Change The Hospitals Working Hours Act

Original Language Title: Änderung des Krankenanstalten-Arbeitszeitgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_76/BGBLA_2014_I_76.html

76. Federal law that modifies the hospitals working time law

The National Council has decided:

Change the hospitals working hours Act

The hospitals working time Act, Federal Law Gazette I no. 8/1997, amended by Federal Law Gazette I no. 89/2012, is amended as follows:

1 § 1 para 2 Z 10 is: "10 head of pharmacy/pharmacy directors in accordance with § 37 of the pharmacy Act, RGBl. No. 5/1907 as well as other general professional authorized pharmacist/pharmacists in pharmacies of institution in the sense of § 3 b Pharmacy Law," 2. § 3 section 4 is replaced by the following paragraph 4 and 4a:

"(4) by agreement (para. 3) the calculation period according to article 4, paragraph 1, 4 and 5 to 26 weeks; may 1."

2. for employees/service workers within § 4 para 4a Nos. 1 and 2 in the presence of objective reasons of technical or organisational work the calculation period according to § 4 para 4 to up to 52 weeks, a) Z 2 If the operating agreement allows no prolongation of working time according to § 4 paragraph 4 b, or b) will be extended in the case of section 8 subsection 3.

(4a) fall in a calculation period according to § 3 par. 2 or § 4 para 1 and 4 justified absences, are for the calculation of the average working week 1 when the Service Division at the time of the notice was already hit by the employer / the Dienstgeberin, to attract the working time provided for in the Service Division.

2. If the Service Division at the time of the notice have not been hit by the employer / the Dienstgeberin, to add the hours actually worked and to divide by the number reduced to the lost working days."

2A. According to article 4, paragraph 1 shall be inserted following paragraph 1a to 1 c:

"(1a) b is made by a prolongation of working time according to paragraph 4 is not in use, is para 1 second sentence does not apply. In this case, extended services are only permitted if appropriate organisational measures ensuring that adequate recreation facilities available are the employees/service workers during the extended services.

(1B) until the expiration of three months after the initial launch of a newly constructed hospital pursuant to section 1 para 1 Z 2 or 3, still no Works Council erected in the extended services are also allowed, pursuant to paragraph 1 and 1a when it first agreed in writing with the representatives/representatives according to § 3 para 3 and then, in addition with the individual employees/service workers. The agreement with representatives/representatives according to § 3 para 3 is in § 7 para 4 of the working hours Act, BGBl. to send no. 461/1969, listed facilities. Paragraph 4a shall not apply. These agreements are ineffective with force of an operating agreement under paragraph 1 and 1a, but no later than the expiry of the period of three months from the first opened.

(1c) employer/employers employees/service workers, who b not agree to extended services referred to in paragraph 1, may not disadvantage compared to other employees/service workers. This prohibition of discrimination applies to all working conditions, in particular the establishment of the service relationship, the extension of service, pay conditions, education and training, opportunities for advancement and termination of employment."

3. § 4 para 4 is replaced following paragraph 4 to 4B:

"(4) were extended services is approved according to para 1 to 3, 1 may the duration of extended service 25 hours, 2 weekly working hours over a calculation period of 17 weeks on average 48 hours, 3. working hours in each week of the calculation period 72 hours do not exceed."

(4a) by way of derogation from paragraph 4 Z 1 may the length of extended service of 1 doctors, 2. Z 10 until December 31, 2017 32 hours, extended service, starts pharmacists/pharmacists in accordance with § 1 para 2 in the morning, a day before a public holiday or a Saturday, 49 hours, and until 31 December 2020 for all extended services 29 hours do not exceed.

(4B) by way of derogation from paragraph 4 No. 2 can be admitted by agreement or in consultation with the Staff Committee, that the average workweek to 60 hours 31 December 2017 and by June 30, 2021 can amount to 55 hours. ABS. 1b shall not apply. Such a prolongation of working time may in addition only, if also the individual employee / the individual service company has approved in advance in writing."

3A. § 4 para 5 Nos. 2 and 6 will each the following sentence added: "paragraph 1 b is not to apply."

4. paragraph 7 para 3:

"(3) for extended services pursuant to § 4 the following rest period to that extent is to extend, to the extended service hours exceeded, but at least to 11 hours."

5. in Section 7a para 3 Z 4 is omitted. The semicolon in no. 3 is replaced by a dot.

6. in article 8, paragraph 1 the following sentence is added:

"An extension of the average working week is allowed only if the individual employee / the individual service employee has agreed in writing."

7. in article 8, para. 3, the quote will be instead of the quotation "section 4" "§ 4 par. 4 Z 1 and 3 and paragraph 5" added.

8. in article 8, paragraph 4, the quote 'Paragraph 3' by the quote "para 1 and 3" will be replaced.

9 according to § 11a the following paragraph is inserted 11 b together with heading:

"Consent

section 11 b. (1) a written approval of each service employee of each service employee in the context of § 4 para 4 b or section 8 para 1 last sentence should not relating to the establishment of the service relationship stand. This consent may be withdrawn in writing with a notice period of eight weeks 1 for the next calculation period, 2nd in a calculation period of longer than 17 weeks for the next 17 weeks period or remaining shorter.

(2) employer/employers may not discriminate against employees/service workers, which prolongs the average weekly working hours in the context of § 4 para 4 last sentence not agree (b) and article 8, paragraph 1 or their consent have withdrawn, compared to other employees/service workers. This discrimination affects in particular all working conditions, the extension of service, pay conditions, education and training, opportunities for advancement and termination of employment.

(3) employer/employers have to carry an up-to-date list of services/service women, that an extension of the average working week b or section 8 para 1 last sentence have agreed in writing to in the context of § 4 para 4. Revocation is the employees / the service company from the directory to delete. This directory are copies of endorsements to settle."

10. after article 12 par. 1 Z 5 is inserted following Z 6: '6 violate the duty of disclosure pursuant to § 8 para 4,' 11. Article 15 par. 2 l is inserted after the following para. 2 m:

"(2m) § 1 para 2 Z 10, section 3, subsection 4 and 4a, § 4 ABS. 1, 1a, 1B, 1 c, 4, 4a, 4B, 5 and 6, § 7 para 3, § 7a para 3 Z 3, § 8 para 1, § 8 para 3, § 8 para 4, § 11 (b) and article 12, paragraph 1 No. 6 as amended by Federal Law Gazette I no. 76/2014 with 1 January 2015 into force." This time eliminates the Section 7a para 3 Z 4."

Fischer

Faymann