EUR 1 000 to EUR 10 000, and in the event of a repetition of EUR 2 000 to EUR 20 000, more than three workers are affected, Each worker is EUR 2 000 to EUR 20 000 and, in the event of a repetition, EUR 4 000 to EUR 50 000.

(5a) The criminality referred to in paragraph 5 shall not be granted if the employer/s before a survey of the competent institution in accordance with § § 7f to 7h the difference between the employee actually performed and the employee in accordance with the Austrian Legislation due to be duly paid.

(6) The District Administrative Authority shall establish that:

1.

the employer/employer/s/in the difference between the actual payment and the remuneration due to the employee in accordance with the Austrian legislation within a period to be determined by the authority demonstrated, and

2.

the underwriting of the remuneration in accordance with paragraph 5 (1) (1) is low, having regard to the respective classification criteria; or

3.

the fault of the employer (s) or of the representative for external representation (§ 9 para. 1 VStG) or the responsible officer (s) (§ 9 para. 2 or 3 VStG) does not exceed slight negligence,

it has to do away with the imposition of a penalty. Likewise, the imposition of a penalty shall be deducted if the employer (s)/in the worker (s) is the difference between the actual payment and the remuneration due to the worker (s) in accordance with the Austrian legislation. demonstrably before the request of the District Administrative Authority, and the remaining conditions are available after the first sentence. § 45 (1) (4) and the last sentence of the VStG (VStG) are not to be applied in administrative criminal proceedings pursuant to paragraph 5. If the employer (s) of the district administrative authority proves that he/she has paid the difference between the actual payment and the remuneration due to the worker (s) in accordance with the Austrian legislation, this shall be the case with: the penalties should be taken into account in a mitigating manner.

(7) The time limit for the period of limitation of persecution (§ 31 para. 1 VStG) shall be three years from the due date of the remuneration. In the case of lower wages, which shall include a number of payroll periods throughout, the period of limitation for the period of limitation shall commence in the sense of the first rate from the maturity of the pay for the last wage payment period of the lower pay. In these cases, the time limit for the period of limitation of the period of time (§ 31 para. 2 VStG) is five years. With regard to special payments, the time-limits shall start after the first two sentences from the end of the relevant calendar year (paragraph 1). 5 third sentence).

(7a) In the event that the employer (s) provides for the payment due under the law, regulation or collective agreement for the period of the lower remuneration concerned in accordance with paragraph 5, the duration of the time limits pursuant to § 31 (1) and (2) shall apply. VStG a year (time of limitation period) or three years (period of limitation of the penalty), unless the period of limitation occurs at an earlier date on the basis of paragraph 7; the expiry date begins with the repayment.

(8) Party status in administrative criminal proceedings

1.

pursuant to Section 1, first sentence, (2) and (4), and in accordance with Section 7b (8), the discharge authority, in the cases referred to in paragraph 5 in conjunction with Section 7e, shall have the LSDB Competence Centre,

2.

in accordance with paragraph 5 in conjunction with Section 7g and in the cases referred to in the second sentence of paragraph 1 and paragraph 3, the competent institution of the sickness insurance scheme shall:

3.

pursuant to paragraphs 1, 2a, 4 and 5 and in connection with Section 7b (8) in conjunction with § 7h, the construction workers ' leave-of-holiday and the terminal

even if the display does not take place by means of the devices mentioned in the Z 1 to 3. They may lodge a complaint with the administrative court against the decision of an administrative authority and against the recognition or decision of an administrative court revision in the administrative court.

(9) In the case of a cross-border posting or transfer of labour, the administrative surrender shall be deemed to have been committed in the sprinkle of the district administrative authority in which the work (use) of the place of work sent to Austria or made redundant shall be deemed to be the case. Workers are located at the place of control in the case of changing work (use).

(10) In order to assess whether an employment relationship is present within the meaning of this Federal Law, the true economic content and not the external manifestation of the facts shall prevail.

Appointment of responsible representatives

§ 7j. (1) The appointment of responsible officers in accordance with § 9 para. 2 and 3 of the VStG for compliance with this federal law shall only be legally effective after

1.

at the Central Coordination Unit for the control of illegal employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance by employers within the meaning of § § 7, 7a or 7b or overlases with registered offices abroad; or

2.

in the case of the competent institution of the sickness insurance scheme by employers or employees with registered offices in Germany

A written notice of the order, together with proof of the consent of the ordered person, has arrived. This does not apply to the appointment of responsible officers at the request of the authority in accordance with § 9 para. 2 VStG. Notifications received after Z 1 are to be forwarded to the LSDB Competence Centre for the construction sector (Section I or Section 33d of the BUAG), in accordance with paragraphs 1 and 2 of this Regulation. The information received shall also be forwarded to the construction workers ' holiday and terminal.

(2) The employer (s) must immediately inform the institution of the withdrawal of the order or the withdrawal of responsible agents in accordance with paragraph 1 in writing of the institution in which the notification of the order has been communicated to the employer. Paragraph 1 was to be introduced.

(3) Anyone who does not report as an employer or as an employee in the revocation of the order or the withdrawal of responsible agents against paragraph 2 is subject to an administrative surrender and is from the district administration office with Fine of € 41 to € 4,140, in case of recurrence punishable by a fine of € 83 to 4,140 euros.

Provision of services

§ 7k. (1) The competent district administrative authority has the employer (s) within the meaning of § § 7, 7a (1) or (7b) (1) and (9), in the case of a cross-border transfer to the person/s to the exercise of the subject-matter of the service. To prohibit work for a period of at least one year and a maximum of five years if the employer (s) in accordance with

1.

§ 7i (2) and (2a) repeats or

2.

§ 7i (4) or (5) in respect of more than three employees or repeats pursuant to section 7i (4) or (5)

has been legally punished or is liable to him/her such punishment. A punishment is to be attributed to the employer (s) if this punishment is against the employer (s) himself or against the employer (s) for external representation (§ 9 para. 1 VStG) or against the respondent (s) (§ 9 para. 2 or 3 VStG) has been legally imposed. § 19 VStG (except § 19, paragraph 2, last sentence of the VStG) is to be applied in a reasonable way for the measurement of the period of subsatiation. The decision to discontinue the service is provided by the Federal Ministry of Science, Research and Economics with a view to § § 373a to 373e of the 1994 Commercial Code, BGBl. No. 194/1994, as well as the Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance.

(2) If the employer/employer/s/s/s/s/s/s/s/s/s (s) have taken concrete technical, organisational or personal measures, which are suitable for re-entry, shall be subject to a subsac as defined in paragraph 1. To prevent the administrative transgression and to apply the fine imposed. Such measures shall apply, for example:

1.

the introduction of a high-quality report and control system,

2.

the inclusion of an internal audit institution for the periodic review of compliance with the relevant provisions;

3.

the introduction of internal liability and compensation schemes in order to comply with the relevant rules.

(3) In the assessment referred to in paragraph 2, the district administrative authority shall examine the position of the employer (s) or the manager (s) and the measures set out by the said employer (s) in relation to the number and severity of the previous To set administrative transgressions. In assessing the seriousness of the administrative transgressions, in particular the number of employees affected and in the case of an administrative surrender according to § 7i para. (5) to take account of the extent of the subpayment.

(4) Those who, in spite of the subsection referred to in paragraph 1, carry out an activity shall be subject to an administrative surrender and shall be punished by the district administrative authority with a fine of EUR 2 000 to 20 000 euros.

(5) In administrative proceedings (straf) in accordance with paragraphs 1 and 4, the Centre of Competence LSDB and the construction workers ' holiday and terminal office have party status; these can complain to the administrative authority against the decision of an administrative authority and against the administrative court. -the recognition or decision of an administrative court to be reviewed by the Administrative Court.

Provisional security

§ 7l. If the reasonable suspicion of an administrative surrender is in accordance with § § 7b (8), 7i or 7k (4) and is to be assumed on the basis of certain facts, that the prosecution or the execution of the sentence for reasons that are in the person of the employer or the employer (contractor) or the person of the superiors or the superiors shall be impossible or substantially more difficult, the institutions of the tax authorities may also provide provisional security within the meaning of Article 37a of the VStG bis zum The maximum amount of the suspended financial penalty is fixed and raised. In so far as the area of activity of the construction workers ' holiday and terminal office is concerned, it is necessary to agree on the imposition of provisional security. The agent referred to in § 7b (1) Z 4 shall be deemed to be the representative of the employer, if he/she or a representative appointed by him/her is not present at the time of the official act. Section 37a (1) of the last sentence and (3) to (5) of the VStG shall apply in a reasonable way to provisional guarantees which have been raised after the first sentence. The transfer in accordance with Section 7m (3) or the laying down of a security pursuant to Section 7m (8) of this Regulation shall be subject to a seizure of seizure.

Security Performance-Payment Stop

§ 7m. (1) If the reasonable suspicion of an administrative surrender is in accordance with § § 7b (8), 7i or 7k (4) and is due to certain facts to assume that the prosecution or the execution of the sentence is due to reasons that are in the person of the employer or the employer (contractor), or in the person of the superiors or the superiors, shall be impossible or substantially more difficult, the institutions of the tax authorities may, in conjunction with the surveys referred to in § 7f, and the Construction workers-leave and departure terminal on the payer, in case of an overt In writing, the employee will not pay the work wage or the transfer fee or parts thereof which are still to be paid (payment stoppage). Section 50 (6), first sentence, VStG, shall apply mutatily. The payment stop shall not be effective to the extent to which the amount referred to by it is higher than that which is still to be paid or which is still to be paid for the purpose of the transfer. The payment stop may not be higher than the maximum amount of the suspended fine. If the client (s) or the employee (s) does not pay the wages or the remuneration, the remuneration or the remuneration shall be deemed not to have been paid in accordance with the procedure provided for in paragraph 3 of the working wage or the remuneration. The institutions of the tax authorities, as well as the construction workers ' holiday and terminal box office, may apply a payment ban only if a provisional security according to § 7l could not be fixed or could not be established. If the contractor (s) or the contractor (s) provides the provisional security subsequently or a security without any such security being fixed, the stop of payment shall be made by the district administration authority. , an all-case procedure as referred to in paragraph 3 shall be terminated.

(2) The tax authorities and the construction workers ' holiday and terminal box office shall, after the imposition of a payment account in accordance with paragraph 1, apply to the district administrative authority within three working days to request the security referred to in paragraph 3 above, In the event of a breach of payment, the payment ban will not be The district administrative authority shall decide within three working days from the date of receipt of the application. In these proceedings, the bodies referred to in the first sentence shall have their party status, insofar as they have submitted a request for a security. They may lodge a complaint with the administrative court against the decision of an administrative authority and against the recognition or decision of an administrative court revision in the administrative court.

(3) If the reasonable suspicion of an administrative surrender is in accordance with § § 7b (8), 7i or 7k (4) and is to be assumed on the basis of certain facts, that the prosecution or the execution of the sentence is based on reasons that are in the person of the employer or the employer (contractor), or in the person of the superiors or the superiors, may be impossible or substantially more difficult, the district administrative authority may, in the case of a surrender of the contracting authority, be Work in a more busy way, the work wage or the work still to be done To impose, or part of, a security within a reasonable period of time, a transfer fee or part thereof. § § 37 and 37a VStG are not to be applied in such cases, unless otherwise provided for in this provision. With the release of a seizment, the payment stop will be taken away.

(4) The entire fee to be paid for the performance of the order or the release shall be deemed to be a working wage or an overdue charge.

(5) The transfer in accordance with paragraph 3 shall have an effect on the payer (s) in the extent of the transfer from the debtor (s) to the payer (s) or the employee (s) in the amount of the transfer.

(6) The security shall not be higher than the maximum amount of the financial penalty threatened. The client (s) is obliged to announce the amount and maturity of the work wage or the release of the injunction at the request of the district administrative authority. If the amount of the guarantee and the amount of liability arising from § 67a ASVG and § 82a EStG cannot be covered by the work wage or injunction fee which is still to be paid, the client (s) may or may not be covered by his/her work. In any case, make use of the service centre's right to the service centre (§ 67c ASVG).

(7) Complaints against claims pursuant to paragraph 3 do not have suspensive effect.

(8) The district administrative authority shall declare the security free if the proceedings are terminated or the penalty imposed against the contractor or the contractor or the superior has been finalised, or not within a year of decay was pronounced. The security shall also be declared free if it is placed by the contractor/contractor or the contractor. Vacancies that have become vacant are to be paid out to the client (s) or the employee (s).

(9) The district administrative authority shall declare the security to be forfeited as soon as the prosecution of the contractor or of the contractor or of the superiors or the superiors or the execution of the penalty proves impossible. § 17 VStG is to be applied in a reasonable way.

(10) According to § 37 (6) of the German Law of Law (VStG) for the recovery of collateral, it is necessary to pay an all-out balance to the client (s) or the employee.

Evidence of administrative (criminal) proceedings in accordance with § § 7b para. 8, 7i, 7k and 7m

§ 7n. (1) For the purpose of applying for a penalty, for the measurement of penalties, for the provision of the service in accordance with Article 7k (1) and for the determination of the performance of a service in spite of subsatiation and for the purposes of the evaluation of the prosecution The LSDB competence centre has an evidence of legal proceedings and findings in administrative proceedings (criminal proceedings) in accordance with § § 7b (8), 7i, 7k and 7m for the purpose of providing the public authorities with the right to access and to provide information on the public authorities. . This can be done with support for automation.

(2) The district administrative authorities and the administrative courts of the Länder shall have copies of final legal proceedings and findings which they or the Administrative Court in criminal proceedings or proceedings in accordance with § § 7b (8), 7i, 7k and 7m have adopted, without delay, the LSDB competence centre in the form of a form of automation. In the same way, they have copies of legally binding records and findings with which a sentence has been imposed in accordance with § § 7b (8) or 7i against responsible agents within the meaning of section 9 (2), last sentence and para. 3 VStG, that company , which is to be attributed to this punishment in accordance with the second sentence of paragraph 4. In the communication or in the knowledge, an indication should be added to the fact that with the final punishment the registration of the accused person and that company to which the punishment is to be attributed is connected in the evidence.

(3) The Centre of Competence LSDB has to delete data of a criminal procedure five years after the entry of the legal force of the respective authority or recognition. The Centre of Competence shall delete data relating to a procedure for subsatiating a service one year after the end of the period of subsatiation.

(4) The LSDB competence centre has a district administrative authority, the administrative court of the country, the sickness insurance institution, the Central Coordination Unit for the control of illegal employment after the Foreigners 'Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance or the Construction Workers' holiday and terminal box office on request within two weeks for the application of the penalty, the penalty payment, in order to disregard the service or to establish that, in spite of subsatiation, a A service is exercised to provide information on whether the employer or employer mentioned in the request for information is subject to a final punishment or a decision in accordance with § § 7b para. 8, 7i or 7k or if he/she has a right to such punishment is to be attributed. The employer is to be assigned a punishment if this punishment is against the employer himself/herself or against the person responsible for representation to the outside (§ 9 para. 1 VStG) or against the responsible officer (s) (§ 9 Abs. 2 or 3 VStG) a penalty has been legally imposed. In addition, the Centre of Competence LSDB must inform the contracting authority/the contracting authority, on request, within two weeks whether the employer or employer mentioned in the request for information is subject to a legally binding punishment. or a decision pursuant to § § 7b (8), 7i or 7k or a decision of this kind to be attributed to such a decision. The information provided is the number of punishments and, where appropriate, the relevant data of the criminal records and the knowledge of the criminal law, the criminal proceedings with which a warning was issued, and the proceedings and findings in proceedings pursuant to Section 7k (4) (Authority, number of records, date of communication, date of recognition and legal force, name and date of birth of the person to which the communication or knowledge relates and which is to be attributed, financial penalties imposed, duration/period of subsatiation of the service) indicate or declare that there is no punishment, no subjection to the A service or data for information is available. Five years after the entry of the legal force of the respective criminal or criminal code, and one year after the end of the period of subsatiation of the service, information about the service may be provided in relation to this information or to this knowledge. are no longer granted.

(5) The district administrative authorities have on an annual basis the LSDB competence centre:

1.

the transfer of the fines imposed in the criminal proceedings in accordance with § § 7b (8), 7i and 7k (4) and (4)

2.

The application of the securities issued in accordance with § 7m

to report.

Delivery

§ 7o. (1) For the purposes of the application of § § 7 to 7m and 7o paragraph 2, BGBl shall be deemed to be the issuing body within the meaning of § 2 Z 4 of the Delivery Law (ZustG). No 200/1982, including the place of work, the premises, the place of work or the place of work in which the worker is active. For a delivery at this point of delivery, both the party of the proceedings and the commissioner (s) referred to in § 7b (1) (4) may be referred to as the recipient within the meaning of § 2 Z 1 ZustG (German Act). The authorized representative (s) may also be served if the party of the proceedings has been designated as a recipient within the meaning of § 2 Z 1 ZustG or the party of the proceedings does not regularly take part in the issuing office. shall be kept.

(2) If the reasonable suspicion of an administrative surrender is in accordance with § § 7b (8), 7i or 7k (4) and is due on certain facts to assume that the delivery of documents for reasons that are in the party of the proceedings or in the If the person referred to in Section 7b (1) (4) is situated, impossible or substantially more difficult, the district administrative authority of the party or the representative may be informed by communication within a time limit of at least two Weeks for the representational procedure a delivery agent to be repudiated to . Section 10 (1) of the second to fourth sentences and subsection 2 of the ZustG is to be applied in a reasonable way; the issuing body according to paragraph 1 shall not be deemed to be a delivery point pursuant to § 10 sec. 2 Z 2 ZustG [German Act]. "

3. In § 19 (1), the following Z 31 shall be added after Z 30:

" 31.

§ § 7a, 7b and 7d to 7o together with transcripts in the version of the Federal Law BGBl. I n ° 94/2014 are due to 1. Jänner 2015 in force. In administrative proceedings (straf) according to § § 7b (8), 7i and 7k (7i), facts which are before the 1. Jänner 2015, which took place before the entry into force of the Federal Law BGBl. I No 94/2014 shall continue to apply. § 7i (8) and Section 7k (5) in the version of the Federal Law BGBl (Federal Law Gazette). I No 94/2014 shall apply to administrative criminal proceedings which shall be applied to the Authority after 31 December 2014. '

Article 2

Amendment of the Labour Force Act on Labour Force

The Labour Force Transfer Act, BGBl. No. 196/1988, as last amended by the Federal Law, BGBl. I n ° 98/2012, shall be amended as follows:

1. § 13 para. 2 Z 2 reads:

" 2.

The names and addresses of the employees and their VAT identification number and their legal representation of interests, if they belong to an economic chamber, also the competent association of the Austrian Chamber of Commerce, in the absence of a the statutory representation of interests of the voluntary professional association which has concluded the collective agreement, or whose statutes are effective for comparable employees of the employee (professional association), "

2. In § 13 paragraph 4 Z 2, the previous lit. a and b as lit. b and c, and the following lit. a inserted:

" (a)

the name and address of the employee and his/her VAT identification number and "

Section 17 (2) reads as follows:

" (2) With the free admission of labour from abroad to Austria, the overlord has the cross-border transfer of the Central Coordination Unit for the control of illegal employment (according to the AuslBG and the AVRAG) of the Federal Ministry of Finance. The notification shall be reported at the latest one week before the start of work in Austria; in the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be sufficient immediately before the start of work. Any changes to the reported data shall be reimbursed immediately. The transmission of the messages has to be made exclusively with the aid of the electronic forms of the Federal Ministry of Finance. "

4. § 17 (3) reads:

" (3) The notification referred to in paragraph 2 shall contain the following data:

1.

the name and address of the superiors,

2.

the name and address of the external representation of the superiors,

3.

the name and address of the employee and his/her VAT identification number and his/her commercial power or object of business;

4.

names, addresses, dates of birth, social security numbers and social insurance institutions, and the nationality of the redundant workers;

5.

the beginning and expected duration of the employment of the individual redundant workers in employment;

6.

Places of employment, in each case specifying the address, in Austria,

7.

the level of remuneration due to each individual worker in accordance with Austrian legislation;

8.

the nature of the activity and the use of the individual workers, taking into account the relevant Austrian collective agreement;

9.

in so far as the employment of the redundant workers in the Member State of residence requires official authorisation, the issuing authority as well as the number of business, the date of issue and the duration of the contract, or a Copy of the permit,

10.

provided that the redundant workers in the Member State of the transfer require a residence permit, the issuing authority and the number of business, the date of issue and the period of validity or a copy of the authorisation. "

5. In § 17, para. 4, the expression "a copy of the reports" by the expression "the reports" replaced.

6. § 17 (6) reads:

"(6) The notifications to be transmitted shall be made available electronically."

7. In § 17 (7) the word order shall be "as well as a copy of the notification in accordance with para. 2 and 3 in the work (use) place to be kept ready" through the phrase "as well as the notification in accordance with paragraphs 2 and 3 of the work (use) shall be made available for inspection or made available in a suitable form" replaced.

8. § 22 (1) Z 2 reads:

" 2.

with a fine of € 500 up to € 5 000, in the event of recurrence of € 1 000 up to € 10 000, who does not, or does not completely or knowingly reimburse the notifications in accordance with § 17 para. 2 in time or not in full or in full or in a knowingly incorrect manner, or who does not have the , contrary to Section 17 (7), does not make it available for inspection or makes it inaccessible; "

9. The following paragraph 5 is added to § 22:

"(5) The tax authorities and their audit institutions (financial police) have party status in administrative proceedings under para. 1."

10. In section 22a (1), the word order shall be deleted "in times of injunction" .

11. § 22c (1) reads:

" (1) The Fund is responsible for (former) employees of injunctions in the course of their employment relationships, (additional) qualification and improvement of their chances in the labour market, and also during periods of unemployment in the Article 12 of the 1977 Unemployment Insurance Act (AlVG). "

(12) In § 22c (6), the entry rate shall be:

"The main association of the Austrian social insurance institutions (main association) has to make available to the Fund and to a service provider responsible for the processing of the services the following data by electronic means:"

(13) In § 22c (6), the point at the end of paragraph 4 shall be replaced by a stroke point and the following paragraph 5 shall be added:

" 5.

Amount of contributions paid by the respective superiors in accordance with § 22d to the Fund and, if necessary, existing arrears. "

14. § 22d (4), first sentence reads:

"The contributions to employees who are not subject to social security obligations in Austria are to be paid by the surplus to the Fund."

15. The following paragraphs 18 to 20 are added to § 23:

" (18) § 22a Para. 1 and § 22c (1) in the version of the Federal Law BGBl. I n ° 94/2014 are retroactive with 1. Jänner 2014 in force.

(19) § 13 (2) (2) and (4) (4) (2), § 17 (2) to (4), (6) and (7), Section 22c (6) and Section 22d (4), as amended by the Federal Law Gazette (BGBl). I n ° 94/2014 are due to 1. Jänner 2015 in force.

(20) § 22 (1) (2) and (5) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 94/2014 shall enter into force 1. January 2015 in force and shall apply to situations which occur after the end of the 31 December 2014. "

Article 3

Amendment of the Employees ' Protection Act

The Workers ' Protection Act, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

(1) The following paragraph 10 is added to § 10:

"(10) Safety and occupational health professionals, if they are workers, may also be appointed as security officers at the same time."

2. § 25 (5).

3. In Section 32 (1) (2), the word order shall be deleted "as well as the fire protection group" .

4. In § 88 (5), first sentence, the word "twice" by the word "Once" replaced.

5. § 107 (3) deleted.

(6) The following paragraph 14 is added to § 131:

" (14) § 10 (10), § 32 (1) (2) and section 88 (5) of the BGBl version. I n ° 94/2014 are due to 1. Jänner 2015 in force. Section 25 (5) and § 107 (3) shall expire on 31 December 2014. "

Article 4

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. § 11 (8) to (10) deleted.

1a. In § 13 paragraph 1 Z 2, § 15e para. 1, § 24 Z 4, § 28 paragraph 5 Z 6 as well as in § 33 para. 4, the expression shall be: "(EEC) No 3821/85" by the expression "(EU) No 165/2014" replaced.

1b. § 13 para. 1 Z 4 and 5 reads:

" 4.

an analogue recording equipment, an analogue tachograph within the meaning of Article 2 (2) (lit). g of Regulation (EU) No 165/2014;

5.

a digital recording equipment, a digital tachograph within the meaning of Article 2 (2) (lit). h of Regulation (EU) No 165/2014; "

1c. § 13 (3) reads:

" (3) Where reference is made in this Federal Act to Regulation (EU) No 165/2014, this is a reference to Regulation (EU) No 165/2014 on the tachograph on road transport, OJ L 327, 28.10.2014, p. No. OJ L 60, 28.2.2014, p. 1, as amended. "

(1d) The following paragraph 4 is added to § 13a:

"(4) Section 4 shall not apply to the handlebars and handlebars of Obertrollebussen pursuant to Section 5 of the Railway Act, unless otherwise specified in Section 18a."

1e. In § 17 (1) the expression " Art. 13 to 16 of Regulation (EEC) No 3821/85 " by the expression " Art. 26 to 29 and 32 to 37 of Regulation (EU) No 165/2014 " replaced.

1f. § 17a (1) (2) (2) reads:

" 2.

of Regulation (EU) No 165/2014, in particular with regard to the carrying obligations under Article 36 thereof, "

1g. In § 17a (2), the second sentence reads:

" The downloaded data must be provided in accordance with Article 2 (2) lit. Regulation (EU) No 165/2014 shall be accompanied by a digital signature. '

1h. The title of § 18a reads:

"Employees in tramway, trolleybus and cableway companies"

1i. The previous § 18a receives the sales designation "(1)" and the following paragraph 2 is added:

"(2) In addition, § § 13c and 14 shall apply to the handlebars in Oberwiring/omnibus companies."

Section 26 (3) reads as follows:

" (3) For workers who are able to determine the situation of their working time and their place of work to a large extent, or who mainly carry out their activities in their home, only records of the duration of the work shall be provided. daily work time. "

Section 26 (5) reads as follows:

" (5) The obligation to keep records of the rest periods referred to in § 11 shall not be required if:

1.

by operating agreement, in establishments without works council by means of a written individual agreement

a)

the beginning and end of the rest periods, or

b)

it is left to the workers to take the rest within a fixed period of time, and

2.

is not deviated from this agreement. "

4. In accordance with Article 26 (5), the following paragraph 5a is added:

" (5a) In the case of employees who have a fixed working time schedule in writing, the employers only have to comply at least at the end of each payment period and at the request of the Work inspectorates shall be confirmed and shall be subject to continuous recording of deviations from this classification. "

Section 26 (8) shall be replaced by the following paragraphs 8 and 9:

" (8) Employees are entitled, once a month, to the free transmission of their work-time drawings if they are demonstrably required.

(9) Expiration periods shall be inhibited,

1.

as long as the employees are denied the transmission in accordance with paragraph 8, or

2.

in the absence of records of hours worked, the determination of the working time actually worked is unreasonable. "

5a. § 28 (5) Z 8 reads:

" 8.

the obligations relating to the recording equipment, the record sheet, the printout or the driver card pursuant to Art. 3 (1), Art. 26, except para. 4 and 9, Art. 27, Art. 28, Art. 29 (2) to (5), Art. 32 (1) to (4) and Articles 33 to 37 of Regulation (EU) No. 165/2014, "

5b. § 28 (10).

5c. The following paragraph 9 is added to § 32c:

" (9) The infringements of Article 15 (1), first subparagraph, and (2), (3), (5) and (5a) of Regulation (EEC) No 3821/85 referred to in Article 28 (5) (8) of Regulation (EEC) No 3821/85 shall apply as of 2 March 2015 as violations of the relevant provisions of Article 34 of Regulation (EU) No 165/2014. "

6. The previous paragraphs 1a to 1z of section 33 are given the name " § 34. (1) to (26) " . The title of § 34 reads as follows:

"Entry into force of novellas"

7. The following paragraph 27 is added to § 34:

" (27) § 26 para. 3, 5, 5a, 8 and 9 in the version of the Federal Law BGBl. I n ° 94/2014 shall enter into force 1. Jänner 2015 in force. With this date, Section 11 (8) to (10) shall not apply. "

8. The following paragraphs 28 and 29 are added to § 34:

" (28) § 13 (1) Z 4 and 5 as well as Section 32c (9) shall enter into force on 2 March 2015.

(29) § 13 (1) (2) and (3), § 15e (1), § 17 (1), § 17a (1) (2) and (2), § 24 Z 4, § 28 (5) (6) and (8) and Section 33 (4) in the version of the Federal Act BGBl. No 94/2014 occur on the date of entry into force of the implementing acts of the Commission of the European Union pursuant to Art. 4 (8), 6 (5), 11 (1), 12 (7), 14, 21 (3), 22 (5), 31 (5) and 39 (3) of Regulation (EU) No 165/2014 in Kraft, however, at the earliest with 2 March 2016. The same shall apply to the expiry of Section 32c (9). The Federal Minister for Labour, Social Affairs and Consumer Protection shall make known the date of entry into force of the above-mentioned implementing acts in the Federal Law Gazan I. "

Article 5

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 68/2014, shall be amended as follows:

1. In § 24 Z 3 the term "Grundlohns" by the term "Remuneration" replaced.

2. § 31 (3) reads:

" (3) In the course of the performance of the tasks assigned to it, the construction workers ' holiday and payment terminal shall be entitled, for the purpose of the provision of services, the determination of the obligation to surcharge and to the transfer of surcharges, to to access the IESG query program run by IEF-Service GmbH, with the power to view the following data: company name, company book number, business number, court decision date and Insolvency type of insolvent holding, name and social security number of application Persons, employment period, exit reason, date of award of recognition, type of exposure, period, total amount of receivables as well as breakdown of receivables, qualification of receivables and bewilligated Amount of exposure. "

§ 32 reads:

" § 32. (1) Who

1.

As an employer, the obligation to notify the holiday and the terminal in accordance with Article 22 does not or does not comply with the obligation in time or does not knowingly provide untrue information,

2.

As an employer or client or employee, he does not comply with the information requirements laid down in § 23b above with regard to the holiday and terminal office, or knowingly makes untrue information,

3.

as an employer or as an employee referred to in section 33g (1) (3) or as an employee in accordance with section 33d (1), the reporting obligations referred to in § 33g shall not be complied with or not knowingly provided in good time or in good time,

4.

as an employer or as a representative within the meaning of section 25a (7) of the obligation to discharge the surcharges pursuant to § 21a, which is to be attributed to him,

provided that the act does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender, and is a fine of 500 euro to 5 000 euro by the district administrative authority, in the To punish repeat cases of EUR 1 000 to 10 000 euro. Any infringement of the obligations covered by Z 1 and 3 shall be punishable separately as an administrative surrender in respect of each of the employees concerned.

(2) Who

1.

as an employer or as an employee in accordance with section 33d (1), the obligation to grant access to the wage records and other documents referred to in § 23 above does not comply with the obligations imposed on him pursuant to Section 23, as compared to the holiday and terminal box office,

2.

as an employer or as an employee referred to in Article 23a (3) or as an employee in accordance with Section 33d (1), the disclosure requirements or obligations to provide access to the required documents in accordance with Article 23a of this Article does not comply with the holiday and terminal box office or knowingly makes untrue information,

3.

Contrary to Article 23a, the building site or the rooms of the employees are refused or otherwise impeded or impeded,

provided that the act does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender, and is a fine of EUR 1 000 to 10 000 for the District Administrative Authority, in the To punish repeat cases of EUR 2 000 to 20 000 euro. Any infringement of the obligations covered by Z 1 shall be punishable separately as an administrative surrender in respect of each of the employees concerned.

(3) Administrative transgressions according to para. 1 and 2 shall be punishable even if they are not committed domestiy. In this case, they shall be deemed to have been committed in that place where they are established.

(4) Administrative transgressions according to paragraphs 1 and 2 shall be punishable only if the action in question does not constitute the facts of an administrative surrender pursuant to Section 7b (8) or § 7i AVRAG.

(5) In the administrative criminal procedure referred to in para. 1 and 2 of the party position and the authorization to, the holiday and terminal box office is entitled to appeal against the decision of an administrative authority in the administrative court and against the knowledge or the Decision of a Administrative Court to review the Administrative Court. "

4. In Section 33d (1) (1) (1) and (33g) (2), the word shall not be used "continued" .

The following sentence shall be added to section 33d (1):

"An employee with a registered office outside of Austria shall be deemed to be an employer in respect of the labour force transferred to him as an employer in relation to § § 23, 23a and 33g."

6. § 33g (1) reads:

" (1) An employer who employs employees within the meaning of § 33d is subject to the obligation to notify the holiday and the terminal in accordance with § 22. The initial notification pursuant to Article 22 (1) and (1a) shall include:

1.

Name, address and industrial property or company subject matter of the employer, VAT identification number,

2.

in the case of a posting within the framework of a labour force transfer, the name and address of the person employed;

3.

the name and address of the person responsible for exercising the right of instruction of the employer to the posted workers,

4.

Name and address of the domestic contracting authority (general contractor),

5.

names, addresses, dates of birth, social security numbers and social security institutions and the nationality of the workers posted to Austria;

6.

the total period of posting, the beginning and probable duration of the employment of the individual workers in Austria and the duration and situation of the agreed normal working hours of the individual workers,

7.

Actual termination of employment in Austria,

8.

the level of pay due to individual employees and the commencement of employment with the employer;

9.

Location (exact address) of employment in Austria (including other places of use in Austria),

10.

the nature of the activity and use of the employee, taking into account the relevant Austrian collective agreement. "

7. In § 33g (2), last sentence, the phrase "pursuant to section 22 (2) and (3)" through the phrase "pursuant to section 22 (1a) to (3)" replaced.

8. In § 33g para. 4, the quote shall be "§ 8a" by quoting "§ 9" and the phrase "Records within the meaning of Section 1 (1) of the Delivery Law" through the phrase "Documents within the meaning of § 2 Z 2 ZustG" replaced.

9. § 40 is added to the following paragraph 29:

" (29) § 24 Z 3, § 31 para. 3, § 32, § 33d para. 1, § 33g para. 1, 2 and 4 in the version of the Federal Law BGBl. I n ° 94/2014 are due to 1. Jänner. 2015 in Kraft. § 32 in the version of the Federal Law BGBl. I No 94/2014 shall apply to situations which may occur after 31 December 2014. '

Article 6

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977-AlVG, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I n ° 68/2014, shall be amended as follows:

1. § 12 (1) Z 2 reads:

" 2.

is no longer subject to compulsory insurance in the pension insurance scheme, or is subject exclusively to a unit value which does not allow an income above the de minimis limit or is subject to the continued existence of the Compulsory insurance for the period of time, for which compensation for dismissal is due or a substitute benefit for holiday pay or a holiday settlement is granted (§ 16 para. 1 lit. k and l), subject and "

2. § 14 para. 4 lit. b is:

" (b)

the time of the presence or training or civil service or the payment of child care allowance if, within the framework period for the qualifying period, there are at least 14 weeks of other waiting periods; "

3. § 18 (3) reads:

"(3) In determining the reference period, the periods referred to in Article 14 (4) shall be taken into account."

4. The following paragraphs 144 and 145 are added to § 79:

" (144) § 12 para. 1 Z 2 in the version of the Federal Law BGBl. I n ° 94/2014 is retroactive with 1. Jänner 2014 in force.

(145) § 14 (4) (lit). b and § 18 (3) in the version of the Federal Law BGBl. I n ° 94/2014 are due to 1. Jänner 2015 in force. "

Fischer

Faymann