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...

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68. Federal Law, with which the Construction Workers ' Holiday and Abortion Act, the Construction Workers-Bad Weather-Compensation Act 1957, the General Social Security Act and the Unemployment Insurance Act 1977 will be amended

The National Council has decided:

Article 1

Change of construction worker-Vacations and Departure Act-BUAG

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 46/2014, shall be amended as follows:

1. The rate of introduction in § 2 para. 1 reads as follows:

"(1) For the subject areas holidays and bridging allowances are enterprises (enterprises) within the meaning of § 1:"

2. In § 2 para. 3, after the quote " 1, " the citation "1a," inserted.

The first sentence of Article 4a (1) reads as follows:

" By way of derogation from § 4 (1), the right to leave the employee for periods of employment which, at the time of their claim to the holiday and a terminal, or other determination by the holiday and terminal office shall be entitled has been less than eight full award periods, only in so far as the employer is paying the allowances due to pay for it. "

4. § 4a (2) reads:

" (2) By way of derogation from Article 4 (2), the right to a worker's entitlement to employment shall be established for periods of employment which, at the time of its assertion, shall be paid to the holiday and to the terminal or to any other determination by the holiday and The terminal shall be paid for more than eight full periods of award, only in so far as the employer is paying the surcharges on the payroll. "

5. § 8 (7) reads:

" (7) If the employee has been on leave before the end of the employment relationship and has not yet been submitted for payment of the corresponding holiday pay, the employer shall immediately, at the end of the employment relationship, have the following To submit a submission. The employer shall immediately pay back, on the extent of the leave of leave and the terminal not being used by the employee, the amount of the holiday paid by the worker upon termination of the employment relationship, provided that the worker is in the service of the employer during the period of the Employment relationship has not, or has only consumed, a part of the holiday. "

6. § 9 (1) and (2) reads as follows:

" (1) If the employee has an outstanding holiday entitlement at the end of the employment relationship, the employee must, on request, be entitled to a holiday allowance as a compensation for the non-used holiday days. The holiday allowance is due in the amount of the holiday pay (§ 8), which corresponds to the duration of the golden holiday.

(2) The application for a holiday benefit is to be submitted by the employee immediately after termination of the employment relationship with the holiday and terminal office; in the application, the employee must indicate how many of the unspent holiday days to be gold-plated. "

7. § 9 (5) reads:

" (5) The holiday and a terminal shall have the net amount of the holiday allowance to the employee for the holidays on the 10 calendar month of each calendar month, respectively. of the following month. "

8. § 9 (5), the following paragraph 6 is added:

"(6) The pay-as-you-go payment has to pay the fee-dependent statutory charges payable on the rate of holiday, whereby the payroll tax is to be deducted from the tax office responsible for the holiday and the terminal."

9. Section 13a (1) Z 6 shall be followed after the order of the word "to be applied" the phrase "and he does not refer to a bridging allowance in accordance with § 13l during this period" .

Section 13a (1a) reads as follows:

"(1a) The employee shall be entitled to the handling when fulfilling the conditions set out in § § 13b and 13c, even when a retirement pension is used following the receipt of bridging money."

11. § 13c (5) the following sentence is added:

"The same shall apply if the employment relationship ends on account of the use of the bridging allowance by dismissal on the part of the employee or by agreement between the employer and the employee."

12. § 13l (1) reads:

" (1) Workers shall have completed the 58. Life-year, provided that they are no longer in employment relationship and, following the receipt of bridging allowance, are entitled to an age pension (age, corridor or heavy-duty employment), a one-off entitlement to a bridging allowance. Available from:

1.

at least 520 employment weeks after the completion of the 40. Life-year in an employment relationship, this federal law as well as the insurance obligation under the General Social Insurance Act, BGBl. No. 189/1955-ASVG, and

2.

at least 30 weeks of employment in such an employment relationship over the last two years prior to the use of the bridging allowance.

This also applies to employees within the meaning of section 33d (2). "

13. § 13l (2) reads:

" (2) The monthly amount of the bridging allowance is 169 ,5-times the collective contractual hourly wage, which results from the predominant ranking of the employee in the last 52 weeks before the end of the employment relationship. Collective contractual wage increases must be taken into account. This also applies to the period of the payment of bridging money. In the absence of a collective contractual arrangement of the hourly wage, the hourly wage agreed in the last employment relationship and reported to the holiday and departure terminal (section 21a (3) of the last sentence) shall be considered as the basis for calculation. "

14. In § 13l, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the case of workers whose agreed weekly working time is due to the completion of the 40. It is 169 ,5-times the collective contractual hourly wage, which has fallen below the statutory normal working time or a shorter normal working time established by standards of collective redress (part-time work). the predominant classification of the worker in the last 52 weeks before the end of the employment relationship shall be multiplied by the number of weekly working hours applicable to the worker on the basis of the agreement, and the Product due to the number of employees of the company to divide regular weekly working hours. Fall from the 40. In the case of employment periods with collective or statutory normal working hours, as well as periods of employment with a contractually agreed shorter working time, or in fact longer working hours, the number of hours for which the Calculation of the bridging allowance to attract the average number of hours resulting from the ratio of the respective periods of employment to the sum of the periods of employment. More than 520 employment weeks from the age of 40. The period of employment shall be used for the calculation of those weeks of employment with the highest weekly working time. "

15. § 13l (3) the following sentence is added:

"With the death of the employee, the right to bridge benefit ends."

16. In § 13l (4), the phrase " in each case on 5. of the calendar month by the holiday and drop-off terminal. " through the phrase " to be paid monthly in retrospect on the first of the following month by the holiday and terminal; if the date of payment falls on a Saturday, Sunday or public holiday, the bridging allowance is so timely by the holidays-and A terminal to be paid shall be available to the worker on the working day preceding these days. " replaced.

17. § 13l (7) reads:

" (7) The receipt of bridging money rests

1.

in calendar months in which the employee is in an employment relationship with a holding subject to that federal law,

2.

in calendar months, in which an income from another activity is obtained, which exceeds the applicable de minimis limit in accordance with Article 5 (2) of the ASVG, as amended in each case,

3.

during the period for which a holiday allowance according to § 9 or a holiday settlement according to § 10 is referred to. "

18. § 13l (8) reads:

" (8) The bridging allowance shall be equal to a remuneration from an employment relationship. In the case of workers to which the provisions of Section III were to be applied prior to the bridging allowance, those provisions shall also apply for the duration of the receipt of bridging allowances, subject to the condition that the periods of time of the The term "bridging money" shall be deemed to be periods of employment within the meaning of § 13b and that collective wage increases shall be taken into consideration for the calculation of monthly charges within the meaning of § 13d (2) of the collective wage increase during the reference of bridging allowances. For workers to which the provisions of Section VIa were to be applied prior to the bridging allowance, those provisions shall continue to apply for the duration of the receipt of bridging allowances. During the cover of the bridging allowance, the surcharges or contributions for the check-in are to be paid by the holiday and check-in box office. With regard to the regulations of the tax law and the company employee and self-employment law-BMSVG, BGBl. I n ° 100/2002 is the bridging allowance, provided that nothing else is regulated there for the bridging allowance. The pay-as-you-go payment has to pay the wage-dependent statutory charges on the bridging allowance, whereby the payroll tax is to be deducted from the tax office responsible for the holiday and terminal office. "

19. In § 13m (1), last sentence, the word order is deleted "on request" .

20. In § 13m (2), second sentence, the word order is deleted "and shall be due in the event of the employee's retirement age" .

21. § 13n para. 2 reads:

" (2) The application for a bridging settlement in the event of non-use of bridging allowance pursuant to § 13m can only be made by the employee or by the employer within six months of the start of the retirement pension (age, corridor or The worker shall be responsible for the work of the worker. The employee has to prove the fulfilment of the conditions for his or her employer to prove the employment of such a worker. If only one of the two requests is submitted, the holiday and terminal box shall grant the other person the right to bridge the gap which is due to him, irrespective of the application. "

22. § 13o reads:

" § 13o. (1) The employer shall pay for each worker for all periods of employment, except in the periods of leave, a supplement to pay the expenses for the bridging allowance, including the pro rata administrative costs. This amounts to 1.5 times the collective hourly wage for one calendar week (Employment Week). If, on average, the agreed weekly working time falls short of the statutory normal working time or a shorter normal working time (part-time work) established by standards of collective redress, 1.5 times the To multiply collective contractual hourly earnings by the number of weekly working hours applicable to the employee on the basis of the agreement, and the product by the number of the other employees of the holding to divide regular weekly working hours.

(2) The surcharge shall also be payable by employers established outside Austria, provided that they employ an employee within the meaning of section 33d (2). If such an employer does not comply with this obligation, Section 33h (2), (2a) and (3) shall apply. In addition, § § 22 (2a), (4) to (6), (23), (23), (2) and (3), (1), (1), (1) and (2) apply.

(3) The surcharge may be fixed at the joint request of the competent collective contractual bodies by regulation of the Federal Minister of Labour, Social Affairs and Consumer Protection at an amended level such that the sum of the Inputs to surcharges of the expenditure of the holiday and drop-off terminal for the substantive area bridging money including the administrative expenses can be covered and, in addition, financial reserves equal to half of the annual disbursements for the subject area. "

23. The heading to § 19 reads:

"Gebarung"

24. According to Article 19 (2), the following paragraph 2a is inserted:

" (2a) The estimate and the closure of the accounts shall be in accordance with the principles of unity, completeness and clarity. You have the fullest possible picture of the earnings situation. In addition, the financial statements in the fields of holidays and handling shall also represent as complete an image as possible of the financial situation. "

Section 19 (5) is added to the following paragraph 6:

"(6) Extraordinary proceeds resulting from the decline of holiday charges, holiday severance payments and holiday-related benefits (§ 11) may constitute a reserve for cases of hardship arising from the application of this Federal Law."

26. In Section 25 (1b), after the word "Severance" a dash and the phrase " the holiday rate performance, the bridging allowance or Bridging the gap " inserted.

27. § 25a, para. 7, last sentence reads:

"§ 25 (2) to (8) shall apply mutatily."

28. In § 31 (4), in the last sentence, after the word "Contribution examination" the phrase "as well as the labour market service for the purpose of assessing the requirements of the unemployment insurance law 1977-AlVG, BGBl No. 609/1977" inserted.

29. § 40 (26) reads:

" (26) The orders of the Federal Law BGBl. I n ° 68/2014 are to be understood in such a way that they refer to the version of this Federal Law, which it is subject to by the Federal Law BGBl. I No 137/2013 would be obtained. In the version of the Federal Law, BGBl. I No 137/2013, enter into force:

1.

§ 9 para. 4 and § 24 Z 4 with 1 July 2014;

2.

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

3.

§ 7 (2) and (6), § 8 (2), § 10 (1) and (1a), § 11, § 13j (2), § 24 Z 5 and § 33f (2) with 1. January 2015; at the same time, Section 7 (5) and (5a) shall be repeal. "

The following paragraph 28 is added to § 40:

" (28) § 2 (1) and (3), § 4a (1) and (2), § 8 (7), § 9 (1), (2), (5) and (6), § 13a (1) and (1a), § 13c (5), § 13l (1) to (4), (7) and (8), § 13m (1) and (2), 13n (2), § 13o, the title of Section 19, Section 19 (2a) and (6), Section 25 (1b), Article 25a (7), and (7), Section 31 (4) and section 40 (26) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 68/2014 will enter into force on 1 July 2014. Ends the employment relationship in the period from 1 July 2014 to 31. In any case, the application for a holiday allowance can be submitted at the holiday and terminal box office until 5 November 2014. The payment of the holiday allowance shall be made by the holiday and terminal box office with 10 November 2014; the social security insurance shall begin by way of derogation from § 11 paragraph 2 of the ASVG with 1 November 2014. The surcharge in accordance with § 13o amounts to 0.8 times the collective contractual hourly wage in 2014 for a calendar week (employment week). "

Article 2

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

The Construction Worker-Bad Weather Compensation Act 1957 (BSchEG), BGBl. No 129/1957, as last amended by the Federal Law BGBl. I No 117/2012, shall be amended as follows:

1. § 4 (3) reads:

" (3) A right to bad weather compensation shall be in the period from 1 November to 30 April (winter period) for a maximum of 200 and in the period from 1 May to 31. October (summer period) for a maximum of 120 working hours. The hours not used by a worker in the summer period for compensation in accordance with paragraph 1 of the maximum amount of 120 working hours may be granted in the following winter period for the granting of a Bad weather compensation is used. "

2. In § 4, the previous paragraphs "(4)" to "(7)" and the previous paragraph "(8)" receives the sales designation "(4)" ; in the new paragraph 4, the expression: "(3) to (7), section 6 (3) and (4)," by the expression " 3, § 6 para. 3, " replaced.

3. The following sentence is added to Article 5 (3):

"For bad weather compensation granted beyond the maximum amount according to § 4 (3), there is no right to a refund in accordance with § 8."

4. In § 6 (1), the parenthesis shall be "(Section 4 (8))" by the parenthesis expression "(Section 4 (4))" replaced.

5. In § 10 (1), in the first sentence, after the expression: "holiday and terminal box" the phrase "within three months of the end of the billing period" inserted.

6. In § 12 para. 4, the quote shall be "§ 4 (8)" by quoting "§ 4 (4)" replaced.

7. The following paragraph 10 is added to § 19:

" (10) § 4, § 5 para. 3, § 6 para. 1, § 10 para. 1 and § 12 para. 4 in the version of the Federal Law BGBl. I n ° 68/2014 will enter into force on 1 November 2014. "

Article 3

Amendment of the General Social Insurance Act

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 32/2014, shall be amended as follows:

1. In § 10 (5), first sentence, the term " "and 5" .

2. In § 10, the following subsection (5b) is inserted:

"(5b) The compulsory insurance of the persons referred to in § 8 (1) Z 5 shall begin with the day from which the bridging allowance is due."

(3) In § 11 (2), the last sentence shall be preceded by the following sentence:

" If a holiday allowance is paid out according to the construction worker's holiday and handling act, then the insurance company responsible for the insurance is the territorial health insurance company which is subject to the last of the construction workers ' holiday and the manufacturing law. employment relationship. "

(4) In § 12, the following paragraph (4b) is inserted:

"(4b) The compulsory insurance of the persons referred to in § 10 (5b) shall end with the omission of the bridging allowance."

5. In § 13, second sentence, the expression " § 8 para. 1 Z 2 lit. a to g " by the expression " § 8 para. 1 Z 2 lit. a to g and Z 5 " replaced.

(6) In § 30, the following paragraph (4a) is inserted:

" (4a) In the case of persons who are insured pursuant to § 8 (1) (5) of a bridging allowance, the area sickness fund is responsible for the local employment relationship, which is subject to the last law on the construction worker's holiday and to be paid for by the construction workers and the law on the removal of the contract. that it was responsible. "

7. In accordance with § 684, the following § 685 shall be added together with the heading:

" Final determination on Art. 3 of the Federal Law BGBl. I n ° 68/2014

§ 685. § § 10 para. 5 and 5b, 11 para. 2, 12 para. 4b, 13 and 30 para. 4a in the version of the Bun-desgesetz BGBl. I n ° 68/2014 will enter into force on 1 July 2014. "

Article 4

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977-AlVG, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. § 1 para. 2 lit. b is:

" (b)

Employees who are in a public service relationship with the federal government, a country, a community association or a community, as well as an establishment managed by these entities, such a company, institution, foundation or any other such funds, provided that they are exempt from full insurance under Section 4 of the General Social Insurance Act, in accordance with Section 5 (1) (3) (b) (b) (b) (b) (b), (b), (4) and (12) of the General Social Insurance Act; "

2. § 16 para. 1 lit. l is:

" l)

of the period of time, for the right to compensation (compensation, compensation) for holiday pay according to the holiday law, BGBl. No 390/1976, as amended, or a holiday allowance under the Construction Workers ' Holiday and Abortion Act (BUAG), BGBl. No 414/1972, as amended, or a holiday settlement is granted under the BUAG, in accordance with the provisions of paragraph 4 above, "

Section 16 (4) reads as follows:

" (4) If there is a right to a replacement (compensation, compensation) for holiday pay (holiday allowance) at the time of the termination of the employment relationship, the period of rest begins with the end of the qualifying period. Employment relationship, however, is also entitled to compensation for dismissal with the end of the period, for which compensation for termination is due. Is the right to compensation (compensation, severance pay) for holiday pay (holiday rate benefit) disputed or a replacement (compensation, compensation) for holiday fee (holiday rate benefit) for other reasons (e.g. bankruptce) of the employer) is not to be paid, paragraph 2 shall apply mutatily. If, on the other hand, a holiday settlement is granted in accordance with the BUAG, the period of rest begins with the eighth day following the payment order by the holiday and payment terminal. Claims on parts of the Tagesteep are always out of consideration. "

4. § 18 (3) reads:

"(3) In determining the reference period, the periods of employment and insurance referred to in Article 14 (4) (a), (d), (e) and (f) shall be taken into account."

5. In § 23 (6), first sentence, after the expression " a claim by the unemployed person to a performance in accordance with paragraph 1 (1) (1) (1) or (1) ( the expression "or on rehabilitation money" inserted.

6. In § 23 (8), after the expression "a performance in accordance with paragraph 1" the expression "or rehabilitation money" inserted.

7. In § 30 (1) and § 31 (1) (1), after the expression "Reduction of normal working time" each expression "or an exemption against the deprivation of the pay" inserted.

8. The following paragraphs 140 to 143 are added to § 79:

" (140) § 1 para. 2 lit. b in the version of the Federal Law BGBl. I n ° 68/2014 is retroactive with 1. Jänner 1999 in force.

(141) § 23 (6) and (8), § 30 (1), § 31 (1), § 81 and § 83 in the version of the Federal Law BGBl. I n ° 68/2014 are retroactive with 1. Jänner 2014 in force.

(142) § 16 (1) (lit). l and section 4 as well as section 81 (13) in the version of the Federal Law BGBl. I n ° 68/2014 will enter into force on 1 July 2014.

(143) § 18 (3) in the version of the Federal Law BGBl. I n ° 68/2014 comes with 1. Jänner 2015 in force. "

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

" (13) For persons whose employment relationship in the period from 1 July 2014 to 31. By way of derogation from § 16 (4) of the period of rest, October 1, 2014, end of the period of rest will begin on 1 November 2014, and the holiday and terminal office will be paid a holiday allowance for a period of 5 November 2014. "

Fischer

Faymann