12 regulation of the Federal Minister of economy, family and youth about rules for the sector of electrical engineering
On the basis of § 69 para 2 of the GewO 1994, Federal Law Gazette I no 194/1994, as last amended by the Federal Act, Federal Law Gazette I no. 125/2013, and the by-laws, Federal Law Gazette I no. is 202/2013, in agreement with the Federal Minister of labour, Social Affairs and consumer protection prescribed:
Scope of application
§ 1. This Regulation shall apply to
1 trader, the the electrical engineering industry (§ 94 Z 16 GewO 1994) in restricted or full extent exercise and 2. traders, which exert a part of industry, which comes from the trade of electrical engineers.
§ 2. The trader referred to in paragraph 1 shall have their work conscientiously with the care of an ordinary entrepreneur and after the recognised rules of technology to pursue. You are obliged to refrain from any stand-adverse behaviour.
§ 3 Standeswidrig is a behavior in business transactions with the clients, to harm a behavior of to other professionals or other behavior that is liable to affect the reputation of the profession or common interests of the profession.
§ 4. The trader referred to in § 1 behave in business transactions with clients especially then still illegal, if they
1 intentionally incorrect or misleading information about the own business and economic conditions, in particular about their own performance or price collusion with other bidders meet 2 or offers give 3, which aimed, the principal gross disadvantage the customer about the ratio of price to performance to deceive or 4th or grossly unilaterally pass the business risk to the customer or designating a person as a Director make 5. , which they had to know or due diligence of an ordinary entrepreneur that they referred to section 39 GewO 1994 prescribed conditions are not met or do not comply the contractually assumed obligation of secrecy imposed on them in relation to their profession by their principal, with 6 or 7 in the course of an expert create findings and opinion not according to our best knowledge and conscience, not impartial or not according to the rules of the art or 8 the statutory provisions, in particular of the Arbeitnehmerlnnenschutzgesetzes , electrical engineering law, electrical Regulation (electrical safety regulations and rules on normalization and typing-SNT rules), the electrical safety regulation, the rules of engineering published by Österreichischer Verband für Elektrotechnik - OVE and not comply with ÖNORM or the relevant contract standards of home automation or 9 the payment of levies, contributions and surcharges at public corporations, in particular relating to implementation and start-up, are delinquent for more than 2 years or statutory provisions for the prevention of wage and social dumping and collective agreement and labour regulations do not comply with 10.
§ 5. The trader referred to in § 1 behave compared to other professionals or other professionals in particular then still illegal, if they
1. a person who is authorised, hire after the outer appearance as an independent with the execution of works, deal with the contractor for the true substance of circumstances but as an employee or reduce 2. other professionals or other professionals or their performance in emotionally way or grossly inadequate tender documents create 3. intentionally or through gross negligence as a planner or general contractor at the expense of the contractor or subcontractor to the independent exercise of the activity in question or 4 services in conscious disregard of the Principles of economical and responsible corporate management or provide without justified reasons below the cost of the contractor.
§ 6. The trader referred to in § 1 behave also contrary to stand, if they ignore the the following obligations:
1. the trader, which exert a part of industry, which comes from the trade of electrical engineering, or got a commercial permission with a restricted extent granted, must lead the limited scope of their industry in business transactions.
2. the trader are obliged to maintain confidentiality of all facts known to them in the context of the exercise of their profession. You have to commit its employees to this secrecy. The obligation of secrecy shall not apply to civil and criminal courts and administrative authorities.
3. the trader have to keep their expert knowledge and that their staff always up to date and then align their profession.
4. the trader have to comply with the statutory safety requirements, to demonstrate a minimum level of equipment. The minimum standard is listed in the annex.
Entry into force
§ 7. This Regulation shall enter into force the first month following the announcement.