Change The Bauarbeiter Urlaubs - Clearance Law, The Builders-Bad Weather Compensation Act 1957, Of The General Social Security Act And The Arbeitslosenversicherungsg...

Original Language Title: Änderung des Bauarbeiter-Urlaubs- und Abfertigungsgesetzes, des Bauarbeiter-Schlechtwetter-Entschädigungsgesetzes 1957, des Allgemeinen Sozialversicherungsgesetzes und des Arbeitslosenversicherungsg...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_68/BGBLA_2014_I_68.html

68. Federal law be changed with the Bauarbeiter Urlaubs - and clearance, the builders-bad weather Compensation Act 1957, the General Social Insurance Act and the unemployment insurance Act 1977

The National Council has decided:

Article 1

Amending Bauarbeiter Urlaubs - and handling law - BUAG

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 46/2014, is amended as follows:

1. the introductory sentence in article 2, paragraph 1 is as follows:

(1) for the matters shall are holiday and bridging allowance holdings (companies) in the sense of paragraph 1:

2. in article 2, paragraph 3 is inserted after the quote "Paragraph 1," the quote "1a,".

3. § 4a para 1 first sentence reads:

"By way of derogation of article 4, paragraph 1 the entitlement to leave of the employee for employment arises at the time of their claim over the holiday and Abfertigungskasse or other determination of the holiday - und Abfertigungskasse longer than eight full supplement periods behind it, only to the extent, as the employer paid for it due surcharges to pay."

4. § 4a para 2 is as follows:

"(2) by way of derogation from § 4 paragraph 2 entitlement to pension rights of a worker for employment arises, which at the time of their claim over the holiday and Abfertigungskasse or other determination of the holiday - und Abfertigungskasse longer than eight full supplement periods behind it, only to the extent, as the employer paid for it due surcharges to pay."

5. paragraph 8 para 7:

"(7) holiday kept workers from termination of employment and was not submitted for this still to transfer of corresponding vacation pay, so the employer shall immediately upon termination of the employment relationship to make the submission. "The employer has to pay back already transfered holiday pay to the extent of not consumed by the workers leave of the vacation - und Abfertigungskasse immediately upon termination of the employment relationship, unless the workers during the employment relationship the holiday not or has consumed only a part."

6 paragraph 9 par. 1 and 2:

"(1) the employee is still an open entitlement at the end of the employment relationship, so a holiday compensation as compensation for the unused vacation days is due to the employee upon request. Holiday compensation is due in the amount of the vacation fee (§ 8), which corresponds to the length of the date leave.

(2) the request on holiday compensation is from the employee immediately after termination of employment with the holiday - und Abfertigungskasse to introduce; at the request of workers has to specify how many of the unused vacation days should be compensated."

7 paragraph 9 paragraph 5:

"(5) the vacation and severance Fund has to pay the employee the amount of vacation compensation for the holidays date in a calendar month on the 10th of the following month."

8 § 9 par. 5 is added the following paragraph 6:

"(6) holiday - und Abfertigungskasse has to pay on the holiday compensation attributable wage legal taxes, where the income tax to the tax office responsible for the holidays - und Abfertigungskasse to dissipate is."

9 section 13a para 1 No. 6 after the phrase "to be applied are" the phrase "and he refers to a bridging allowance pursuant to clause 13 l in this period" attaches.

10 § 13a para 1a is as follows:

"(1a) the worker dispatching in compliance with the requirements pursuant to §§ 13 goes to b and 13c even when claiming an age pension following the purchase of bridging allowance."

11 sec. 13c paragraph 5 is added to the following set:

"The same is true if the employment relationship due to use of the bridging allowance ends with the cancellation on the part of the employee, or by agreement between employer and employee."

12 paragraph 13 l subsection 1:

"(1) workers have after completion of their 58th year, unless they be disproportionate work and following the purchase of bridging allowance are entitled to an old-age pension (old-age, corridor or heavy work pension), a unique claim on bridging allowance in the presence of:"



1. at least 520 weeks of employment after completion of their 40th year in an employment relationship, no. 189/1955-ASVG covered by this federal law, as well as the insurance obligation according to the General Social Security Act, Federal Law Gazette, and 2 at least 30 weeks in such employment over the last two years prior to receipt of the bridging allowance.

The same applies to workers within the meaning of § 33d para 2."

13 paragraph 13 l paragraph 2:

"(2) the monthly amount of the bridging allowance is the 169,5-fache of the averaged hourly wage resulting from the vast classification of an employee in the last 52 weeks prior to termination of employment. Collective wage increases are taken into account. This also applies to the period of reference by bridging allowance. "Due to lack of a contractual regulation of the hourly wage, the agreed upon in the recent employment and reported the holiday - und Abfertigungskasse hourly rate applies (section 21a, para 3 last sentence) as a calculation basis."

14. in article 13, l according to paragraph 2, the following paragraph 2a is inserted:

' (2a) for workers, whose agreed working week on completion of the 40th year of life below the statutory normal working hours or shorter normal working time defined by norms of collective legal design has (part-time), is the 169,5-fache of the averaged hourly wage, which from the predominant classification of the employee in the last 52 weeks prior to termination of employment is the number for the workers on the basis of the agreement to multiply force weekly working hours and the product by the number for the other workers ' Operation to divide existing regular weekly working hours. Fall from 40 years of age both periods of employment with collective agreement or statutory normal working time as well as periods of employment with contractually agreed shorter working time or actually a long time, is to attract the average hours resulting from the ratio of the periods of employment to the sum of the periods of employment as the number of hours for the calculation of the bridging allowance. More than 520 weeks of employment from the age of 40 are age, those employment weeks with the highest weekly working hours are for the calculation to be used."

15 § 13l (3) is added to the following set:

"The entitlement to the bridging allowance ends with the death of the employee."

16. in article 13, l para 4 is the phrase "monthly afterwards on the first of the following month by the holiday - und Abfertigungskasse to pay"on 5th of the month by the holiday - und Abfertigungskasse to disburse."by the word order; the payment date on a Saturday, Sunday, or legal holiday, falls the bridging allowance is so timely through the holiday - und Abfertigungskasse to instruct that it is where the workers available these days preceding business day."replaced.

17 paragraph 13 l paragraph 7:

"(7) the reference of the bridging allowance rests



1 in calendar months where the workers employed to an establishment covered by this federal law stands, 2 calendar months in which income from other employment is achieved, exceeding the applicable de minimis limit pursuant to § 5 para 2 ASVG in the currently valid version, 3. during the period involved for a holiday compensation pursuant to section 9 or a holiday compensation in accordance with § 10."

18 paragraph 13 l paragraph 8:

"(8) the bridging allowance is a payment from an employment relationship equal to keep." For workers, on which to apply the provisions of section III before the bridging allowance were, are to apply these provisions for the duration of the cover of bridging allowance subject to the proviso that periods of employment within the meaning of § 13 b considered times of bridging money supplies and that for the calculation of the monthly charges within the meaning of section 13d, paragraph 2 collective wage increases into account are during this process by bridging allowance. For workers, that the provisions of section VIa were to apply before the bridging allowance, continue to apply these provisions for the duration of the cover of bridging allowance. During the period of the bridging allowance shall be paid premiums or contributions for the clearance of the holiday - und Abfertigungskasse. In terms of the provisions of the tax law and the operational staff and self-employed persons Pension Act - BMSVG, BGBl. I no. 100/2002 is the bridging allowance payment, unless there for the bridging allowance otherwise regulated. The vacation and severance Fund has to pay the wage statutory deductions attributable to the bridging allowance, where the income tax to the tax office responsible for the holidays - und Abfertigungskasse to dissipate is."


19 in § 13m para 1 last sentence, the phrase is "on request".

20. in § 13m para 2 second sentence, deleted the phrase "and is due at the time of the retirement pension of the employee".

21 § 13 para 2 is as follows:

"(2) the application for granting a bridging payment for failure to use bridging allowance referred to in article 13 can be made m by the employee or by the employer only within six months after commencement of the retirement pension (old-age, corridor - or heavy work pension) of the employee. The employee is the fulfilment of the conditions for its cover of the employer to prove the employment of such employee. Only one of them makes an application, the vacation and severance Fund each other, regardless of a submission to grant the rightful claim to override compensation."

22 paragraph 13o:

"§ 13o. (1) the employer has to pay a surcharge to pay to meet the expenditure for the bridging allowance including pro-rata administrative costs times of the holiday except for each worker for all employment weeks. This is the 1.5 times of the averaged hourly wage for a calendar week (week of employment). The agreed weekly working time in the average is less than the statutory normal working time or a shorter normal working time (part-time work), defined by standards of collective legal design so the 1.5 times of the averaged hourly wage by the number is for the workers on the basis of the agreement to multiply current weekly work hours and dividing the product by the number of regular weekly working hours applicable to the other workers of the company.

(2) the surcharge shall be paid provided that they employ a worker within the meaning of § 33d para 2 also by employers headquartered outside of Austria. Such an employer does not fulfil this obligation, article 33 shall apply h paragraph 2, 2a and 3. The rest apply the articles 22 para 2a, paragraph 4 to 6, 23, 23a, 23B par. of 2 and 3, 25 para 1, 1B and 2.

(3) the surcharge can be set at the joint request of the relevant collective agreement enabled bodies by regulation of the Federal Minister for labour, Social Affairs and consumer protection in a modified height, that the sum of the inputs to surcharges the spent of the holiday - und Abfertigungskasse the area bridging allowance including administrative expenses can be covered and in addition reserves equal to half of the annual payouts for the area can be built."

23. the heading to § 19 is as follows:

"Conduct"

24. under article 19, paragraph 2, the following paragraph 2a is inserted:

"(2a) the estimates, as well as the accounts have the principles of unity, to satisfy completeness and clarity. You have to give a complete picture of profitability. The accounts in the fields holiday and severance have also a complete picture of the assets."

25 § 19 para 5 is added the following paragraph 6:

"(6) for extraordinary income arising from the decline in holiday charges, holidays severance pay and holiday compensation (§ 11), a reserve for cases of hardship resulting from the implementation of this federal law can be made."

26. in article 25, paragraph 1, a comma and the word sequence "The holiday compensation, of the bridging allowance or compensation for bridging" is inserted after the word "Severance" b.

27 § 25a paragraph 7 last sentence reads:

"§ 25 para 2 to 8 shall apply mutatis mutandis."

28. in article 31, paragraph 4, the phrase is in the last sentence after the word "Post exam" "as well as the labour market service for the purpose of assessing the existence of claims pursuant to the unemployment insurance Act 1977 - AlVG, Federal Law Gazette No. 609/1977" inserted.

29 paragraph 40 paragraph 26:

(26) that are no. 68/2014 I orders of the Federal Act Federal Law Gazette so as to understand that they refer to that version of this federal law I no. 137/2013 would it received through the Federal Act Federal Law Gazette.  As amended by the Federal Act, Federal Law Gazette I no. 137/2013, come into force:



1. § 9 para 4 and § 24 No. 4 with 1 July 2014;

2. § 5 lit. b, § 21a 2 and § 9 para 3 with 1 November 2014;

3. section 7 para 2 and 6, § 8 par. 2, article 10, paragraph 1 and 1a, § 11, section 13j para 2, § 24 Z 5 and section 33f para 2 with 1 January 2015; Article 7, par. 5 and 5a override happening."

30 section 40 28 the following paragraph is added:

"(28) article 2, paragraph 1 and 3, Article 4a, paragraph 1 and 2, section 8 paragraph 7, article 9, paragraph 1, 2, 5 and 6, section 13a, paragraph 1 and 1a, sec. 13c para 5, § 13 l 1 to 4, 7 and 8, § 13m para 1 and 2, 13 para 2, § 13o, the heading of § 19, § 19 para 2a and 6, § 25 para 1 b, section 25a paragraph 7" , Section 31, paragraph 4 and article 40 paragraph 26 as amended by Federal Law Gazette I no. 68/2014 with 1 July 2014 into force. The employment relationship ends during the period from 1 July 2014 and 31 October 2014 the application on holiday compensation can be introduced anyway, until 5 November 2014 at the holiday - und Abfertigungskasse. The allocation of the vacation compensation has through the holiday - und Abfertigungskasse to 10 November 2014; social security starts ASVG by way of derogation from article 11, paragraph 2 1 November 2014. The additional fee in accordance with section 13o is the 0,8fache of the averaged hourly wage in 2014 for a calendar week (week of employment)"

Article 2

Amendment to the construction workers bad weather Compensation Act 1957

The construction workers-bad weather Compensation Act 1957 (BSchEG), Federal Law Gazette No. 129/1957, amended by Federal Law Gazette I no. 117/2012, is amended as follows:

1 paragraph 4 section 3:

"(3) a bad weather compensation claim in the period from 1 November to 30 April (winter period) for no more than 200, and in the period from 1 May to 31 October (summer period) for a maximum of 120 dropout working hours. The hours taken by an employee during the summer period for compensation under par. 1 of the maximum duration of 120 dropouts working hours not can be used in the subsequent winter period for the award of bad weather compensation."

2. in article 4 the previous paragraphs (4) accounts for up to (7) and the previous paragraph (8) receives the sales designation (4); in the new paragraph 4 is the expression "paragraph 3 to 7, article 6 par. 3 and 4," by the expression "para 3, § 6 section 3," replaced.

The following sentence is added to 3. § 5, paragraph 3:

"For bad weather compensation, granted the maximum extent according to § 4 para 3 is not entitled to a refund in accordance with article 8."

4. in the section 6, paragraph 1 of the parenthetical expression "(§ 4 Abs. 8) is" by the parenthetical expression "(§ 4 Abs. 4)" replaced.

5. in the section 10 paragraph 1 the phrase is inserted in the first sentence after the expression "Holiday - und Abfertigungskasse", "within three months after the end of the billing cycle".

6. in the section 12 paragraph 4 replaced the quote "section 4 para 8" by the quote "section 4 para 4".

7 10 the following paragraph is added to in article 19:

"(10) I will take no. 68/2014 §4, article 5, para. 3, article 6, paragraph 1, article 10, paragraph 1 and section 12 paragraph 4 as amended by Federal Law Gazette 1 November 2014 effect."

Article 3

Change of the General Social Security Act

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1 in § 10 paragraph 5 first sentence is the expression "and 5".

2. in section 10, b after paragraph 5a, the following paragraph 5 is inserted:

"(5B) compulsory insurance in § 8 par. 1 Z 5 designated persons begins with the tag from which, the bridging allowance is due to."

3. in section 11 paragraph 2, the following sentence is preceded the last sentence:

"Holiday compensation paid out after the construction workers leave and severance Act, so those Gebietskrankenkasse is jurisdiction for insurance, which was responsible for the last Bauarbeiter Urlaubs - and employment subject to severance Act."

4. in paragraph 12, b after paragraph 4a the following paragraph 4 is inserted:

"(4B) compulsory insurance in § 10 paragraph 5 b designated persons ends with the disappearance of the bridging allowance."

5. in paragraph 13, second sentence is the expression "section 8 para 1 subpara 2 lit. a to g"by the expression"section 8 para 1 subpara 2 lit. a to g and Z 5 "replaced.

6. in article 30, after paragraph 4, the following paragraph 4a is inserted:

"(4a) for the according to § 8 ABS. 1 Z 5 obligatory recipients of a bridging allowance is that Gebietskrankenkasse jurisdiction, the employment ratio for the last subject Bauarbeiter-Urlaubs - und severance Act was responsible."

7. According to § 684 685 the following section including headline is added:

"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 68/2014"

sec. 685. 4B, 13 and 30 paragraph 4a amended the bun code Federal Law Gazette I no. 68/2014 will take the §§ 10, sect. 5 and 5b, 11 paragraph of 2, 12 para 1 July 2014 effect."

Article 4

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. 40/2014, is amended as follows:

1 § 1 para 2 lit. b is as follows:



"(b) employees, which are available in a public employment relationship to the Federal Government, a country, a community association or a community and a company managed by these authorities, such a company, institution, Foundation or such a Fund unless it pursuant to § 5 para 1 No. 3, 3a lit. b, 3b lit. b, 4 and 12 of the General Social Insurance Act the insurance according to section 4 of the General Social Insurance Act are excluded;"

2. § 16 par. 1 lit. l is as follows:



"(l) of the period for which no. 414/1972, in its up-to-date version, there is entitlement to a compensation (compensation, severance) for holiday pay according to the Holidays Act, BGBl. No. 390/1976, in the current version, or a holiday compensation after the construction workers leave and severance Act (BUAG), Federal Law Gazette or a holiday compensation after the BUAG, granted on the basis of paragraph 4," 3. § 16 para 4 is :

"(4) is entitled to a compensation (compensation, severance) for holiday pay (holiday compensation) at the termination of the employment relationship, the Ruhenszeitraum begins with the end of claim employment, is also entitled to compensation with the end of the period, deserves for the compensation. Entitlement to a compensation (compensation, severance) for holiday pay (holiday compensation) is controversial or not paid a compensation (compensation, severance) for holiday pay (holiday compensation) for other reasons (E.g. bankruptcy of their employer), paragraph 2 shall apply by analogy to. Is, however, a vacation indemnity granted to the BUAG, the Ruhenszeitraum starts with the eighth day following the payable position through the vacation and severance Fund. Claims to parts of the day remain always disregarded."

4. paragraph 18 para 3:

"(3) in determining the period you are lit in the § 14 para 4. a, d, to e and f-run employment and insurance periods."

5. in the section 23 para 6, first sentence, is according to the expression "a claim of the unemployed on a performance referred to in paragraph 1 Z 1 or par. 1 Z 2" inserted the term "or rehabilitation allowance".

6. in article 23 paragraph 8, the expression "or rehabilitation allowance" is added after the expression "a performance referred to in paragraph 1".

7. in the section 30, paragraph 1 and article 31 paragraph 1 each of the expression "or a waiver against loss of earnings" is inserted after the expression "Reduction of normal working time".

8. in section 79 will be added following paragraph 140 to 143:

"(140) § 1 para 2 lit. (b) in the version of Federal Law Gazette I 68/2014 enters no. retroactively with force, January 1, 1999.

(141) I will take no. 68/2014 § 23 para 6 and 8, article 30, paragraph 1, article 31, paragraph 1, article 81 and section 83 as amended by Federal Law Gazette retroactively 1 January 2014 effect.

(142) article 16 paragraph 1 lit. I 68/2014 will take no. l, para 4, § 81 paragraph 13 as amended by Federal Law Gazette 1 July 2014 effect.

(143) § 18 para 3 as amended by Federal Law Gazette I no. 68/2014 effective with January 1, 2015."

9 § 81 is added to the previous paragraph 12 of section 83 and 13 the following paragraph:

"(13) for persons whose employment relationship ends during the period from 1 July 2014 to 31 October 2014, and where a holiday compensation is paid through the holidays and request until 5 November 2014 tabled Abfertigungskasse to one begins by way of derogation from section 16, paragraph 4, of Ruhenszeitraum 1 November 2014."

Fischer

Faymann