Amendment To The Federal Staff Representation Act

Original Language Title: Änderung des Bundes-Personalvertretungsgesetzes

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58. Federal Act to amend the Federal Personnel Representation Act

The National Council has decided:

The Federal Personnel Representation Act, BGBl. No. 133/1967, as last amended by the Federal Law BGBl. No 210/2013, shall be amended as follows:

1. In § 11 paragraph 1 Z 8 the phrase "Federal Ministry of Economic Affairs, Family and Youth two, and indeed" through the phrase "Federal Ministry of Science, Research and Economy in the field of business affairs two, and one each" replaced.

2. In Section 13, Section 1, Z 3, the introduction of the term shall be: "Federal Ministry of Education, Arts and Culture" by the expression "Federal Ministry of Education and Women" replaced.

3. § 13 para. 1 Z 3 lit. c will be the phrase "Federal Teachers" by the word "University Teachers" replaced.

4. In § 13 paragraph 1 Z 3 lit. d is the expression "Federal Ministry of Education, Arts and Culture" by the expression "Federal Ministry of Education and Women" as well as the phrase "the federal teachers used in teacher education institutions and institutions according to § 4 of the Higher Education Act 2005" through the phrase "the university teachers used in teacher education institutions and institutions according to § 4 of the Higher Education Act 2005" replaces and eliminates the word sequence "as well as civil servants at the Federal Museums and the Austrian National Library" .

5. § 13 (1) Z 4 reads:

" 4.

at the Federal Ministry for Science, Research and Economy three, each one for

a)

the university teachers of the offices of the universities,

b)

Staff in the field of science and research matters, associated departments and scientific institutions, staff of the universities, with the exception of university teachers, and University teachers,

c)

staff in the economic affairs and associated services and downstream departments and offices, "

6. § 13 (1) (6) deleted. The previous Z 7 is given the number designation "6." .

7. In § 13 (2), after the expression "Supreme Court" the expression " , at the Federal Ministry for Families and Youth " inserted.

8. In § 15 (5) Z 1 the expression " 19. Life Year " by the expression " 15. Life Year " replaced.

9. In § 15 (5a) the quote shall be "§ 6c" by quoting "§ 6c (1)" replaced.

10. In § 20, para. 2 penultimate sentence, the word order shall be "within six weeks" through the phrase "within five working days" replaced.

(11) The following paragraph 9 is added to § 22:

" (9) The Chairman of the Board of Service may replace the decision-making by obtaining the consent of the other members in the oratory path. In order to take decisions in the oratory path, it is necessary to have a vote of votes and the existence of a reasoned decision by the chairman or the chairman. Consent may be given orally, by telephone or in any other technically possible manner. An agreement not given in writing shall be recorded in a document note (§ 16 AVG). "

12. In § 35 (3), after the word order "Federal Teachers" the phrase "or university teachers" inserted.

13. In § 35 (4) (1), the word order shall be "Federal Teachers" by the expression "University Teachers" and the expression "Federal Ministry of Education, Arts and Culture" by the expression "Federal Ministry of Education and Women" replaced.

14. In § 36 (1) the expression "Federal Ministry of Education, Arts and Culture" by the expression "Federal Ministry of Education and Women" replaced.

15. In § 41 (1), second sentence, the word order shall be "a person who maintains an unlawfulness of management" through the phrase "a person or an institution of the Staff Committee who claims the violation of their rights or their rights by unlawful management" replaced.

16. In § 41, para. 4, the word order shall be "Repeated violations of provisions of this federal law" through the phrase "Violation of this federal law" replaced.

17. In § 41 (7), first sentence, the word order shall be "Provisions of this federal law repeated within the last year" through the phrase "This federal law within the last year" replaced.

17a. The following paragraph 4 is added to § 41c:

"(4) Proceprocedural orders and orders which serve only to prepare the decision shall meet the Chairman or Chairperson without a Senate decision."

18. According to § 41f, the following § § 41g and 41h shall be inserted together with the headings:

" Inputs to the Supervisory Authority

§ 41g. Any entry to the Supervisory Authority shall not be subject to any fee.

Entries to the Federal Administrative Court

§ 41h. Complaints and applications, including supplements to the Federal Administrative Court in personnel representation matters under this Federal Act, are from the payment of the input fee in accordance with § 14 of the German Collective Bargaining Agreement 6 (5) (1) (1) (1) (1) lit. b Fees Act 1957, BGBl. No 267/1957, as amended. '

§ 42c and title shall be deleted.

20. According to § 42l, the following § 42m with headline is inserted:

" Transitional provisions on Novelle BGBl. I No 58/2014

Continuing operations

§ 42m. For the rest of the legal service life of the personnel representative bodies

1.

The technical committees set up by the Federal Ministry for Economic Affairs, Family and Youth in accordance with Section 11 (1) (8) of the Federal Republic of Germany remain in their existing range of activities in the version currently in force until 31 August 2014,

2.

shall remain the subject of Article 13 (1) (3) (3) d in the version valid until 31 August 2014 of the Central Committee for Officials and Officials at the Federal Museums and the Austrian Federal Museums, established at the Federal Ministry of Education, Arts and Culture National Library,

3.

Remain the central committees set up by the Federal Ministry of Science and Research (Federal Ministry of Science and Research) in accordance with Section 13 (1) (4) of the present version, in their current range of activities,

4.

the central committees set up by the Federal Ministry for Agriculture, Forestry, the Environment and Water Management in accordance with Section 13 (1) (6) of this Regulation shall continue to fulfil the tasks assigned to them in accordance with Section 13 (1) of the Federal Ministry of Agriculture, Forestry, Environment and Water

5.

The central committee established by the Federal Ministry for Economic Affairs, Family and Youth in accordance with § 13 (1) (7) of the German Federal Ministry for Economic Affairs and Youth shall remain in place in its current range of activities. "

21. In § 43, the phrase " Heeresdisciplargesetz 2002 (HDG 2002), BGBl. I n ° 167 " through the phrase " Heeresdisciplargesetz 2014-HDG 2014, BGBl. I N ° 2/2014 " replaced.

22. The following paragraph 37 is added to § 45:

" (37) § 11 para. 1 Z 8, § 13 para. 1 Z 3, 4 and 6, § 13 para. 2, § 15 para. 5 Z 1, § 15 para. 5a, § 20 paragraph 2, § 22 para. 9, § 43 and the abduction of § 42c with the title in the version of the Federal Law BGBl. I n ° 58/2014 as well as the abduction of § 13 paragraph 1 Z 6 in the version of the Federal Law BGBl. I n ° 210/2013 will enter into force on 1 September 2014. "

Fischer

Faymann