76. Federal Law, which changes the Health Care Working Time Act

The National Council has decided:

Change of the Health Service Working Time Act

The Health Care Working Time Act, BGBl. I n ° 8/1997, as last amended by the Federal Law BGBl. I n ° 89/2012, will be amended as follows:

1. § 1 para. 2 Z 10 reads:

" 10.		Pharmacy ladder according to § 37 of the Pharmacies Act, RGBl. No. 5/1907 as well as other generally professional pharmacists in Anstaltsapotheken in the sense of Section 3b of the German Pharmacies Act, "

2. § 3 (4) is replaced by the following paragraphs 4 and 4a:

" (4) By operating agreement (para. 3)

1.		the period of payment in accordance with § 4 (1), (4) and (5) up to 26 weeks;
2.		for service holders iSd § 4 (4a) Z 1 and 2 if there are objective reasons for the technical or organizational nature of the period of conversion pursuant to § 4 (4) (2) to up to 52 weeks,
a)			if the operating agreement does not permit an extension of working time in accordance with section 4 (4b), or
b)			in the case of Section 8 (3)
will be extended.

(4a) For the calculation of the average weekly working time, all cases of absence in a period of payment pursuant to § 3 (2) or § 4 (1) and (4) shall apply.

1.		if the division of services has already been taken at the time of knowledge by the employer/service provider, to use the working hours provided for in the division of the service;
2.		if the service division at the time of the notice by the employer/service provider has not yet been taken, the actual hours worked to be added and divided by the number of weeks reduced by the downtime. "

2a. According to Article 4 (1), the following paragraphs 1a to 1c are inserted:

" (1a) If a working time extension pursuant to paragraph 4b is not used, the second sentence of paragraph 1 shall not apply. In this case, extended services shall be permitted only if appropriate organisational measures are taken to ensure that the service takers, during the extended services, are provided with sufficient recreational opportunities .

(1b) Until the expiry of three months after the initial operation of a newly established hospital in accordance with Article 1 (1) (2) or (3), in which no works council has yet been established, extended services referred to in paragraphs 1 and 1a shall also be permitted if this is not the case. first with the representatives in accordance with § 3 (3) and thereafter in addition with the individual employees in writing was agreed upon. The agreement with the representatives according to § 3 paragraph 3 is the one in § 7 para. 4 of the Arbeitszeitgesetz, BGBl. No 461/1969, as referred to in paragraph 461/1969. Paragraph 4a shall not apply. These agreements shall become ineffective with the entry into force of an operating agreement as referred to in paragraphs 1 and 1a, but at the latest with the expiry of the period of three months from the initial holding of operation.

(1c) Service providers may not discriminate against employees who do not agree to the extended services provided for in paragraph 1b above with respect to other service providers. This prohibition of discrimination relates in particular to the establishment of the employment relationship, all working conditions, the extension of service conditions, conditions of pay, training and further training, promotion opportunities and termination of the Service. "

3. § 4 (4) is replaced by the following paragraphs 4 to 4b:

" (4) Extended services as referred to in paragraphs 1 to 3 have been authorised;

1.		the duration of an extended service 25 hours,
2.		the weekly working time within a period of 17 weeks on average 48 hours,
3.		the working time in the individual weeks of the period of the conversion 72 hours
do not exceed.

(4a) By way of derogation from paragraph 4 Z 1, the duration of an extended service shall be:

1.		Doctors,
2.		Pharmacists according to § 1 para. 2 Z 10
until 31 December 2017, 32 hours, for an extended service that starts in the morning of a Saturday or one day before a holiday, 49 hours, and not exceed 29 hours for all extended services until 31 December 2020.

(4b) By way of derogation from paragraph 4 Z 2, it may be permitted by operating agreement or by agreement with the Staff Committee that the average weekly working time up to 31 December 2017 60 hours and until 30 June 2021 55 hours can be. Paragraph 1b shall not apply. In addition, such an extension of the working time is only permissible if the individual employee has also agreed in writing in advance. "

3a. The following sentence shall be added to Section 4 (5) Z 2 and (6):

" 1b shall not apply. "

4. § 7 (3) reads:

"(3) After extended services in accordance with § 4, the following rest period shall be extended by that extent to which the extended service has exceeded 13 hours, but at least eleven hours."

5. In Section 7a (3), the Z 4 is deleted. The line point in Z 3 is replaced by a point.

6. In § 8 (1), the following sentence is added:

"An extension of the average weekly working time is only permissible if the individual service taker/service has agreed in writing."

7. In Section 8 (3), instead of the citation "§ 4" the citation "§ 4 (4) (1) and (3) and (5)" inserted.

8. In Section 8, Section 4, the quote shall be: " 3 " by quoting " 1 and 3 " replaced.

9. In accordance with § 11a, the following section 11b and title shall be inserted:

" Consent

§ 11b. (1) A written consent of the individual employee within the scope of § 4 para. 4b or § 8 para. 1 last sentence may not be related to the reasons for the service relationship. This consent can be obtained with a notice period of eight weeks

1.		for the next accounting period,
2.		for a period of more than 17 weeks, even for the next 17-week period or for the remainder of the shorter period
in writing.

(2) Service providers may not agree to an extension of the average working week within the scope of section 4 (4b) and 8 (1), last sentence, or to revoke their consent, to the Do not discriminate against other service workers. This prohibition of discrimination applies in particular to all working conditions, the extension of service conditions, conditions of pay, training and further training, promotion opportunities and termination of service.

(3) Service providers shall have an up-to-date list of the employees who agree to an extension of the average weekly working time within the scope of section 4 (4b) or section 8 (1) of the last sentence in writing . In the event of a revocation, the service taker shall be removed from the list. This list shall be annexed to the declarations of consent. "

10. In accordance with § 12 (1) Z 5 the following Z 6 is inserted:

" 6.		Violate the obligation to notify pursuant to Section 8 (4), "

11. According to Article 15 (2), the following paragraph 2m is inserted:

" (2m) § 1 paragraph 2 Z 10, § 3 para. 4 and 4a, § 4 para. 1, 1a, 1b, 1c, 4, 4a, 4b, 5 and 6, § 7 para. 3, § 7a para. 3 Z 3, § 8 para. 1, § 8 para. 3, § 8 para. 4, § 11b and § 12 paragraph 1 Z 6 in the version of the Federal Act BGBl. I n ° 76/2014 are due to 1. Jänner 2015 in force. With this date, Section 7a (3) Z 4 shall not apply. "

Fischer

Faymann