Amendment To The Federal Staff Representation Act

Original Language Title: Änderung des Bundes-Personalvertretungsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_58/BGBLA_2014_I_58.html

58. Federal law that modifies the Federal staff representation Act

The National Council has decided:

The Federal staff representation Act, Federal Law Gazette No. 133/1967, amended by Federal Law Gazette I no. 210/2013, is amended as follows:

1. in article 11 par. 1 Z 8 is the phrase "Federal Ministry for economy, family and youth, namely" is replaced by the phrase "Federal Ministry for science, research and industry in the Affairs of the economy of two, namely one".

2. in the section 13, paragraph 1, the expression "Federal Ministry for education, arts and culture" with the expression "Federal Ministry of education and women" is replaced in the introduction Z 3.

3. in article 13 para 1 No. 3 lit. c replaced the phrase "Federal teachers or federal teacher" by the word "School teachers".

4. in article 13 para 1 No. 3 lit. d the expression "Federal Ministry for education, arts and culture" is replaced with the expression "Federal Ministry of education and women" and the phrase "higher education Act 2005 using at pedagogical universities and institutions in accordance with § 4 Federal teachers or federal teacher" by the phrase '2005 used at pedagogical universities and institutions pursuant to section 4 of the Act on HEIs College teachers' and deleted the phrase "as well as civil servants or officials of the federal museums and the Austrian National Library".

5. § 13 par. 1 Z 4 is:



"(4. beidem Bundesministerium für Wissenschaft, Forschung und Wirtschaft drei, und zwar je einer für a) the teachers and university teachers of the offices of the universities, b) the staff in matters of science and research, on the corresponding subordinate offices and the scientific institutions, officials of the offices of the universities with the exception of teachers and university teachers, c) the staff in matters of the economy and the associated coordinate and subordinate departments and offices" "," 6 § 13 para 1 No. 6 is eliminated. The former No. 7 receives the numeric designation "6.".

7. in the section 13, paragraph 2, the expression is according to the expression of "Supreme Court" ", at the Federal Ministry for family and youth" added.

8. in the section 15 para. 5, the expression "19 years" is replaced by the expression "age of 15" Z 1.

9. in article 15, paragraph 5a is the quote "section 6c" by the quote "section 6c para 1" replaced.

10 in § 20 para 2 penultimate sentence is replaced by the phrase "within five working days" the phrase "within six weeks".

11 the following paragraph 9 is added to section 22:

"(9) or the Chairman of the Staff Committee can replace the decision-making process by obtaining the consent of the other members in the circular resolution. Unanimity of votes, as well as the existence of a justified decision proposal of or of the Chairperson is required for decisions in the circular resolution. The approval may be granted orally, by telephone or in any other way technically possible. "One not written consent is to capture in a file notation (§ 16 AVG)."

12. in article 35 paragraph 3 ' Federal teachers or federal teacher"is added after the phrase the word sequence"or college teachers".

13. in § 35 par. 4 Z 1 is the phrase "Federal teachers or federal teacher" by the expression "College teachers" and the expression "Federal Ministry for education, arts and culture" is replaced with the expression "Federal Ministry of education and women".

14. in § 36 para 1, the expression "Federal Ministry for education, arts and culture" is replaced by the expression "Federal Ministry of education and women".

15 in § 41 para 1 second sentence, the phrase is "a person who claims an illegality of the management" by the phrase "a person or a body of the Staff Committee, which or that the violation of her or his rights through illegal management claimed" replaced.

16. in the section 41, paragraph 4, the phrase "repeated violations of the provisions of this Federal Act" is replaced by the phrase "Violation of this Federal Act".

17. in the section 41, paragraph 7, first sentence the phrase "provisions of this Federal Act within the last year repeats" replaced with the phrase "this federal law over the past year".

17A. the following paragraph 4 is added to the section 41 c:

"(4) Verfahrensleitende arrangements and arrangements which serve only to prepare the decision meets the or the Chairman without Senate decision."

18. after section 41f, following §§ 41 g and 41 h including heading shall be inserted:

"Input to the supervisory authority

Article 41 g. Inputs to the supervisory authority are subject to any fee.

Submissions to the Federal Administrative Court

§ 41 h. Complaints and applications including the supplements to the Federal Administrative Court in staff matters under this Federal Act tariff post 6 are from the entry charges pursuant to § 14 para 5 No. 1 lit. b fees Act 1957, Federal Law Gazette No. 267/1957, in the currently valid version free."

19 § 42c with header is omitted.

20 § 42l the following section is inserted after 42 m together with the heading:

"Transitional provisions to the Act Federal Law Gazette I no. 58/2014"

Continuation of business

section 42 m. For the rest of the statutory duration of staff representative bodies 1 which remain Z 8 in the version applicable up to August 31, 2014 at the Federal Ministry for economy, family and youth in accordance with article 11, paragraph 1 established committees in its former sphere upright, 2. remains who pursuant to § 13 para 1 No. 3 lit. Scope of the Central Committee for civil servants and officials of the federal museums and the Austrian national library, established at the Federal Ministry for education, arts and culture existing d as amended by force until 31 August 2014 upright, 3. in accordance with article 13, paragraph 1 remain no. 4 in the version applicable up to August 31, 2014 at the Federal Ministry for science and research established central committees in its former sphere upright ", 4 which in accordance with article 13, paragraph 1 No. 6 in the central committees established up to August 31 2014 amended at the Federal Ministry for agriculture and forestry, environment and water management their assignments further perceive, 5 is no. 7 in the Central Committee directed up to August 31, 2014, amended at the Federal Ministry for economy, family and youth in his previous area of effect in accordance with article 13, paragraph 1 upright."

21. in paragraph 43, the word order is "Army disciplinary Act 2002 (HDG 2002), Federal Law Gazette I no. 167" by the phrase "military disciplinary Act 2014 - HDG 2014, Federal Law Gazette I no. 2/2014" replaced.

22 37 the following paragraph is added to article the 45:

"(37) article 11 par. 1 Z 8, § 13 ABS. 1 Z 3, 4 and 6, § 13 para 2, § 15 para 5 No. 1, § 15 paragraph 5a, section 20, paragraph 2, section 22, paragraph 9, § 43 and the Elimination of paragraph 42c velvet heading as amended by Federal Law Gazette I no. 58/2014, as well as the Elimination of § 13 para 1 No. 6 as amended by Federal Law Gazette I no. 210/2013 with 1 September 2014 into force."

Fischer

Faymann