Rules For The Trade Of In Electrical Engineering

Original Language Title: Standesregeln für das Gewerbe der Elektrotechnik

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12. Ordination of the Federal Minister for Economic Affairs, Family and Youth on the Rules for the Business of Electrical Engineering

On the basis of § 69 (2) of the Commercial Code 1994, BGBl. I n ° 194/1994, as last amended by the Federal Law, BGBl. I No. 125/2013, and the manifestation, BGBl. I n ° 202/2013, is decreed in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection:

Scope

§ 1. This Regulation shall apply to:

1.

Traders performing electrical engineering (§ 94 Z 16 GewO 1994) in a limited or full capacity and

2.

A trader carrying out a subtrade that comes from the electrical engineering industry.

State-of-the-art behavior

§ 2. The trader referred to in § 1 shall be exercised in a conscientious manner with the care of a prudent operator and in accordance with the recognised rules of technology. They are obliged to refrain from any anti-steadying behaviour.

§ 3. Contrary to the law, conduct in the course of business transactions with the contracting authorities, conduct towards other professionals or any other conduct liable to affect the reputation of the profession or the common interests of the profession is not unlawful. To damage the profession.

§ 4. The trader referred to in § 1 shall not be able to act in business transactions with the contracting authorities, in particular if it is not

1.

Intentionally incorrect or misleading information about their own business and economic conditions, in particular about their own performance or

2.

Meet other tenderers or meet other bidders

3.

submit tenders designed to deceive the contracting authority over the price-to-performance ratio; or

4.

the contracting entity grossly or roughly unilaterally overwhelm the business risk on the client, or

5.

make a person known as the managing director, from which they have known or have had to know, in the event of the care taken by a proper entreprender, that they do not meet the requirements laid down in § 39 GewO 1994, or

6.

does not comply with the contractual obligation of confidentiality imposed on them by the contracting authority in the course of their professional practice; or

7.

in the course of a factual understanding, findings and opinions are not produced according to the best of knowledge and conscience, impartially or not in accordance with the rules of technology, or

8.

the statutory provisions, in particular the Employees ' Rights Protection Act, the Electrical Engineering Act, the Electrical Engineering Ordinance (electrotechnical safety regulations and regulations on normalization and typing-SNT provisions), the Electrical protection regulation, published by the Austrian Association of Electrical Engineering-OVE and ÖNORM or the relevant contract standards of the building technology do not comply with the regulations of the technical equipment or

9.

in the payment of relocations, contributions and surcharges to public bodies, in particular in connection with re-creation and re-creation, are lax more than 2 years, or

10.

Do not comply with legislative provisions on the prevention of wage and social dumping, as well as on collective contractual and labour law.

§ 5. The trader referred to in § 1 shall behave in a non-state-of-the-art form with respect to other members of the profession, or in particular those of other professions, if they

1.

a person who is entitled to carry out the activity in a self-employed capacity, and who, in accordance with the external appearance of a self-employed person, has the authority to carry out work carried out by the contractor on the basis of the true economic content of the activities of the circumstances, however, as workers, or

2.

reduce other professionals or members of other professions or their services in an improper manner, or

3.

create, intentionally or grossly negligently, as planners or general contractors, to the detriment of the contractor or subcontractor, grossly deficient tendering documents, or

4.

Providing services in a conscious disregard of the principles of economic and responsible corporate governance or without objectively justified reasons under the self-expense of the entreprtist.

§ 6. Furthermore, the trader referred to in § 1 does not behave in a state-of-the-art situation if it fails to comply with the following obligations:

1.

The trader, who has been granted a branch of electrical engineering, or who has been granted a commercial authorization with a limited degree, must, in commercial transactions, be restricted to the limited extent of the trader's business. Commercial use.

2.

The trader shall be obliged to secrecy about all the facts known to them in the course of their professional practice. They also have to commit their workers to this secrecy. The obligation of secrecy does not apply to civil and criminal courts as well as to administrative authorities.

3.

The trader shall keep their expertise and that of their employees up-to-date and organise their professional practice thereafter.

4.

In order to meet the statutory safety requirements, the trader has to provide a minimum standard of equipment. The minimum standard is in the Annex list.

entry into force

§ 7. This Regulation shall enter into force at the end of the month following the presentation of the order.

Mitterlehner