Labour And Social Law Amendment Act 2014 (Asräg 2014)

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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2994957/arbeits--und-sozialrechtsnderungsgesetz-2014-%2528asrg-2014%2529.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
94. Federal law, with which the labour contract law adjustment Act, the workforce transfer law, the employee, the working time Act, the Bauarbeiter-Urlaubs - und severance Act and the unemployment insurance Act 1977 - change employment and social law amendment Act 2014 (ASRÄG 2014)

The National Council has decided:

Table of contents 1 amendment to the labor contract law adjustment Act 2 amendment to the labor provision Act 3 change of ArbeitnehmerInnenschutzgesetzes 4 amendment of the working time Act 5 change of Bauarbeiter Urlaubs - and clearance Act 6 amendment to the unemployment insurance Act 1977 article 1

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, amended by Federal Law Gazette I no. 138/2013, is amended as follows:

1. the sections 7a and 7B and headings are:

"Claims against a foreign employer without a seat in an EU or EEA Member State

Section 7a. (1) section 7 applies (excluding posts according to § 6 of the operational staff and self-employed persons Pension Act - BMSVG, Federal Law Gazette I no. 100/2002 and contributions or premiums after the operating pension law - BPG, BGBl. No. 282/1990), without prejudice to the applicable to the employment relationship right, necessarily also to a(n) workers, who / which of an employer not incorporated in a Member State of the European Union or the European economic area to the performance of work is sent to Austria. A / e employer / in no seat in a Member State of the European Union or the European economic area 7f 1 applies with regard to labour provided to him/her, that work performance to Austria, sent on the §§ 7 d para 1, no. 3 and 7i par. 1 and par. 4 Z 1 as an employer. To apply after section 7 law, the collective agreement or the regulation provides for special payments, has an employer the worker aliquot for the respective payment period in addition to the current fee (due) to afford them the.

(1a) a posting does not exist if / workers employed a / an employer/employer according to para 1 only in connection with following short-term work of limited extent in Austria: 1 business meetings without the provision of additional services, or 2. participate in seminars without the provision of additional services, or 3. trade fairs and trade fair-related events within the meaning of § 17 paragraph 3 to 6 of the work in peace Act (ARG) , BGBl. No. 144/1983, subject to the proviso that the lower limit of § 17 par. 4 ARG does not apply, excluding preparation and completion work for the event (and dismantling of the exhibition facilities and arrival and delivery of the exhibition goods), or 4th visit of and participation at congresses, or 5 cultural events, which take place during a tour, where the event (the events) in Austria only a child importance (come to) , as far as the worker to perform his or her work performance at least for much of the tour has, or 6 participation in and management of international competition events (international championships) in the meaning of § 3 No. 6 of the Federal Sports Promotion Act 2013 (BSFG 2013), Federal Law Gazette I no. 100/2013, excluding preparation and final papers for the event (Assembly and disassembly of the event-related facilities), as well as administration of food and serving drinks in the framework of the event.

(2) employer as entrepreneur liable the as Gesamtschuldner/in for the resulting pursuant to par. 1 pay claims of the employee or of the employee under paragraph 1 and whose.

(3) a / e posted / r workers of a in paragraph 1 of employer referred to or employer has without prejudice to paid the mandatory on the applicable employment law during the period of the posting entitled to 1 leave pursuant to section 2 of the Holiday Act, BGBl. No. 390 / 1976, provided that the extent of vacation under the legislation of the country of origin is low; After posting he/she retains the aliquot part of the difference between the holiday demands under Austrian law and the leave entitlement, which is available to him or her under the legislation of the country of origin; corresponding to the duration of the posting workers are excluded from this scheme of paid leave workers for the holiday provision of Bauarbeiter Urlaubs - and clearance Act (BUAG), Federal Law Gazette No. 414/1972,

2. compliance with the collectively defined working time arrangements.

(4) posted for a / n worker in connection with the supply of equipment to operate with Assembly, commissioning and training associated or repair of this equipment, which cannot be provided by domestic workers employed, 1 paragraph 1 does not apply, if it is to kollektivvertragliches pay within the meaning of section 7 in connection with paragraph 1 and this work in Austria last total does not exceed three months;

2. section 3 does not, if this work in Austria a total not longer than eight calendar days.

For workers with construction work, the construction, repair, maintenance, conversion or demolition of buildings serve, in particular with excavation, earthworks, construction work in the strict sense, installation and dismantling of prefabricated elements, facility or facilities, conversion, renovation, repair, dismantling, demolition, maintenance, maintenance (painting and cleaning) or rehabilitation and are busy with repairs and installations for systems in power plants, apply the para 1 and 3 in any case, from the first day of employment in Austria.

Claims against foreign employer domiciled in an EU or EEA Member State

§ 7 b. (1) a / e workers, who by an employer with headquarters in another Member State of the European Union or the European economic area as Austria will be sent to the performance of work to Austria, claim 1 without prejudice to the applicable to the employment contract law during the period of posting at least that by law, defined by regulation or collective agreement pay has absolutely , which goes to work place comparable workers/workers of comparable employers/employers (except contributions according to § 6 BMSVG and contributions or premiums to the BPG).

2. paid leave according to § 2 holiday law, provided that the extent of the holiday is less under the legislation of the country of origin; After the dispatch of this / these employee retains the aliquot portion corresponding to the duration of the posting of the difference between the holiday demands under Austrian law and the leave entitlement, which is available to him or her under the legislation of the country of origin; are excluded from this scheme of paid leave workers for the holiday of the BUAG applies;

3. compliance with the collectively defined working time arrangements;

4. keep the recording in the sense of the Council directive on the obligation of the employer to inform employees of applicable to his employment contract or employment relationship conditions (91/533/EEC) in Austria by the employer or the with the right of instruction of the employer towards the officer sent workers.

A / e employer / in based in another Member State of the European Union or the European economic area as Austria that work performance after Austria applies with regard to the workers made available to him or her, sent be no. 1 as an employer, in relation to paragraph 3 to 5 and 8, section 7 d, paragraph 1, section 7f para 1 No. 3 and § 7i (1) and paragraph 4. 1 applicable law, the collective agreement or the regulation foresees pursuant to par. 1 special payments that Z, the employer has to make these / employee aliquot for the respective payment period in addition to the current fee (due date).

(1a) a posting does not exist if / workers employed a / an employer/employer according to para 1 in conjunction with following short-term work of limited extent in Austria and no service contract was signed with a a domestic service recipient: 1 business meetings without the provision of additional services, or 2. participate in seminars without the provision of additional services, or 3. trade fairs and trade fair-related events within the meaning of § 17 paragraph 3 to 6 ARG , with the proviso that the lower limit of § 17 par. 4 ARG does not apply, excluding preparation and final papers for the event (and dismantling of the exhibition facilities and purchase and delivery of the exhibition goods), or 4. visit of and participation at congresses, or 5 cultural events, which take place during a tour, where the event (the events) in Austria only a child importance (come to) , as far as the worker to perform his or her work performance at least for much of the tour has, or 6.

Participation and of international competition events (international championships) in the meaning of § 3 Z 6 BSFG 2013, excluding preparation and final papers for the event (Assembly and disassembly of the event-related facilities), as well as administration of food and serving drinks in the framework of the event.

(1B) the posted worker gets busy with work in the sense of para 1a in the context of a domestic with a service recipient of services contract in Austria, is paragraph 1 No. 1 and no. 2 does not.

(2) posted for a / n worker who is employed in connection with the supply of equipment to operate with Assembly, commissioning and training associated or repair of this equipment, which cannot be provided by domestic workers is 1 para. 1 No. 1 not if it was to kollektivvertragliches pay within the meaning of paragraph 1 Z 1 and this work in Austria last total does not exceed three months;

2. ABS 1 Z 2, if this work in Austria a total not longer than eight calendar days.

For workers with construction work, the construction, repair, maintenance, renovation or demolition of buildings serve, in particular with excavation, earthworks, construction work in the strict sense, establishment and dismantling of prefabricated elements, equipment or facilities, renovation renovation, repair, dismantling, demolition, maintenance, maintenance (painting and cleaning) or rehabilitation and are busy with repairs and installations for systems in power plants, applies section 1 anyway, from the first day of employment in Austria.

(3) an employer within the meaning of paragraph 1 have the employment of workers who are sent to report at least one week prior to the respective employment of the Central Coordinating Office for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance to the performance of work to Austria and no. 4 designated representatives which in paragraph 1 , if only a / e is dispatched workers handed the message to copy this/these, or to make available in electronic form. The message is only automatically to be via the electronic forms of the Federal Ministry of finance. In civil cases, urgent work and jobs to be done in the short term the message is immediately before taking up work to repay. The central point of coordination for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of Finance has the message to the competent sickness insurance institution (§§ 26 and 30 ASVG), and if it is to construction activities, to transmit the Bauarbeiter Urlaubs - und Abfertigungskasse electronically.

(3a) the Federal Ministry for labour, Social Affairs and consumer protection is entitled in the context of the fulfilment of the tasks entrusted to him for purposes of labour market policy automation-supported way according to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance in terms of the messages according to para 3-run database to take insight into which of the Central Coordination Office for the control of illegal employment, which the authority for inspection shall include the following data : Operating data (company name and address), employee/internal data of the seconded person (name, date of birth, social security number, social insurances, residence, activities, level of charges, duration of employment, place of employment), data of domestic clients (business name and address of employer/internal operations or the / the general contractor in Austria) and employment subject to approval.

(4) the message according to para 3 has separately for every posting must be and must include the following information; subsequent changes in the information provided are to report immediately to: 1. name, address and commercial power or business of / the employer / in referred to in paragraph 1, tax identification number, 2. name and address of appointed to represent to the outside of / the employer/employer, 3. name and address of / who referred to in par. 1 Z 4 officers, 4. name and address of / the domestic customer/client (General contractor) , 5. names, addresses, birth dates, social security numbers and competent social security institution as well as the nationality of the workers sent to Austria, 6 period of posting a total as well as beginning and expected duration of employment of individual workers in Austria, duration and location of the agreed normal working time of individual workers, 7 levels of remuneration under the Austrian legislation due / the individual worker and the beginning of employment from the employer , 8th place (exact address) of employment in Austria (other locations in Austria), 9 the type of activity and use of the / employee/employee, taking into account the relevant Austrian collective agreement, 10 provided for the employment sent the workers in its home country of / the employer/employer an administrative authorisation is required, each the issuing authority as well as the business number, the date of issue and the validity or a copy of the approval , 11 provided that the posted workers in the host State of the / the employer/employer need a residence permit, respectively the issuing authority as well as the business number, the date of issue and the validity or a copy of the approval.

(5) an employer within the meaning of paragraph 1 have, if there is no social security duty for the posted workers in Austria, documents concerning the registration of the employee or the employee social security contributions (social security document E 101 under Regulation (EEC) No. 1408/71, social security document a-1 after Regulation (EC) No. 883/04) as well as a copy of the message to stand according to the par. 3 and 4 on the Arbeits(Einsatz)Ort in the domestic or the organs of the tax authorities or the Bauarbeiter Urlaubs - and Abfertigungskasse directly on-site in electronic form to make available. Provided for the employment of posted workers in the host State of the / the employer/employer an administrative authorisation is required, is also the approval to hold. If Arbeits(Einsatz)orten changing within one working day to provide the required documentation to the first Arbeits(Einsatz)ORT or to make accessible in electronic form. The provision or making available the documents of the Arbeits(Einsatz)ORT is unreasonable, are to keep the documents at least domestically, and has been proven to provide the tax authority upon request with the documentation to submit to including the second following the prompt on weekdays. No reimbursement is due to for delivery.

(6) the authorities have in accordance with the data protection regulations also with authorities of other Member States of the European economic area, which for the monitoring of compliance with labour and social legislation for the fight against of illegal employment are responsible or can provide information, whether a / e employer working conditions referred to in paragraph 1 to comply, to cooperate and provide information to reasoned requests from authorities of other Member States. The granting of assistance to these authorities is exempt from stamp and other fees.

(7) the collective bargaining parties have to make accessible the collective agreements concluded by them in an appropriate form. Unless it's construction activities, the information and information activity is perceived in accordance with of the BUAG by the Bauarbeiter Urlaubs - und Abfertigungskasse.

(8) who as an employer within the meaning of paragraph 1 the message or the message on subsequent changes in the information (notification of change) contrary to paragraph 3 does not, not timely or not fully reimbursed 1 or knowingly false information be reimbursed 2. in the message or notification of change pursuant to paragraph 3 or 3 not holds the necessary documents contrary to paragraph 5 or the institutions of the tax authorities or the Bauarbeiter Urlaubs - und Abfertigungskasse on-site makes not directly accessible or 4. the required documents contrary to paragraph 5 or § 7 h paragraph 2 not transmitted, commits an administrative offence and workers with fines of 500 euros is by the district administrative authority for each up to 5 000 euro, in case of recurrence of EUR 1 000 to EUR 10 000 to punish. Cross-border posting the administrative offence is considered in the district administrative authority having jurisdiction committed, where the Arbeits(Einsatz)ORT of workers posted to Austria is, changing Arbeits(Einsatzorten) in the place of control.


(9) paragraph 1 to 8 apply to workers who are sent by an employer based in the Swiss Confederation to the performance of work to Austria."

2. paragraphs 7 d up to 7 m and headings are replaced by following §§ 7 d up to 7o including headings:

"Commitment to the provision of payroll documents

§ 7 d. (1) an employer within the meaning of § have § 7, para 1 7a or 7B (1) and 9 during the period of posting a total (§ 7 b para 4 No. 6) the contract of employment or service note (§ 7 b paragraph 1 Z 4), payslips, proof of wage payment or bank transfer documents, wage records, working time records and documents concerning the wage classification for review of the posted worker / to stand in for the duration of the employment under the Austrian legislation due pay in German language on the Arbeits(Einsatz)ORT , also if the employment of the / the individual worker / in has ended earlier in Austria. When Arbeits(Einsatz)orten changing within one working day are the contract documents to the first Arbeits(Einsatz)ORT. The availability of documents on the Arbeits(Einsatz)ORT is unreasonable, are to keep the documents at least domestically and has been proven to provide the tax authority upon request, with the documents to submit until the end of the second following the prompt on weekdays. No reimbursement is due to for delivery.

(2) in the case of a cross-border worker provision, the obligation to keep the wage records meets the domestic / n employer / in. The result / / in has the employer / to provide evidence in the documents.

Competence center LSDB

Article 7e. (1) the Wiener Gebietskrankenkasse as competence centre for wage and social dumping is established for the control of pay under law, regulation or collective agreement in Austria in accordance with the respective classification criteria due to the / the subject not the ASVG worker within the meaning of § 7i 5 combat (competency Centre LSDB).

(1a) the competence centre LSDB has transferred zone according to the instructions of the Federal Minister / Minister for work to perceive social and consumer protection the following tasks: 1 receiving the survey results of the organs of the tax authorities, 2. request to the organs of the tax authorities, making specifically to further surveys submitted survey results or surveys on the basis of justified notices by third parties, 3. reimbursement of the criminal charge after para 3 , 4 guided tour of Verwaltungs(straf)Evidenz and disclosure according to § 7n, 5. perception of party status and the associated permissions according to § 7i, para. 8, 6. information of / the worker / in be a / Strafbescheid of the competent district administrative authority in proceedings under section 7i para 5, as far as the address in the message in accordance with § 7 b paragraph 4 or § 17 para 3 AÜG is shown concerning their working relationship.

(2) the Federal Government is the expenses of the competence center LSDB. The Federal Government has to give the competence centre LSDB in terms of expenditure targets referred to in the first sentence.

(3) the competence centre LSDB finds that / the employer contributes at least standing according to para 1 pay considering the respective classification criteria / workers in the sense of paragraph 1, it shall display to the competent district administrative authority to refund. With the display a certain level of punishment is to apply. The indicator is electronically to provide the tax authority for the purpose of subsequent adjustment of levies. Based on operating agreement or work contract overpayments the compensation components due under law, regulation or collective agreement are in the respective wage payment period credit on any under payments.

(4) the competence centre LSDB can listen to the collective contract partners who have completed the collective agreement relevant for workers for determining the remuneration due to the / the worker in accordance with the classification criteria referred to in paragraph 1. Collects a / e employers justified objections to the classification adopted by the competence center LSDB, has the collective parties to listen to the competence center LSDB. An opinion of the collective contract partner has to be a joint. Cost dentures and remuneration in kind may, as far as the collective agreement not else be determined, not be counted for the purposes of the contractual consideration.

(5) the LSDB of centre of excellence determines that 1 the difference between the actually worked and the period to be determined the remuneration due Austrian legislation the / the workers after release of the competence center LSDB within one by the competence center LSDB demonstrably makes the / employer / employee, and 2. the shortfall of relevant pursuant to par. 1 pay considering the respective classification criteria is low , or 3. fault of / the employer / in or / to the representation to outside appointed (§ 9 para 1 VStG) or the / the responsible officer (§ 9 ABS. 2 or 3 VStG) slight negligence does not exceed, it has to refrain from a display at the competent district administrative authority. It is also to refrain from a display when / the employer makes demonstrably under the Austrian legislation due / the workers pay before notification by the competence center LSDB and the other conditions are met after the first set. § 25 para. 3 of the administrative penal code 1991, Federal Law Gazette is no. 52 (VStG), does not apply.

(6) the competence centre LSDB is entitled to appoint other gebietskrankenkassen against cost reimbursement with the representation on behalf of the LSDB before the district administration authority and the administrative court competence center.

Surveys of the tax authorities

7f. (1) the organs of the tax authorities are entitled to monitor the holding of documents (b) paragraph 5 and 7 d pursuant to §§ 7 and perform required surveys for the control of pay within the meaning of § 7i 5 related to the / the subject not the ASVG workers in accordance with the respective classification criteria and premises, premises and foreign workplaces or jobs and the lounges of workers freely to enter 1 and to cross paths , even if this otherwise the general public prohibited is information about all the facts relevant for the survey referred to in paragraph 1 to require 2. encountered there people if there is reason to believe that it is for these people to an employer or employee, and 3rd in the documents required for the survey (paragraphs 7 b paragraph 5 and 7 d) insight to take , To make copies of these documents and the transmission of documents to request, with the documents to submit until the end of the second following the prompt on weekdays. The control not of the first Arbeits(Einsatz)ORT, is Arbeits(Einsatz)orten changing within one working day the documents of the tax authority are proven to deliver, with the documents to submit until the end of the second following the prompt on weekdays. No reimbursement is due to for delivery.

(2) the bodies of the tax authorities have to submit the results of the surveys the LSDB of competence centre referred to in paragraph 1 and carried out specifically to further surveys submitted survey results or surveys on the basis of justified notices by third parties at the request of the competence center LSDB.

Detection of violations by the health insurance carrier

§ 7 g. (1) notes in the course of its activities, the competent institution of the health insurance that the / the employer 1.
the / of workers subject to the ASVG or 2. the workers, which has ordinary place of work in Austria his/her without being subject to the ASVG, is not at least the attributable to him or her by law, regulation or collective agreement in Austria in accordance with the respective classification criteria consideration within the meaning of § 7i 5, § 7 para 3 to 5 shall apply , that the competent institution of health insurance takes the place of the competence center LSDB.

(2) the competent institution of health insurance has the right to inspect documents required in the activities referred to in paragraph 1 and to make copies of such documents. Upon request, employers have to submit the required documents or photocopies, with the documents or copies to submit until the end of the second following the prompt on weekdays. No reimbursement is due to for delivery.

(3) the competent institution of health insurance has to be / the worker over a / to inform Strafbescheid of the competent district administrative authority in proceedings relating to their employment contracts according to § 7i para 5.

Detection of violations by the Bauarbeiter Urlaubs - und Abfertigungskasse


§ 7 h. (1) establishes the Bauarbeiter Urlaubs - und Abfertigungskasse in the scope of their activities, that / the employer of the worker within the meaning of section BUAG or within the meaning of § 33d BUAG not at least the due him or her by law, regulation or collective agreement pay within the meaning of § 7i 5 in accordance with the respective classification criteria provides, applies Article 7e par. 3, par. 4 of last sentence and paragraph 5 shall , that takes the place of the competence center LSDB Bauarbeiter Urlaubs - und Abfertigungskasse.

(2) the Bauarbeiter Urlaubs - und Abfertigungskasse is entitled in the course of their activities, to monitor the availability of documents according to paragraphs 7 (b) para 5 and 7 d, inspect and make copies of such documents and request their delivery, where the documents up to send off the end of the second following the prompt business day are. The control not of the first Arbeits(Einsatz)ORT, is Arbeits(Einsatz)orten changing within one working day documents of the Bauarbeiter Urlaubs - und Abfertigungskasse are proven to deliver, taking the documents to submit until the end of the second following the prompt on weekdays. No reimbursement is due to for delivery.

Penal provisions

§ 7i. (1) if the required documents contrary to section 7 d, paragraph 1 or article 7f para 1 No. 3 not delivered commits an administrative offence and workers with fines of 500 euros is by the district administrative authority for each up to 5 000 euro, in case of recurrence of EUR 1 000 to EUR 10 000 to punish. As well is to punish who not delivered the documents violates article 7 g 2 or § 7 h 2.

(2) Whoever violates article 7f par. 1 the denied access to the premises, premises and foreign workplaces or jobs and the lounges of workers and related driving routes or provision of information or control otherwise difficult or obstructed, commits an administrative offence and is by the district administrative authority with a fine of EUR 1 000 to 10 000 euro , to punish in case of repetition of 2 000 Euro 20 000 euro.

(2a) (b) paragraph 5 and 7 d who refused the inspection of the documents for paragraphs 7, commits an administrative offence and is workers by the district administrative authority with a fine of EUR 1 000 for each up to 10 000 euros in case of recurrence of EUR 2 000 to 20 000 euro to punish.

(3) Similarly, it is to punish, who denied the inspection of the documents as an employer violates section 7 g para 2 para 2a.

(4) who as 1 employer in terms of §§ 7, 7a para 1 or consignor of 7b paragraph 1 and 9 contrary to section 7 d that doesn't provide wage records, or 2. / in in the case of a cross-border labour transfer to Austria violates article 7 d par. 2 the wage records of the employer / in not demonstrably provides or 3. employer / in commits an administrative offence in the case of a cross-border worker provision violates article 7 d par. 2 which doesn't provide wage records and is an employee of the district administrative authority for each with a fine of EUR 1 000 to 10 000 euros in case of repetition of 2 000 Euro 20 000 euro, more than three workers are affected, to punish workers by 2 000 euros for each up to 20 000 euro, in case of repeated from EUR 4 000 to EUR 50 000.

(5) a person who has workers employed a / e or employed as an employer, at least by law, regulation or collective agreement related to pay considering the respective classification criteria, except without him or her commits an administrative offence in § 49 para 3 to afford ASVG, stated remuneration elements, and is to be punished by a fine by the district administrative authority. Under payments, including through several periods of wage payment, is an administrative offence only. Based on operating agreement or work contract overpayments the compensation components due under law, regulation or collective agreement are in the respective wage payment period credit on any under payments. In terms of special payments for the ASVG unsuccessful worker an administrative offence is only after the first set, / the employer 31 December of each calendar year must make the special payments or not completely at least. No more than three workers are affected by the lower wages is the fine for each worker EUR 1 000 to EUR 10 000, in case of repeated EUR 2 000 involved more than three workers up to 20 000 euro, for each worker 2 000 euro, up to 20 000 euro, in case of repeated EUR 4 000 to EUR 50 000.

(5a) the criminal liability according to paragraph 5 is not given when / the employer before a survey demonstrably makes the difference between the salary actually worked and under Austrian legislation due / the workers the competent body according to the § 7f-7 h.

(6) the district administrative authority determines that 1 / the employer of the worker the difference between the actually worked and the under the Austrian legislation due / the workers to be paid within a period to be determined by the authority has been proven does and 2. below the Z 1 fixed salaries in accordance with the respective classification criteria is low according to paragraph 5 or 3. fault of / the employer or the / to the representation to outside appointed (§ 9 para 1) VStG) or the / the responsible officer (§ 9 ABS. 2 or 3 VStG) slight negligence does not exceed, got them from imposing a penalty to see off. It is also to refrain from imposing a penalty if / the employer proven makes the difference between the actually worked and pay prior to the request by the district administrative authority under the Austrian legislation due / the worker / employee and the other conditions are met after the first set. In administrative criminal proceedings according to paragraph 5, article 45, paragraph 1 shall not apply Z 4 and last sentence VStG. Shows / the employer of the district administrative authority that he or she has made the difference between the actually worked and the remuneration due / the workers under the Austrian legislation, is strafmildernd to take this into account when determining penalty.

(7) the deadline for the limitation period in proceedings (article 31, paragraph 1 VStG) is three years from the due date of the fee. At lower remuneration, including through several periods of wage payment, the period is for the limitation period in proceedings within the meaning of the first sentence from the due date of the fee for the last wage payment period of lower pay. The deadline for the criminality Statute of limitations (§ 31 para 2 VStG) in these cases is five years. In terms of special payments start the periods after the two first movements from the end of each calendar year (paragraph 5 third set) to run.

(7a) in the event that the remuneration due under law, regulation or collective agreement for the affected period of lower remuneration according to paragraph 5 subsequently makes an employer, is the duration of time limits under article 31, paragraph 1 and 2 VStG a year (limitation) or three years (limitation of criminal liability), unless on the basis of paragraph 7 the limitation period to an earlier date occurs; the period of allowable time begins with the extra payment.

(8) party position in administrative penal proceedings 1 referred to in paragraph 1, first sentence, and paragraph 2 4 and pursuant to § the tax authority in the cases of paragraph 5 in conjunction with article 7e has the competence centre LSDB 7 b 8, g and in the cases of paragraph 1, second sentence, and paragraph 3 2nd after para 5 in conjunction with § 7 the competent institution of health insurance , 3. after paragraph 1, 2a, 4, and 5, and pursuant to § 7b 8 in conjunction with § 7 h has the Bauarbeiter Urlaubs - und Abfertigungskasse, even if not displayed by the in the facilities referred to in the Z 1 to 3. This may raise revision at the administrative court complaint with the Administrative Court and against the finding or the decision of an Administrative Tribunal against the decision of an administrative authority.

(9) in cross-border posting or labour supply the administrative offence is considered in the district administrative authority having jurisdiction committed, in which Arbeits(Einsatz)ORT of posted to Austria or licensed workers is, changing Arbeits(Einsatz)orten in the place of control.

(10) for the assessment, whether there is an employment relationship within the meaning of this Federal Act is the true economic substance and not the external appearance of the decisive facts.

Appointment of managers responsible for § 7j. (1) the appointment of responsible officer pursuant to section 9 para 2 and 3 VStG for compliance with this federal law will only be effective after 1.

at the central point of coordination for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance by an employer within the meaning of §§ 7, 7a or 7B or Überlasser workers based abroad, or 2. the competent institution of health insurance through employers or employer/internal domestic-based written notification of the order together with a proof of the consent of the / the goods ordered is arrived. This does not apply to the appointment of responsible persons appointed at the request authority in accordance with VStG. incoming messages after no. 1 are § 9 section 2 at the competence center LSDB, incoming messages referred to in the paragraphs 1 and 2 for the construction sector (section I or § 33d of the BUAG) are also the Bauarbeiter Urlaubs - und Abfertigungskasse to forward.

(2) the employer or the / the employer / in the revocation of the appointment or the departure of responsible officer referred to in paragraph 1 has immediately in writing of the institution, at which the notification of the order to introduce was referred to in paragraph 1.

(3) Whoever, as an employer or employer / in the revocation of the order, or the resignation of those responsible representative violates paragraph 2 does not report, commits an administrative offence and is by the district administrative authority with 41 euro fine to 4,140 euro in case of recurrence with 83 euro fine to punish 4,140 euro.

Prohibition of provision of services

§ 7 k. (1) the competent district administrative authority has the / the employer within the meaning of § § 7, 7a para 1 or 7 b paragraphs 1 and 9, when a cross-border transfer of the consignor / to prohibit, if the repeated 1 § 7i 2 and 2a employer in accordance with which the activities forming the subject-matter of the services for a period of at least one year and not more than five years or 2. § 7i paragraph 4 or paragraph 5 on more than three workers /. Inne / n or repeatedly after § 7i paragraph 4 or paragraph 5 legally punished was or such punishment attributable to him or her. Punishment is then attributable to the employer / if this sanction against / the employer itself or the to represent externally appointed / n (§ 9 para 1 VStG) or against the responsible mandated/boss (§ 9 ABS. 2 or 3 VStG) was legally imposed. § 19 VStG (except section 19 para 2 last sentence VStG) shall apply mutatis mutandis for the calculation of the period of the prohibition. The decision on the prohibition of provision of services is the Federal Ministry for science, research and industry in regard to the §§ 373a until 373e of the Gewerbeordnung 1994 BGBl. electronically to send no. 194/1994, as well as the central coordination point for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance.

(2) a prohibition referred to in paragraph 1 is to be seen if the employer or / the consignor / in proves that he/she has taken concrete technical, organizational and personnel measures, which are likely to prevent the repeated Commission of the administrative offence and is the introduction of the imposed fine. Considered such measures about 1 the introduction of a high-quality report and control system, 2. the intervention of an organ of the internal audit to the regular verification of compliance with the relevant regulations, 3. the introduction of internal liability and compensation rules to comply with the relevant legislation.

(3) the district administrative authority has the assessment pursuant to par. 2 submissions of / the employer or the / the consignor / in to check and to put the measures taken by this/these in a ratio to the number and the severity of the committed administrative offences. In assessing the gravity of the administrative offences is in particular the number of affected workers and an administrative offence according to section 7i para para 5 to take into account the extent of low pay.

(4) a person who performs an activity despite prohibition referred to in paragraph 1, commits an administrative offence and is to punish by the district administrative authority with a fine of EUR 2 000 to 20 000 euro.

(5) in Verwaltungs(straf)Verfahren pursuant to paragraph 1 and 4 the competence centre LSDB and the Bauarbeiter Urlaubs - und Abfertigungskasse have party status; This may raise revision at the administrative court complaint with the Administrative Court and against the finding or the decision of an Administrative Tribunal against the decision of an administrative authority.

Preliminary safety

§ 7 l. Reasonable suspicion of an administrative offence according to paragraphs 7 para 4 b paragraph 8, 7i or 7 k and is to assume on the basis of certain facts that the prosecution or prison for reasons that are, in the person of the employer or the employer (contractor) or in the person of disposing or the Überlasserin will be impossible or substantially more difficult, the organs of the tax authorities can also a preliminary security within the meaning of § 37a VStG up to set a maximum of threatened fines and lift up. Insofar as the scope of activities of Bauarbeiter Urlaubs - und Abfertigungskasse is concerned, this is about collecting a preliminary security to communicate. The in the § 7B par. 1 Z 4 called officers considered to be representative of the / of the employer, if they or a representative appointed by him or her in the official act is not present. On preliminary collateral fine after the first set, § 37a para 1 is last sentence and paragraph 3 to 5 VStG apply accordingly. The transfer pursuant to § 7 m paragraph 3 or the suspension of a safety m is 8 according to § 7 to cancel a seizure.

Security deposit - payment stop

§ 7 m. (1) the reasonable suspicion of an administrative offence according to paragraphs 7 b 8, 7i or 7 k para 4 and is to assume on the basis of certain facts that the prosecution or prison for reasons that are, in the person of the employer or the employer (contractor) or in the person of disposing or the Überlasserin will be impossible or substantially more difficult, can the institutions section 7f and the Bauarbeiter Urlaubs - und Abfertigungskasse of which the tax authorities in connection with the hills after client /. in, a pay the employer / in applying in writing, not to pay the compensation for work still to be paid or the transfer fee still to be paid, or parts thereof (payments stop). First sentence VStG applies mutatis mutandis § 50 para 6. The payment stop is not effective to the extent in which the amount mentioned by him is higher than the compensation for work still to be paid or the transfer fee still to be paid. The stop payment must not be higher than the highest level of fines threat of. Does the client or the employer / in contrary to the payment stop the work contract or the transfer fee, is considered in the proceedings pursuant to paragraph 3 the work contract or the transfer fee not paid. The organs of the tax authorities as well as the Bauarbeiter Urlaubs - und Abfertigungskasse may a payment freeze only apply, if a preliminary security to 7 l § stated or not charged could. Provides the contractor or the consignor / afterthought in the preliminary security or a security without having such a set of its own, is the payment stop by the district administrative authority by ruling to annul; a possible procedure is pursuant to paragraph 3 to adjust.

(2) the tax authorities and have to apply for the lowering of security pursuant to subsection 3 to impose a payment Topps pursuant to par. 1 within three working days at the district administrative authority Bauarbeiter Urlaubs - und Abfertigungskasse, failing which the payment stop override occurs. The district administrative authority has to decide receipt in within three working days. These procedures have party facilities referred to in the first sentence, as far as they have made the application on lowering a security. This may raise revision at the administrative court complaint with the Administrative Court and against the finding or the decision of an Administrative Tribunal against the decision of an administrative authority.

(3) the reasonable suspicion of an administrative offence according to paragraphs 7 b 8, 7i or 7 k para 4 and is to assume on the basis of certain facts that the prosecution or prison for reasons that lie in the person of the employer or the employer (contractor) or in the person of disposing or the Überlasserin, will be impossible or substantially more difficult, can the district administrative authority of the contracting authority , a pay the employer / in applying by ruling, to impose the compensation for work still to be paid or the transfer fee still to be paid or a part thereof as collateral within a reasonable period of time. § § 37 and 37a VStG are in these cases, if this provision otherwise is intended not to apply. With issuing a notice of payment stop falls away.


(4) as compensation for work or hiring fee applies the total fee payable for the performance of the contract or the transfer.

(5) the transfer under paragraph 3 acts for the client or which the employer / in to which the contractor the / or the consignor / in liberating debt to the extent of the payment.

(6) the guarantee must not be higher than the highest level of fines threat of. The contracting authorities or / the employer / in is obliged to announce the amount and maturity of the factory wage or the transfer fee on request of the district administrative authority. The safety performance as well as the amount of the liability from § 67a resulting ASVG and paragraph 82a of the EStG does not cover from the yet-to-be paid compensation for work or licensing fee, can the contractor or the employer / in his right to the performance of wages at the Service Center (§ 67 c ASVG) make anyway, use.

(7) appeals from decisions pursuant to paragraph 3 have no suspensive effect.

(8) which has district administration authority to explain the security for free if the proceedings will be discontinued or against which the contractor or / the consignor / is consummated in a sentence, or within a year, the decline was pronounced. The security is also for free to explain if they by the / by the contractor or the consignor / in is imposed. Vacated collateral are the contracting authorities or the employer / in to pay off.

(9) the district administrative authority has to declare Security revoked as soon as the prosecution of the contractor or the client company or of disposing of Überlasserin or the enforcement of the penalty proves impossible. § 17 VStG shall apply by analogy.

(10) article 37 paragraph 6 applies for the forfeited collateral VStG, where a possible remaining amount in the contracting or / the employer / in to pay off is.

Evidence of Verwaltungs(straf)Verfahren according to paragraphs 7 b 8, 7i, 7 k, 7 m

§ 7n. (1) for purposes of applying for a penalty scale, determining punishment, the prohibition of the services according to § 7 k 1 and determining the exercise of a service despite prohibition, as well as for the purposes of the evaluation of law enforcement or criminal, as well as for the purposes of the contracting authority Beauskunftung the competence centre LSDB has an evidence about final decisions and findings in Verwaltungs(straf)Verfahren according to paragraphs 7 b 8 , 7i, 7 k and 7m to lead. This can be done automatically.

(2) the district administrative authorities and the administrative courts of the countries have copies of final decisions and findings, which she or the Administrative Court in criminal proceedings or procedures referred to in paragraphs 7 have adopted b 8, 7i, 7 k and 7 m, immediately to transmit the competence centre LSDB in automation-supported form. Likewise, they have copies of final decisions and findings that a penalty in accordance with paragraphs 7 b 8 or 7i against responsible officers within the meaning of § 9 para 2 last sentence and paragraph 3 VStG was imposed, that company to deliver this sanction in accordance with paragraph 4, second sentence, is. In the decision or in the knowledge a hint is to record, that with the final punishment the entry of / is connected in the evidence to the accused person and the company, which is the punishment.

(3) the competence centre LSDB has five years after the occurrence of the legal force of the respective notice or decision to delete data of criminal proceedings. The Centre of excellence has to delete data of proceedings about the prohibition of a service one year after expiry of the period of the prohibition.

(4) the competence centre LSDB has a district administration authority, the Administrative Court of the land, the institution of health insurance, the Central Coordinating Office for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance or the Bauarbeiter Urlaubs - und Abfertigungskasse on request within two weeks to apply for the punishment scale, determining punishment, the prohibition of provision of services or determining that a service will be exercised despite ban , To give information about whether in terms of / in the request for information an employer referred to or an employer a legal punishment or decision pursuant to paragraphs 7 b 8, 7i or 7 k or such punishment attributable to is him/her. Attributable to which the employer is a punishment then, if this sanction against / the employer itself or the to represent externally appointed / n (§ 9 para 1 VStG) or against the responsible / charge/s (§ 9 ABS. 2 or 3 VStG) a sentence was validly imposed. Also has to provide the competence centre LSDB contracting authorities on request within two weeks informed, whether in terms of / in the request for information an employer referred to or an employer a final punishment decision pursuant to paragraphs 7 b 8, 7i or 7 k exists or attributable to him or her such a punishment decision. In the report the number of punishments and, where appropriate, the relevant data of cases and penal decisions, notices that a reminder has been issued, as well as the decisions and findings in proceedings pursuant to § 7 are k para 4 (authority, file number, decision -, knowledge - and legal force date, name and date of birth of the person, the notice or the understanding refers and which is attributable to it , imposed fines, duration/period of prohibition of provision of services) to specify or determine that there are no punishment, no prohibition of provision of services, or data for a report. Five years after the occurrence of the legal force of the respective Strafbescheides or penal order and one year after expiry of the period of the ban which allowed services in relation to this notice or this knowledge information on no longer be granted.

(5) the district administrative authorities have the competence centre LSDB on an annual basis: 1. the introduction of the criminal proceedings in accordance with paragraphs 7 b 8, 7i, and 7 k para 4 imposed in fines and 2 to report the introduction of the procedure according to § 7 m imposed collateral.

Delivery

§ 7o. (1) for the application of articles 7 to 7 m and 7o para 2 is considered delivery point within the meaning of section 2 Z 4 of extra Act (ZustG), Federal Law Gazette No. 200/1982, also the permanent establishment located in the domestic, operating room, Foreign Office or workplace, at the employee is working. For a delivery to the place of delivery, the party to the proceedings as well as the can section 7 b paragraph 1 Z 4 designated officer Z 1 ZustG are referred to as recipient within the meaning of article 2. The / the referred to in § 7b paragraph 1 Z 4 / commissioned/s must be placed even, if the party to the proceedings Z 1 ZustG was referred to as recipient within the meaning of § 2 or the party to the proceedings is not regularly stop at the delivery point.

(2) the reasonable suspicion of an administrative offence according to paragraphs 7 b 8, 7i or 7 k para 4 and is to assume on the basis of certain facts, that the delivery of documents for reasons, in the party to the proceedings or the person of / in section 7 b paragraph 1 Z is 4 designated/n responsible for, be impossible or substantially more difficult, can apply at the district administrative authority of the party or the officer by ruling , within a period of at least two weeks for the concrete procedure a(n) delivery agents/n call to make. § 10 para 1 2 ZustG is second to fourth sentence and paragraph apply accordingly; the place of delivery is not considered Z according to para 1 place of delivery according to § 10 para 2 2 ZustG."

3. § 19 para 1 30 following Z 31 attaches to the Z: "31.
I no. 94/2014 will take the sections 7a, 7B, and 7 d up to 7o and headings in the version of Federal Law Gazette 1 January 2015 effect. In Verwaltungs(straf)Verfahren according to paragraphs 7 b 8, 7i, and 7 k are no. 94 / 2014 regulations continue to apply I on facts which occurred before January 1, 2015, prior to the entry into force of the Federal Law Gazette. section 7i para 8 and § 7 k para 5 as amended by Federal Law Gazette I are no. 94/2014 to apply to administrative penal proceedings, whose underlying attaching received after 31 December 2014 the authority."

Article 2

Amendment of the labour supply law

The workforce transfer law, BGBl. No. 196/1988, as last amended by the Federal Act, Federal Law Gazette I no. 98/2012, is amended as follows:

1 § 13 para 2 subpara 2 is: "2. name and address of the employer and whose VAT registration number and whose legal advocacy, for membership of a Chamber of Commerce also the competent professional association of the Wirtschaftskammer Österreich, lack a legal advocacy that voluntary professional association, which has signed the collective agreement, which or whose articles for comparable workers of the employer is effective (Professional Association)"


2. in article 13 para 4 Z 2 are the previous lit. a and b as lit. b and c referred to is following lit. a is inserted: "a) name and address of the employer and whose VAT registration number and" 3. § 17 para 2 is:

"(2) the consignor has to contact the cross-border transfer of the Central Coordination Office for the control of illegal employment permit free transfer of workers from abroad to Austria (after the aliens and the AVRAG) of the Federal Ministry of finance. The message is to submit, at the latest one week before the employment in Austria the message is immediately sufficient jobs to be done in cases of disasters, urgent work and short term before taking up work. Changes of the reported data are immediately. The delivery of the messages only automatically via the electronic forms of the Federal Ministry of finance must be made."

4. paragraph 17 para 3:

"(3) the notification referred to in paragraph 2 has to contain the following details: 1. name and address of disposing, 2. name and address of to represent externally appointed the disposing, 3. name and address of the employer and whose VAT registration number and its commercial power or business, 4. names, addresses, birth dates, social security numbers and social insurance institutions and nationality of licensed workers, 5 beginning and expected duration of employment of each licensed workers when the employer" , 6 places of employment, each under specifying the address in Austria, 7 height of pay under the Austrian legislation due each individual worker, 8. type of activity and use of individual workers, taking account of the relevant Austrian collective agreement, 9 if any government authorization is required for the employment of licensed workers in its home country of disposing, respectively the issuing authority as well as the business number ", the date of issue and the validity or a copy of approval 10 if the licensed employees in the country of domicile of the disposing need a residence permit, respectively the issuing authority as well as the business number, date of issue and the validity or a copy of the approval."

5. in § 17 paragraph 4, the expression "a copy of the messages" is replaced by the expression "the messages".

6 paragraph 17 paragraph 6:

"(6) the messages to be transmitted are electronically available to make."

7. in the section 17 paragraph 7, the phrase "as well as a copy of the message in accordance with paragraph 2 and 3 of the Arbeits(Einsatz)ORT to keep" is replaced by the phrase "as well as the message to keep in accordance with paragraph 2 and 3 of the Arbeits(Einsatz)Ort in an appropriate manner to check or to make available".

8 § 22 para 1 No. 2 is: "2. with fine of €500 up to €5 000, in case of recurrence of 1 €000 up to 10 €000, who repaid the messages pursuant to § 17 para 2 not or not timely or incomplete or knowingly inaccurate or the necessary documents contrary to § 17 section 7 not to review holds or is not available;"

9 the following paragraph 5 is added to § the 22:

"(5) the tax authorities and inspection bodies (financial police) have party position in administrative criminal proceedings referred to in paragraph 1."

10. in § 22a para 1, the phrase does not apply "in granting free times".

11 section 22c paragraph 1 reads:

"(1) the Mission of the Fund is to support (former) employees by hiring companies in the sense of § 12 of the unemployment insurance Act (AlVG) 1977 in steadying their working conditions, (additional) qualification and improve their chances on the labour market, as well as during periods of unemployment."

12. in section 22, the introductory phrase is c paragraph 6:

"The main Association of Austrian social security institutions (Hauptverband) has to provide the funds and a following data electronically from this authorized service provider for the services provided:"

13. in section 22c para 6 is the point at the end of paragraph 4 by a semicolon replaced and added following paragraph 5: "5. amount of the contributions to the Fund by the respective Überlassern in accordance with article 22d and at most existing contribution arrears."

14 § 22d paragraph 4 first sentence reads:

"The contributions for employees transferred from abroad, which is not subject to social security in Austria, are to be paid by the consignor to the Fund."

15. the section 23 be added following paragraph 18 to 20:

"(18) Article 22a, paragraph 1 and section 22c para 1 as amended by Federal Law Gazette I no. 94/2014 apply retroactively with 1 January 2014."

(19) § 13 para 2 subpara 2 and par. 4 Z 2, § 17 para 2 to 4, 6 and 7, section 22c paragraph 6 and section 22d (4) as amended by Federal Law Gazette I no. 94/2014 apply with 1 January 2015.

"I no. 94/2014 para 1 subpara 2 and paragraph 5 in the version of Federal Law Gazette 1 January 2015 into force (20) § 22 and is on facts occurring after the expiry of the 31 December 2014 to apply."

Article 3

Change of ArbeitnehmerInnenschutzgesetzes

The employee, Federal Law Gazette No. 450/1994, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 10 the following paragraph is added to sec. 10:

"(10) safety specialists or working physicians, must unless they are workers, at the same time as a safety supervisor ordered."

2. paragraph 5 deleted § 25.

3. in article 32, paragraph 1, the phrase "as well as the fire protection group" is no. 2.

4 first sentence in § 88 par. 5 replaces the word "twice" "once" the word.

5. paragraph 3 is § 107.

6 the following paragraph 14 is added to in section 131:

"(14) § 10 par. 10, § 32 para 1 subpara 2 and § 88 par. 5 as amended by Federal Law Gazette I no. 94/2014 come with 1 January 2015 in force." § 25 paragraph 5 and article 107 para. 3 step at the end of 31 December 2014 override."

Article 4

Amendment of the working time act

The working time Act, Federal Law Gazette No. 461/1969, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 para 8 to 10 is § 11.

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

1B. section 13 para 1 Nos. 4 and 5 is: "4. an analogue recording equipment a analogue tachographs within the meaning of article 2 paragraph 2 lit." g of Regulation (EU) No. 165/2014;

5. a digital tachograph a digital tachograph within the meaning of article 2 paragraph 2 lit. "h of the Regulation (EU) No. 165/2014;"

1 c. § 13 para 3 is as follows:

"(3) as far as this federal law No. 165/2014 refers to Regulation (EU), this is a reference to Regulation (EU) No. 165/2014 on the tachograph in road transport, OJ "No. L 60 of the 28.2.2014 S. 1, in their up-to-date versions."

1 d. the following paragraph 4 is added to § 13a:

"(4) for drivers and drivers of trolley buses in accordance with § 5 railway law is section 4 does not apply unless § 18a States otherwise."

1E. in article 17, paragraph 1, the expression is "articles 13 to 16 of Regulation (EEC) No 3821/85" by the expression "article 26 to 29 and 32 to 37 of Regulation (EU) No. 165/2014" replaced.

1F. section 17a para 1 No. 2 is: "2. the Regulation (EU) No. 165/2014, in particular with regard to the personal obligations under article 36," 1 g. In the Article 17a, paragraph 2, the second sentence reads:

"The downloaded data must be in accordance with article 2 para 2 lit. n of Regulation (EU) No. 165/2014 with a digital signature be provided."

1 h. the heading of section 18a is as follows:

"Workers and workers in tram, trolley bus and cable car company"

1I. The previous section 18a receives the sales designation (1) and the following paragraph 2 is added:

"(2) for drivers and driver in trolley bus and/or coach undertakings, moreover, §§ 13 are to apply c and 14."

2. paragraph 26 paragraph 3:

"(3) for employees/workers, who largely determine the location of their time and their place of work or exercising their activity mainly in her apartment, are exclusively records of the duration of the working day to lead."

3. paragraph 26 para 5:

"(5) (commitment to the management of records of the rest periods referred to in article 11 shall not apply if 1 operating agreement, in enterprises without Works Council by writing a single) (beginning and end of rest periods are set or b), letting the workers/workers to take the rest, within a defined period and 2 of this agreement will not deviate."

4. According to § 26 para 5, the following paragraph 5a is added:


"(5a) for workers/employees with a written fixed work schedules have the employers/employers at least at the end of each fee payment period as well as at the request of the Arbeitsinspektorates to confirm compliance with only and are only deviations from this Division to record continuously."

5. § 26 paragraph 8 is replaced by the following paragraph 8 and 9:

"(8) employees/workers are entitled to free delivery of their working time records once a month, if they are demonstrably required.

(9) expiration date be inhibited, 1st or 2nd as long as the submission in accordance with paragraph 8 employees/workers are denied, if the actually worked time is unacceptable because of the absence of records of the hours worked."

5a. § 28 section 5 is Z 8: "8 the duties relating to the control device, the record sheet, the expression or the driver card in accordance with article 3 par. 1, article 26 except para. 4 and 9, article 27, article 28, article 29 paragraph 2 to 5 article 32 para 1 to 4 and articles 33 to 37 of Regulation (EU) No. 165/2014 hurt," 5b. § 28 paragraph 10 deleted.

5 c. the section 32c the following paragraph 9 is added:

"(9) that in § 28 ABS. 5 Z 8 referred to violations of art. 15 para 1 of subpara." 1, and paragraph 2, 3, 5 and 5a of Regulation (EEC) No 3821/85 shall apply as of March 2nd, 2015 as violations of the relevant provisions in article 34 of Regulation (EU) No. 165/2014."

6. the previous paragraph 1a be called "§ 34 (1) to (26)"-1z of the § 33. The heading of the section 34 is as follows:

"Entry into force of amendments"

7 27 the following paragraph is added to in article 34:

"(27) article 26, para. 3, 5, 5a, 8, and 9 in the version of Federal Law Gazette I no. 94/2014 effective with January 1, 2015." This time § 11 para 8 to 10... eliminates"

8. in article 34 be attached following paragraph 28 and 29:

"(28) article 13, paragraph 1 Z 4 and 5, and section 32c para 9 with 2 March 2015 into force."

(29) article 13, paragraph 1 Z 2 and para 3, § 15 para 1, § 17 para 1, § 17a para 1 No. 2 and para 2, § 24 Z 4, § 28 ABS. 5 Z 6 and 8, § 33 paragraph 4 as amended by Federal Law Gazette I no. 94/2014 become the day of entry into force of the implementing acts of the Commission of the European Union in accordance with article 4 paragraph 8 , 6 para of 5, 11 para of 1, 12 para 7, 14, 21 para of 3, 22 para of 5, 31 para of 5 and 39 (3) of Regulation (EU) No. 165/2014 into force, but not before 2 March 2016. the same applies to the expiry of section 32 c para 9. The Federal Minister for labour, Social Affairs and consumer protection has to make known the date of entry into force of the implementing acts in the Federal Law Gazette I."

Article 5

Amend the Bauarbeiter Urlaubs - clearance Act and the Bauarbeiter Urlaubs - and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 68/2014, is amended as follows:

1. in article 24, the term "Basic salary" Z 3 is replaced by the term "Remuneration".

2. paragraph 31 para 3:

"(3) that is Bauarbeiter Urlaubs - und Abfertigungskasse in the scope of the performance entitled its tasks for the purpose of providing services, establishing the additional duty and the introduction of surcharges on automation-supported way to inspect the IESG query program run by the IEF-service GmbH, which the authority for inspection shall include the following data: company name, company registration number, business number, judicial decision date and bankruptcy type of insolvent" "That persons name and social insurance number of the application, employment period, exit reason, date of the granting decision, requirement type, period, total exposure amount and amount breakdown on demand parts, qualification of the claim and appropriated sum."

3. paragraph 32:

"32. (1) who 1 as an employer not or not timely comply with the reporting obligations incumbent on him pursuant to § 22 compared to the holiday - und Abfertigungskasse or knowingly untrue information makes, 2. as employer or principal or employer which does not meet him in accordance with section 23 b if obligations towards the holiday - und Abfertigungskasse knowingly untrue information makes, 3. as an employer or as in § 33 g para 1 Z 3 known officer or as an employer pursuant to § 33d para 1 the him in accordance with § 33 g reporting obligations not or" fail to comply with or knowingly untrue information makes 4. as an employer, or as representative within the meaning of section 25a, paragraph 7 does not fulfil the obligation coming to him for the dissipation of the supplements according to § 21a, commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts, and is by the district administrative authority with a fine of EUR 500 to 5 000 euro , to punish in case of recurrence of EUR 1 000 to EUR 10 000. Infringements of the obligations covered by Nos. 1 and 3 are separately with regard to each affected employee as to punish administrative offence.

(2) a person who does not fulfil the obligations incumbent on him pursuant to § 23 to provide insight into the payroll records and other documentation referred to in section 23 to the holiday - und Abfertigungskasse 1 as an employer or employer pursuant to § 33d paragraph 1, does not fulfil the obligations incumbent upon him in accordance with § 23a or obligations to provide insight into the necessary documents to the holiday - und Abfertigungskasse 2. as an employer or as in Section 23a subsection 3 of known agent or employer pursuant to § 33d para 1 or knowingly gives untrue information, 3. contrary to § 23a denied entering the construction site or the employee lounges or the control otherwise difficult or obstructed, commits, unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, an administrative offence, and is by the district administrative authority with a fine of EUR 1 000 to EUR 10 000, to punish in case of repetition of 2 000 Euro 20 000 euro. Infringements of the obligations covered by subpara 1 are separately with regard to each affected employee as to punish administrative offence.

(3) administrative offences are also punishable, according to paragraphs 1 and 2 if they were not committed in Germany. In this case they are considered at that place committed, on which they are found.

(4) administrative offences according to paragraphs 1 and 2 are punishable only if the respective deed constitutes not an administrative offence b paragraph 8 or section 7i AVRAG pursuant to § 7.

Party status, as well as the permission comes (5) holiday - und Abfertigungskasse in an administrative penal proceeding according to paragraphs 1 and 2, against the decision of an administrative authority levy revision at the administrative court complaint with the Administrative Court and against the finding or the decision of an Administrative Tribunal."

4. § 33d para 1 No. 1 and § 33 para 2 g is not available in "continued" each word.

5. paragraph 1 the following sentence is added to § 33d:

"An employer established outside Austria applies § 23, 23a and 33 g manpower provided to him, who are sent to Austria to work performance-related, as an employer in relation to the article."

6 paragraph 33 g of paragraph 1:

"(1) an employer who employs workers in the sense of § 33d, is subject to the reporting obligation to the holiday - und Abfertigungskasse pursuant to § 22. The first notification in accordance with article 22, paragraph 1 and 1a shall cover: 1. name, address and commercial power or business of the employer, tax identification number, 2. for posting in the context of a labour supply name and address of the employer, 3. name and address of the sent workers with the right of instruction of the employer towards the officers, 4. name and address of the domestic contractor (General contractor), 5 name , Addresses, birth dates, social security numbers and competent social security institution as well as nationality of workers posted to Austria, 6 period of posting a total, start and expected duration of employment of individual employees in Austria as well as duration and location of the agreed normal working time of individual workers, 7 actual termination of employment in Austria, 8 levels of remuneration due the individual employee and the beginning of the employment relationship with the employer ", 9th place (exact address) of employment in Austria (other locations in Austria), 10 the type of activity and use of the employee, taking into account the relevant Austrian collective agreement."

7. in paragraph 33 g of paragraph 2 the last sentence is the phrase "in accordance with section 22 par. 2 and 3" by the phrase "in accordance with section 22 paragraph 1a to 3" replaced.

8. in paragraph 33 g paragraph 4 be the quote "§ 8a" by the quote "section 9" and the phrase "Documents within the meaning of § 1 para 1 of the extra law" by the phrase "documents within the meaning of § 2 Z 2 ZustG" replaced.

9 § 40 29 the following paragraph is added:


"(29) § 24 No. 3, § 31 para 3, § 32, § 33d para 1, § 33 g para 1, 2 and 4 as amended by Federal Law Gazette I no. 94/2014 become January 1." 2015 in force. section 32 in the version of Federal Law Gazette I is no. 94/2014 to apply to facts occurring after 31 December 2014."

Article 6

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977 - AlVG, BGBl. No. 609/1977, as last amended by Federal Law Gazette I no. 68/2014, is amended as follows:

1. § 12 para 1 No. 2 is: "2. no longer of compulsory insurance in the pension insurance is subject to expect no income beyond the de minimis limit allows this only on the basis of a unit value, is subject to or on the basis of the continuity of the compulsory insurance for the period of time for which compensation is due to or granted a compensation for holiday pay and holiday compensation (§ 16 par. 1 lit. (k und l), is subject to and "2. § 14 para 4 lit. b is: "b) the time of presence - or training - or civil service or cover of childcare allowance, if the deadline applicable to the entitlement framework at least 14 weeks other vesting periods are;"

3. paragraph 18 para 3:

"(3) in determining the period you are in § 14 para 4 to consider schedule."

Be added following paragraph 144 and 145 4. section 79:

"(144) § 12 para. 1 No. 2 in the version of Federal Law Gazette I no. 94/2014 retroactively 1 January 2014 into force."

(145) § 14 para 4 lit. I 94/2014 contact no. b and § 18 para 3 as amended by Federal Law Gazette 1 January 2015 in force."

Fischer

Faymann