Machine Translation of "Service Law Amendment 2013" (Austria)

Service Law Amendment 2013

Original Language Title: Dienstrechts-Novelle 2013

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210. Federal Law, with which the civil service law in 1979, the salary law in 1956, the law on contracts in 1948, the Judge and Public Prosecutor Service Act, the Landeslehrer-Dienstrechtsgesetz, the Land-and forestry-economic law The State and Forestry Workers Act Law, the Federal Equal Treatment Act, the Pension Act 1965, the Bundestheaterpensionsgesetz, the Federal Railways Pension Act, the Act on Tendering for the Federal Republic of Germany in 1989, the Federal Law on the Law of the Federal Government, the Federal Government Law on the Law of the Federal Republic of Germany, the Federal Government Law on the Federal Personnel Representation Act, the Act on the Law of the Law of the Federal Republic of Germany 1984, the German law on foreign allowances and assistance, the Military Vocational Training Act 2004, the Federal Law on the Protection of Services, the Law on bridging aid, the Law on Postal Structures, the Law on the Law of Law and the Law of the Court of Justice. (Service Law-Novel 2013)

The National Council has decided:

CONTENTS

Art.	Subject matter
1	Amendment of the Official Services Act 1979
2	Amendment of the salary law in 1956
3	Amendment of the Contract Law Act 1948
4	Amendment of the Judge and Public Prosecutor's Law
5	Amendment of the Landeslehrer-Dienstrechtsgesetz
6	Amendment of the Land and forestry Landeslehrer-Dienstrechtsgesetz (Land and forestry)
7	Amendment of the Land and Forestry Work Law
8	Amendment of the Federal Equal Treatment Act
9	Amendment of the Pension Act 1965
10	Amendment of the Federal Theatterpensionsgesetz
11	Amendment of the Bundesbahn-Pension Act
12	Amendment of the law on tendering for 1989
13	Amendment of the Federal Personnel Representation Act
14	Amendment of the Act of Procedure for the Law of the Law 1984
15	Change of the foreign allowance and assistance law
16	Amendment of the Military Vocational Training Act 2004
17	Amendment of the Federal Order for the Protection of Services
18	Amendment of the bridging aid law
19	Amendment of the Postal Structure Act
20	Amendment of the Act on Legal Practice
21	Amendment of the Court of Justice Act

Article 1

Amendment of the Official Services Act 1979

The Civil Service Law 1979-BDG 1979, BGBl. No. 333/1979, as last amended by the Federal Law Gazette (BGBl). I No 147/2013, shall be amended as follows:

1. In Section 14 (7), the word "vocation" by the word "Complaint" replaced.

2. In Section 20 (1) (3a), the phrase "because of one" through the phrase " because of one starting from the 1. Jänner 2013 committed " replaced.

3. In accordance with § 20 (1) Z 5 the following Z 6 shall be inserted:


" 6.		Establishment of an employment relationship with a country (to the municipality of Vienna) as a member of a regional administrative court, "

4. In accordance with § 22, the following § 22a together with the heading is inserted:

" Certificate

§ 22a. When leaving the service, the official or the official shall be issued a written certificate of the duration and nature of the service or service of the service. "

5. In § 34 (1), second sentence, after the expression "Economy," the expression "Impact orientation," inserted.

6. In § 37 (3) (1), § 50c (3), § 50d (2), § 56 (4) (1) (1), § 169 (5) (1) and (3) (3), the citation shall be: "§ § 50a or 50b" by quoting "§ § 50a, 50b or 50e" replaced.

7. In § 39b para. 1 Z 1 shall be made after the word "to the" the expression "Gaining," inserted.

8. The following sentence is added to Article 45 (1):

"Furthermore, she or he has to work towards the fact that her or her employees can take advantage of the recreational holiday and also take advantage of it."

9. In § 48 (3), fourth sentence, the expression "Working time" by the expression "Service Time" replaced.

10. In accordance with § 50d, the following § 50e and heading is inserted:

" Care Part Time

§ 50e. (1) In the event of the conditions laid down in Article 75c (1) (2) or (3), the regular weekly service of the official or the official may, on his or her request, be made for at least one month and not more than three months up to one quarter of the Full employment is reduced (part-time) if there are no important service interests. § 50c is to be applied.

(2) A part-time period of care shall be permitted only once for each of the dependants or relatives to be cared for. In the event of an increase in the need for care, at least one care money level (§ 9 para. 4 Federal Nursing Money Act-BPGG, BGBl. No 110/1993), however, it is permitted once again to grant a part-time maintenance period on request.

(3) The service authority may, at the request of the official or of the official, have the early return to the original regular weekly service at the time of the


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative. "

11. § 54 (3) Z 4 reads:


" 4.		Complaints to the Constitutional Court and revisions to the Verwaltungsgerichtshof. "

12. § 60 (2) Z 5 reads:


" 5.		the first and surname or first and last names, "

13. The following provisions shall be replaced by Section 75c (1) (2):


" 2.		a person referred to in Article 78d (1), who is entitled to a care allowance at least at level 3 in accordance with § 5 of the German Federal PGG Act (BPGG), under his or her work force in a domestic environment, or under the conditions laid down in Article
3.		a demencially ill or underage person referred to in § 78d paragraph 1 with entitlement to care allowance from level 1 in accordance with § 5 of the German Civil Act (BPGG). "

14. In accordance with Section 75c (1), the following paragraph 1a is inserted:

" (1a) A period of grace referred to in paragraph 1 Z 3 shall last at least one month and not more than three months and shall in principle only be allowed once for any dependants or dependants to be cared for. However, in the event of an increase in the need for care for at least one level of care (Section 9 (4) of the BPGG), a further grant of a nursing care allowance on application is permitted once again. "

15. In Section 75c (2), the quote shall be: " 1 " by quoting " 1 Z 1 " replaced.

Section 75c (3) reads as follows:

"(3) If the intended duration of the leave of carence pursuant to paragraph 1 (1) or (2) is more than three months, the application for the granting of the leave of carence shall be submitted no later than two months before the intended commencement of the effective period of effect."

17. In § 76, paragraph 3, the quote "§ § 50a to 50c" by quoting "§ § 50a to 50c and 50e" replaced.

" 17a. Section 88 (1), (2) and (3) reads:

" (1) A performance assessment commission shall be set up for each supreme service authority.

(2) The performance assessment commission shall consist of the chairman, the necessary deputites or alternates and other members. The Chairperson, the Vice-President, the Vice-President, the Vice-President, and the other half of the other members of the Performance Appointing Commission shall be appointed by the Head of the Chief Administrative Authority, with effect from the 1. Jänner to be ordered for a period of five years. The second half of the other members shall be appointed by the competent central committee (from the relevant central committees).

(3) The Head of the Central Committee shall not, within a month after request by the Head of the Supreme Service Authority, make no or too few members for the performance assessment commission, the Head of the Board of Directors shall: to appoint the necessary members to the highest office. "

17b. § 88 (10) reads:

"(10) The supreme service authority shall be responsible for the substantive requirements of the performance assessment commission, for the errands of its law firms and for the delivery of the letters of the written records."

18. In § 94 (3) (2), the word "Personnel Representation Supervisory Commission" by the word "Personnel Management Authority" replaced.

19. In § 95 (2), first sentence, in the version BGBl. I n ° 120/2012 will be the parenthesis "(Criminal Court of Administrative Jurisdict)" by the parenthesis expression "(a criminal note of an administrative court or an independent administrative body)" replaced.

20. In § 95 (2), second sentence, in the version BGBl. I n ° 120/2012 will be the parenthesis "(the Administrative Court)" by the parenthesis expression "(the Administrative Court or the independent administrative Senate)" replaced.

21. In § 103 (4) (2) (2) in the version BGBl. I n ° 120/2012 is the expression "the realization" by the expression "the decision" replaced.

22. § 105 Z 1 reads:


" 1.		the AVG with the exception of § § 2 to 4, 12, 39 para. 2a, § § 41, 42, 44a to 44g, 51, 57, 58a, 62 para. 3, § § 63 to 67, 68 para. 2 and 3, § 73 para. 2 and 3, § § 75 to 79a as well as ".

23. In § 112 paragraph 1 Z 2 in the version BGBl. I No 120/2012 shall be adopted after the word "present" the phrase " and the charges of committing themselves from the 1. Jänner 2013 refers " inserted.

Section 112 (2) is deleted.

25. In § 112 (6) in the version BGBl. I n ° 120/2012 shall be presented before the expression "Suspend" the expression "(provisional)" inserted.

26. In § 125a (2), after the word "Criminal confession" the phrase "an administrative court or" inserted.

27. The title to § 125b reads:

"The testimony of minors and of witnesses who are abroad"

(28) The following paragraph 3 is added to § 125b:

" (3) A witness or witness who is not in a position to appear before the Disciplinary Commission on account of her stay or who is not able to appear abroad because of his stay abroad may, using technical facilities for the transmission of words and images, to: of the relevant Austrian representative authority. "

29. In § 131 Z 3 in the version BGBl. I n ° 120/2012 the word order "or by an administrative court" through the phrase "by an administrative court or by an independent administrative senate" replaced.

30. In § 135c Z 2 in the version BGBl. I n ° 120/2012 will be the quote "§ § 112 and 123 (2)" by quoting "§ § 112, 118 and 123 (2)" replaced.

31. In § 137 (10) the word order shall be "ANNEX/Part 1" through the phrase "Plants directory 1b" replaced.

32. In § 138 (3) Z 5, the word order shall be "about the" through the phrase "about the" replaced.

33. In § 145, paragraph 1, last sentence, the expression "30 Minutes" by the expression "60 Minutes" replaced.

34. In § 161a, the quote "§ 154" by quoting "§ 154 lit. a" replaced.

35. According to § 178, the following § 178a together with the heading is inserted:

" Retiring into retirement

§ 178a. The university assistant or the university assistant will enter the course of the academic year, in which he/she will be 65. Year of life completed, retired. Section 13 (2) shall apply with the proviso that the year shall be replaced by the year of the academic year. "

36. § 201 (2) and (3) reads as follows:

" (2) Should a teacher of the L 1 use group be given to schools or Pupils ' shelters are also used at universities, so the service authority has to determine in hundreds of the extent of the teaching obligation laid down for full employment, the proportion of the teacher's share of the teaching obligation.


1.		continue to attend school or at the student's home, and
2.		for the work at the university.
Such use shall be subject to the consent of the teacher.

(3) Insofar as the teachers referred to in paragraph 2 are active in universities, the provisions of the 6th applicable to teaching staff at universities shall apply to them. Section with the exception of § § 160, 161, 191, 197 and 199. The same applies to teachers in schools or schools. Pupils ' homes for the duration of a service allocation to a university. "

37. In § 208 (1), the quote "§ § 36 to 42" by quoting "§ § 36 to 39a and 40 to 42" replaced.

38. In § 213 (1), the quote "§ § 50a to 50d" by quoting "§ § 50a to 50e" replaced.

39. In § 220 paragraph 1 Z 2, the phrase "§ 83 (2) and (3) shall apply." through the phrase "where § 83 (2) and (3) shall apply and" replaced and the following Z 3 added:


" 3.		by way of derogation from § 88 (1) for teachers in management and other teachers, as well as for educators, who are used at a school subject to the Landesschulrat (pupils ' home), performance-setting commissions at to set up each national school council. "

40. § 221 (3) reads:

" (3) For teachers in management and other teachers, as well as for educators, who are used at a school under the Landesschulrat (pupil's home), disciplinary commusions are to be found at each national school council. . (1) and (2) shall apply mutatily. "

41. The following sentence is added to section 236c (1):

"The minimum age cited in the table is the legal retirement age of the civil servants."

Section 243 (7) reads as follows:

"(7) In the proceedings before the Disciplinary Commission at the Federal Ministry of the Interior, the Disciplinary Lawyer or the Disciplinary Lawyer must not be right-wing."

43. In § 276 the citation part is deleted "up to 50d" .

44. § 284 (67) is deleted.

45. The following paragraph 83 is added to § 284:

" (83) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 236c (1) with 2 August 2004,
2.		§ 20 (1) (3a) and § 112 (1) (1) (2) with 1. Jänner 2013,
3.		Section 178a together with the title of 31 December 2013,
4.		§ 14 (7), § 20 (1) Z 6, § 22a including the title, § 37 para. 3 Z 1, § 39b paragraph 1 Z 1, § 50c para. 3, § 50d para. 2, § 50e including the title, § 54 para. 3 Z 4, § 56 para. 4 Z 1, § 75c para. 1, 1a, 2 and 3, § 76 para. 3, § 94 para. 3 Z 2, § 95 para. 2, § 103 Abs. § 125b, § 125b para. 3, § 131 Z 3, § 135c Z 2, § 137 (10), § 169 (5) Z 1, § 213 (1) and (3), § 243 para. 7, § 276, annex 1 Z 1.1, annex 1 Z 2.1, annex 1, Z 3.1, annex 1, Z 4.1, Appendix 1 Z 4.12, Appendix 1 Z 12.19 lit. a, Appendix 1 Z 14.1 and Appendix 1 Z 14.10 with 1. Jänner 2014.
		Section 112 (2) as well as Annex 1 Z 4.4.3 and Z 13.7 shall enter into force 1. Jänner 2014 out of force. "

46. In Appendix 1

a) in Z 1.1 the citation "Z 1.2 to 1.11.3" by quoting "Z 1.2 to 1.11.4" and the quote "Z 1.12 to 1.18" by quoting "Z 1.12 to 1.19" replaced,

b) in Z 1.12 the citation "§ 5 (2)" by quoting "§ 6 (2)" replaced,

d) in Z 2.1 the citation "Z 2.2 to 2.10.2" by quoting "Z 2.2 to 2.10.3" replaced,

e) in Z 3.1 the citation "Z 3.2 to 3.10.2" by quoting "Z 3.2 to 3.10.4" replaced,

(f) in Z 3.3 the point at the end of Z 3.3.2 is replaced by a dash and the following Z 3.3.3 and 3.3.4 are added:


" 3.3.3.		in the Federal Ministry of Education, Arts and Culture the school secretary at a general education higher school, commercial academy or commercial school with more than 40 classes, such as the school secretary at the Bundesgymnasium in 3400 Klosterneuburg, Buchberggasse 31, or at the Bundeshandelsakademie und Bundeshandelsschule in 1100 Wien, Pernerstorfergasse 77,
3.3.4.		in the Federal Ministry of Education, Arts and Culture, the Federal Ministry of Education, Arts and Culture at the federal institutions for kindergarten pedagogy with more than 20 classes, such as the school secretarial force at the Bundesbildungsanstalt für Kindergartenpädagogik in 1080 Vienna, Germany Lange Gasse 47. ",

(g) in Z 3.5 the point at the end of Z 3.5.7 is replaced by a dash and the following Z 3.5.8 and 3.5.9 are added:


" 3.5.8.		in the Federal Ministry of Education, Arts and Culture, the school secretary at a general education higher school, a commercial college or a commercial school with up to 40 classes, such as the school secretary at the Bundesgymnasium and Bundesrealgymnasium in 2380 Perchtoldsdorf, Roseggergasse 2-4, or at the Bundeshandelsakademie und Bundeshandelsschule in 4840 Vöcklabruck, Englweg 2,
3.5.9.		in the Federal Ministry of Education, Arts and Culture, the school secretary at federal institutions for kindergarten pedagogy with up to 20 classes, such as the school secretarial force at the Bundesbildungsanstalt für Kindergartenpädagogik in 8052 Graz, Grottenhofstraße 150. ",

(h) in Z 3.8 the point at the end of Z 3.8.15 is replaced by a dash and the following Z 3.8.16 is added:


" 3.8.16.		In the Federal Ministry of Education, Arts and Culture, the skilled person in support of the school secretarial force at a general education higher school with more than 24 classes, at a commercial academy or a commercial school with more than 20 classes or at a Bundesanstalt für Kindergartenpädagogik with more than 14 classes, such as at the Bundesgymnasium and Bundesrealgymnasium in 7210 Mattersburg, Hochstraße 1, or at the Bundeshandelsakademie and Bundeshandelsschule in 9020 Klagenfurt, Kumpfgasse 21, or at the Bundesanstalt für Kindergartenpädagogik in 7400 Oberwart, Dornburggasse 93. ",

i) in Z 4.1 the citation "Z 4.2 to 4.4.3" by quoting "Z 4.2 to 4.4.4" replaced,

j) in Z 4.12 the word order "the Federal Ministry of National Defense" through the phrase "the Federal Ministry of Defence and Sport" replaced,

k) in Z 12.19 lit. a the expression "Crisis surcharge" by the expression "Bet surcharge" and the quote "§ 7 para. 1 Z 1" by quoting "§ 7 (1) (1) and (2)" replaced,

(l) in Z 13.13 para. 1 lit. a sublit. cc the citation "§ 4 (5)" by quoting "§ 4 (7)" replaced,

m) in Z 14.1 the citation "Z 14.10" by quoting "Z 14.10 and 14.11" replaced,

(n) in Z 14.10 lit. c and Z 15.5 lit. c by the word "Performance" the phrase "or Leistender" and after the expression "contract staff," the phrase "or" inserted,

(o) in Z 23, Z 24 and Z 25, the word sequence "Diplom or Mastergrades" through the phrase "Diplom-or Mastergrades" replaced,

p) in Z 23.1 para. 2 lit. b the citation "§ 5 (2)" by quoting "§ 6 (2)" replaced,

q) in Z 26 the word order "the acquisition" through the phrase "the acquisition" replaced.

47. Appendix 1 Z 3.6.1, Z 4.4.3 and Z 13.7 lit. d is deleted.

Article 2

Amendment of the salary law in 1956

The salary law 1956-GehG, BGBl. No. 54/1956, as last amended by the Federal Law BGBl. I No 147/2013, shall be amended as follows:

1. In § 5, the word order shall be " with the exception of the last sentence, § 26 (3) with the exception of Z 2 lit. b Second case " by the expression "§ 26 (3)" replaced.

2. In § 12e paragraph 1 Z 1, § 15a (1) Z 1, § 22 para. 3 Z 1, § 40b paragraph 5 Z 1, § 40c para. 4 Z 1, § 53b para. 4 Z 1, § 61 para. 12, § 83 para. 2 Z 1 and § 112 paragraph 4 Z 1, the quote shall be: "§ § 50a or 50b BDG 1979" by quoting "§ § 50a, 50b or 50e BDG 1979" replaced.

3. In Section 13c (9), the word shall be: "vocation" by the word "Complaint" replaced.

4. According to § 13d, the following § 13e with headline is inserted:

" Claims when leaving the service (holiday rate performance)

§ 13e. (1) On the occasion of leaving the service or the employment relationship, the official or the official shall be entitled to a replacement for the recovery leave which has not yet been used if it or he does not directly enter into another service is taken over to the federal government (holiday performance). The performance of the holiday shall only be due in so far as the official or the official does not have to represent the maintenance of the consumption of the holiday leave.

(2) The official or the official shall be responsible for the maintenance of consumption, in particular if he or she is eliminated from the service by:


1.		Termination of the provisional service from one of the reasons mentioned in § 10 (4) (1), (3) or (4) BDG 1979,
2.		Termination of the service in accordance with § 20 (1) Z 1, 3, 3a or 4 BDG 1979,
3.		Retirement before reaching the statutory retirement age, provided that the retirement age is not due to permanent invalidity.

(3) The rate of holiday allowance shall be calculated separately for each calendar year from which there is an unspent and non-depleted entitlement to a holiday holiday. The replacement rate of leave shall be that part of four times the weekly service period, which corresponds to the average level of employment in the respective calendar year. For the current calendar year, the maximum amount of holiday shall be reduced in accordance with the ratio of the duration of the service period in this calendar year to the entire calendar year. For judges and judges, the weekly service period shall be set at 40 hours, with partial utilization of the corresponding part of the unit.

(4) The rate of holiday performance shall be due to that part of the high-capacity holiday amount which remains after deduction of the actual consumption of recreational holidays from this calendar year. The time of a leave of absence according to § 14 (7) BDG 1979 is also to be deducted.

(5) The basis for the payment of the holiday allowance for the current calendar year is the full monthly reference (§ 3 para. 2) of the official or the official in the month of leaving the service, for the previous calendar years the full monthly reference in the December of each calendar year.

(6) The replacement performance for a holiday hour shall be determined by the division of the amount forming the tax base by the 4,33fold number of weekly hours number according to § 48 para. 2 BDG 1979.

(7) In the case of teachers, paragraphs 3 to 6 shall apply with the following measures:


1.	The average size of the teaching obligation in one school year shall be replaced by the average level of employment in a calendar year in the calculation of the maximum amount of holiday on the rate of replacement. The full teaching obligation corresponds to a weekly service of 40 hours, the reduced to the corresponding part of it.
2.	The weekly days of the main holidays and the school-free days according to § 2 para. 3 of the school-age law, BGBl are the most important holiday measures. No 77/1985. These days are not to be deducted if:
a)		was to serve them at school or education and training service, or
b)		the teacher was prevented by illness, accident or infirmness in the performance of his or her service.
Saturdays are to be withdrawn only if Saturday lessons were provided in the school or in the schools where the teacher concerned was mainly active.

(8) In the event of leaving the service or service prior to the 1. Jänner 2014 is due to be paid on request only and is the period from 3 May 2012 to the day of the presentation of the Federal Law BGBl. I n ° 210/2013 not to be included in the period of limitation in accordance with § 13b. "

5. In § 20b (1) and (3), the citation shall be " § 16 para. 1 Z 6 lit. b or c EStG 1988 " by quoting "§ 16 para. 1 Z 6 lit. c, d or e EStG 1988" replaced.

6. § 20b, para. 2 reads:

" (2) The travel allowance shall be paid for each full calendar month in the cases of


1.		§ 16 para. 1 Z 6 lit. c EStG 1988 at a distance between the place of residence and the workplace of at least

20 km to 40 km	.................................................................... 18 ,63Euro,
more than 40 km to 60 km	.................................................................... 36,84 Euro,
more than 60 km	.................................................................... 55.08 Euro,


2.		§ 16 para. 1 Z 6 lit. d EStG 1988 at a distance between the home and the workplace of

at least 2 km to 20 km	.................................................................... 10,14 Euro,
more than 20 km to 40 km	.................................................................... 40,23 Euro,
more than 40 km to 60 km	.................................................................... 70,02 Euro,
more than 60 km	.................................................................. 100,00 Euro,


3.		§ 16 para. 1 Z 6 lit. e EStG 1988 for journeys from the home to the workplace

at least 8, but not more than 10 days in calendar month	............................ two thirds,
at least 4, but not more than 7 days in calendar month	............................... one third


of the corresponding monthly amount after Z 1 or 2.
These monthly amounts shall be reduced or increase as a result of the change in the consumer price index 2005 or the index which is to be replaced by the Federal Statistical Office in Austria, as compared with the index for September 2012. in the case of changes in the index, where changes are not to be taken into account for as long as they do not exceed 5% of this index number and 5% of the most recent index number for the valorisation. The new amounts will be valid from the next month's next month after the index change by the Bundesanstalt Statistik Austria. The Federal Chancellor or the Federal Chancellor shall make known the amounts as amended by the valorisation and the date in which the change takes effect in the Federal Law Gazprom. "

7. In § 22 para. 6, second sentence, the quote shall be "§ 12e para. 2" by quoting "§ 12d para. 4" replaced.

8. In § 22, the following paragraph (13a) is inserted:

" (13a) At the request of an official or an official who is a member of the Constitutional Court, the tax base for the pension contribution shall also include the basis of a reduction in the regular weekly service period or utilization Deducted pay and special payments. Such a request may, in whole or in part, also refer to the period since the appointment of the Member. "

9. In Section 22b, Section 4, the word order shall be deleted "to be provided by outsourced companies" .

10. In § 22b para. 5, second sentence, the quote "§ § 17, 19 or 78b BDG 1979" by quoting "§ § 17, 19, 78b or 160 BDG 1979" replaced.

11. § 40a (1) Z 3 reads:


" 3.		of the legal service of the Federal Office of Foreign Affairs and Asylum, which pursuant to § 2 (5) of the BFA-Provisioning Act, Federal Law Gazette (BGBl). I n ° 87/2012, by the Director or the Director of the Federal Office for the exercise of pursuant to Section 38 (1) (3) to (5) and (2), § 39 (1) and (44) of the BFA-procedural law (BFA-VG), Federal Law Gazette (BGBl). I No 87/2012, which is authorised to command and coerced, "

12. In § 40b (1) (1) (1), § 101 (1) (1) (1) and 153 (1) (1) (1), the expression " Military Aviation Staff Regulation 1968, BGBl. No. 395, " by the expression " Military Aviation Staff Regulation 2012, BGBl. II No 401/2012, " replaced.

13. The title to § 42 is deleted.

14. In § 50a (4) (3), the word order shall be deleted "after 1 June 2002" .

15. In § 91 (3) (2) (2) the word "in" .

16. In § 94a paragraph 2 Z 1 lit. a becomes the phrase "and the" through the phrase "with the exception of the" replaced.

17. The following paragraph 6 is added to § 113i:

" (6) By way of derogation from § 20b (1), the amount of the travel allowance shall be due in those cases in which a roll-up pursuant to § 124b Z 242, last sentence, EStG 1988 has been effected in conjunction with Section 77 (3) of the EStG 1988, from the day on which the commuter flat rate of the the service provider has been taken into account by a statement of the official or of the official, at the earliest from the 1. Jänner 2013. "

18. In § 116e paragraph 2 in the version BGBl. I n ° 120/2012 will be the quote "§ 63b (2)" by quoting "§ 63b (3)" replaced.

19. In § 175 (50), after the word "Force" the half-sentence "and shall continue to be subject to measures taken up to that date" .

20. § 175 (57) shall be deleted.

21. The following paragraph 75 is added to § 175:

" (75) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 13e of 2 August 2004,
2.		Section 22 (13a) with 1. Jänner 2011,
3.		§ 20b (1), (2) and (3), § 22b (4) and § 22b (5), second sentence, with 1. Jänner 2013,
4.		§ 5 with 1 August 2013,
5.		Section 116e (2) with 1 September 2013,
6.		§ 12e para. 1 Z 1, § 15a (1) Z 1, § 22 para. 3 Z 1, § 22 para. 6 second sentence, § 40a sec. 1 Z 3, § 40b para. 5 Z 1, § 40c para. 4 Z 1, § 50a para. 4 Z 3, § 53b para. 4 Z 1, § 61 paragraph 12, § 83 paragraph 2 Z 1, § 112 para. 4 Z 1, § 113i, and § 175 para. 50 with 1. Jänner 2014. "

Article 3

Amendment of the Contract Law Act 1948

The Law on the Order of Contract in 1948-VBG, BGBl. No. 86/1948, as last amended by the Federal Law BGBl. I No 147/2013, shall be amended as follows:

1. The following line shall be inserted in the table of contents according to the line of section 84a:

" §	84b. Administrative Behaviour "

2. In § 1 para. 3 Z 3, after the word "Federal Gardens" the phrase "and the troop training places" inserted.

3. § 1 (3) Z 8 is deleted.

4. In § 1b the word order shall be " with the exception of the Z 2 lit. b and " by the word "and" replaced.

5. The following sentence shall be added to section 5b (1):

"Furthermore, she or he has to work towards the fact that her or her employees can take advantage of the recreational holiday and also take advantage of it."

6. In Section 20 (1), Section 36a (3) and Section 37 (2), the quote shall be: "up to 50d BDG 1979" by quoting "up to 50e BDG 1979" replaced.

7. In § 20 (1) (1) (1) and (2), second sentence, the citation shall be "§ § 50a or 50b BDG 1979" by quoting "§ § 50a, 50b or 50e BDG 1979" replaced.

8. In the last sentence of § 20 (2) and (3), the quote shall be: "§ § 50a and 50b BDG 1979" by quoting "§ § 50a, 50b and 50e BDG 1979" replaced.

9. In § 28b (6), after the word order "according to MSchG or VKG" the citation "or § 50e BDG 1979" inserted.

10. The following provisions shall be replaced by Section 29e (1) (2):


" 2.		a person named in § 29k para. 1 with entitlement to care allowance at least level 3 in accordance with § 5 of the Federal Nursing Money Act-BPGG, BGBl. N ° 110/1993, subject to the normal use of her or his labour force in the home environment, or
3.		a demencially ill or underage person referred to in § 29k paragraph 1 with the right to care allowance from level 1 according to § 5 BPGG. "

11. In accordance with Section 29e (1), the following paragraph 1a is inserted:

12. In Section 29e (2), the quote shall be: " 1 " by quoting " 1 Z 1 " replaced.

Section 29e (3) reads as follows:

14. In accordance with § 30 (1) Z 6 the following Z 7 is inserted:


" 7.		by establishing an employment relationship with a country (to the municipality of Vienna) as a member of a regional administrative court or "

15. In § 32 (2) Z 7, after the word order "in statutory pension insurance" the phrase "for male insured persons" inserted.

16. § 36a (2) reads:

" (2) The administrative internship includes an introduction to the relevant administrative work, as far as possible an additional curative training as well as the practical testing at the mindes-tens of a workplace. If the duration of an administrative practice exceeds the period of three months, the test shall, if possible, take place in at least two places of work. The administrative internship shall end at the latest after a total period of twelve months. "

17. § 36b (1) reads:

" (1) For the duration of the proper participation in the administrative internship, a monthly training contribution is due to the administrative practitionist or to the administrative practitionist. In the first three months, this shall be 50% administrative or administrative practice and 100% of the monthly salary of a contract staff member or a contract staff during the training phase in excess of that period. (§ 72 para. 1) of the remuneration group v1, v2, v3 or v4, per-weils remuneration level 1. The assignment is to be pre-taken with the appropriate use:


1.		Graduates of a diploma, bachelor's, master's or doctoral degree program in accordance with § 87 (1) of the University Act 2002 and graduates of a university of applied sciences bachelor's degree course, master of applied sciences master's degree program or a diploma course of applied sciences (Fachhochschul-Diplom) in accordance with § 6 (2) of the University of Applied Sciences Law on the remuneration group v1,
2.		Graduates of a higher school (riding and diploma examination) Maturity-examination) for the remuneration group v2,
3.		Graduates of a middle school or after learning a teaching profession to pay group v3 and
4.		other administrative practitioners on the remuneration group v4. "

18. In § 36b (3), after the word order "just for one part of the month" the phrase "or change in the course of the month the amount of the training contribution" inserted.

19. The following paragraph 3 is added to § 47:

"(3) § 13e GehG shall be applied to contract teachers with the proviso that the statutory retirement age shall be replaced by the standard retirement age in accordance with § 253 ASVG."

20. In § 78a (6) of the introduction, Z 5 lit. a and Z 6 becomes the citation " 4 " through the citation " 5 " replaced.

21. In § 78a (6) Z 6, the quote shall be: " 4b " by quoting " 7 " replaced.

22. In Section 78a (7), the quote shall be: " 4a Z 2 " by quoting " 6 Z 2 " replaced.

(22a) The following paragraph 10 is added to section 78a:

" (10) The collective agreement of the Federal Government and collective agreements pursuant to Section 8 may also contain provisions in accordance with Section 3 (1a) of the BPG for redundant workers, which are based on Article 10 (1a) of the Labour Force Act (AÜG), Federal Law Gazette (BGBl). No 196/1988, in the light of these collective agreements, to be included in their pension schemes. "

23. In § 84, paragraph 4a, after the word order "after the MSchG or after the VKG" the phrase "or in accordance with § 50e BDG 1979" inserted.

24. According to § 84a, the following § 84b and title is inserted:

" Administrative Behaviour

§ 84b. On administrative internships, before the 1. Since January 2014, Section 36a (2) and Section 36b (1) are to continue to be applied in the version valid until 31 December 2013. "

25. In § 86 (1) (1) (1), the phrase " Military Aviation Staff Regulation 1968, BGBl. No. 395, " through the phrase " Military Aviation Staff Regulation 2012, BGBl. II No 401/2012, " replaced.

26. § 100 (47) shall be deleted.

27. The following paragraph 66 is added to § 100:

" (66) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 47 (3) with 2 August 2004,
2.		§ 1b with 1 August 2013,
3.		§ 1 (3) (3), § 20 (1), 2 and 3, § 28b (6), § 29e (1), (1a), (2) and (3), Section 30 (1) (7), Article 32 (2) (2) (7), Article 36a (2), § 36b (1) and (3), Article 37 (2), Article 78a (10), § 84 (4a) and § 84b, together with the title of 1. Jänner 2014. "

Article 4

Amendment of the Judge and Public Prosecutor's Law

The Judge and Public Prosecutor's Service Act-RStDG, BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I No 147/2013, shall be amended as follows:

1. In Article IIa (2), last sentence, the quote shall be: "76e to 76g," by quoting "76f to 76h," replaced.

2. In Article III (2), after the quote, "76b," the citation "76e," inserted.

3. In Article IV (4), after the quotation "§ 75c (2)," the citation "§ 75e para. 1," inserted and eliminated the citation "and § 76b (2)" .

4. In § 63 (3), after the word order "disabled child" the phrase "or one or one of the dependants of a family" inserted.

5. In Section 64b (3), the word order shall be "Complaints to the Constitutional and Administrative Court" through the phrase "Complaints to the Constitutional Court and revisions to the Verwaltungsgerichtshof" replaced.

6. In § 65a (1), after the word order "Subordinated Courts" the phrase "and the Higher Regional Court itself" inserted.

7. In Section 72 (3), the quote shall be: "§ 75d para. 3, § 76a or § 76b" by quoting "§ 75d paragraph 3, § § 76a, 76b or 76e" replaced.

8. The following provisions shall be replaced by Section 75b (1) (2):


" 2.		a person referred to in Article 75e (1) who is entitled to a care allowance at least at level 3 in accordance with § 5 of the Federal Nursing Money Act-BPGG, BGBl. N ° 110/1993, subject to the normal use of her or his labour force in the home environment, or
3.		a demencially ill or underage person referred to in Article 75e (1), who is entitled to a care allowance from level 1 according to § 5 BPGG. "

9. In accordance with Section 75b (1), the following paragraph 1a is inserted:

10. In Section 75b (2), the quote shall be " 1 " by quoting " 1 Z 1 " replaced.

11. § 75b (3) reads:

12. In Section 75e (1), the phrase "within the meaning of section 76b (2)" through the phrase "within the meaning of Section 75c (2)" replaced and the phrase "Choice-or foster parents" through the phrase "Parents-in-law, choice or foster parents" replaced.

13. § 76a together with the title is:

" Reduction of the workload for the care of a child

§ 76a. (1) The regular service of the Judge or Judge shall be on her or his application for care


1.		of their own child,
2.		of a choice-or foster-child, or
3.		of any other child for whose maintenance the Judge or the Judge and (or) her spouse or his/her spouse mainly arise,
up to one half (reduction of the load).

(2) The reduction shall take effect for the duration of one year or a multiple of a year or until the child's entry into the school. It ends at the latest with the school entry of the child.

(3) Such a reduction shall be permitted only if:


1.		the child is a member of the judge's or judge's household and has not yet been subject to a debt; and
2.		the judge or the judge wants to supervise the child for the most part.

(4) The Judge or the Judge shall submit the application for reduction of the workload no later than two months before the intended start of efficacy.

(5) By way of derogation from (1) and (2), the judge or judge shall be entitled to a reduction in the workload of less than half, for the duration requested by her or him, during which she or she is entitled to child care allowance.

(6) By way of derogation from (2) and (3), a reduction in the workload for the care or care of a disabled child living in the common household, for the increased family allowance within the meaning of Section 8 (4) of the Family Load Equalization Act 1967, BGBl. No 376/1967, is to be granted even after the child has entered the school or beyond the child's entry into the school. The common household according to paragraph 3 Z 1 shall continue to exist if the disabled child is only temporarily suspended for treatment outside the domestic community. "

14. In § 76b (1) (1) (1) the word order shall be deleted "for the care or care of close relatives or" .

Section 76b (2) is deleted.

16. In Section 76c (1), the quote shall be "§ § 76a or 76b" by quoting "§ § 76a, 76b or 76e" replaced.

17. In § 76d paragraph 1 Z 1, the quote "§ § 75e, 76a or 76b" by quoting "§ § 75e, 76a, 76b or 76e" replaced.

18. The previous § § 76e, 76f and 76g will receive the paragraph labels "§ 76f" , "§ 76g" and "§ 76h" .

19. In accordance with § 76d, the following § 76e with headline is inserted:

" Care Part Time

§ 76e. (1) In the event of the conditions laid down in section 75b (1) (2) or (3), the regular workload of the judge or judge may be reduced to one quarter for at least one month and not more than three months at the request of the judge or the judge. (maintenance part-time), if there are no important service interests in the opposite direction.

(2) A part-time period of care shall be permitted only once for each of the dependants or relatives to be cared for. In the case of an increase in the need for care for at least one level of care money (§ 9 para. 4 BPGG), however, a further granting of a part-time care period on request is allowed once.

(3) The service authority may, at the request of the Judge or the Judge, have the early return to the original regular workload


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative. "

20. In Section 77 (7), the phrase "the general part of the annual staff plan" through the phrase "the rules for the management of the annual staff plan" replaced.

21. In § 94 (1) the word order shall be "Mental infirmers" through the phrase "a mental impairment" replaced.

22. In § 100 (1) Z 3a in the version BGBl. I n ° 120/2012 the word order "because of one" through the phrase " because of one starting from the 1. Jänner 2013 committed " replaced.

23. In accordance with § 100, the following § 100a and heading is inserted:

" Certificate

§ 100a. When leaving the service, the Judge or the Judge shall issue a written certificate of the duration and nature of the service or service of the judge. "

24. In § 152 lit. a becomes the phrase "Setting, acquitting" through the phrase "Setting or acquitting" replaced.

25. § 166b (4) reads:

" (4) On before the 1. Jänner 2013 granted Karenzurlaube are § 75a as well as § 22 (9) and 9a GehG in each case in the version valid on 31 December 2012. § 22b para. 5 GehG is on before the 1. January 2013 does not apply to the granting of carded leave (duty exemptions, non-service positions). "

26. The following sentence shall be added to § 166e (1):

"The minimum age listed in the table is the legal retirement age of the judges and the prosecutors."

27. According to § 166j the following § 166k with headline is inserted:

" Transitional provision to the Novelle BGBl. I No 210/2013

§ 166k. § 76b is to be applied further to judges and judges whose workload is reduced on December 31, 2013 according to § 76b, in the version valid until 31 December 2013. "

28. In § 206, the quote "43, 65" by quoting "43, 53a, 65" replaced.

Section 207 (3), first sentence reads:

"The call for tenders is to be published on the website" Career Public Service ", which was established at the Federal Chancellery, and in addition to the" Official Journal of the Wiener Zeitung "."

§ 208 (1), first sentence in the version BGBl. I No 120/2012 is as follows:

"The Federal Administrative Court and the Federal Financial Court shall not be members of the Federal Government, a state government, the National Council, the Federal Council, a parliament or the European Parliament."

31. In Section 210 (1) of the Federal Law Gazette (BGBl). In the right-hand column of the table, I N ° 120/2012 is the word "Usage Group" by the word "salary group" replaced.

32. The following paragraph 61 is added to section 212:

" (61) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 166e (1) with 2 August 2004,
2.		Section 100 (1) (3a) and § 166b (4) with 1. Jänner 2013,
3.		Article IIa (2), Art. Article III (2), Art. § 65a (1), § 72 (3), § 75b (1), 1a, 2 and 3, § 75e Para. 1, § 76a including the title, § 76b (1) Z 1, § 76c para. 1, § 76d paragraph 1 Z 1, § 76e including the heading, § § 76f to 76h, § 77 para. 7, § 94 para. 1, § 100a including title, § 152 lit. a, § 166k including headline, § 206, § 207 para. 3 first sentence, § 208 (1), § 210 (1) and § 212a para. 4 with 1. Jänner 2014,
4.		Section 208 (1) and § 210 (1) with 1 February 2014.
		Section 76b (2) shall enter into force 1. Jänner 2014 out of force. "

33. § 212a in the version BGBl. The following paragraph 4 is added to I No 120/2012:

" (4) By way of derogation from paragraph 1, the judges appointed as judges and judges of the Asylum Tribunal on 1 July 2008 shall be the judges appointed with 1. Jänner 2014 becomes the judge of the Federal Administrative Court to continue to apply paragraph 2. "

Article 5

Amendment of the Landeslehrer-Dienstrechtsgesetz

The Landeslehrer-Dienstrechtsgesetz-LDG 1984, BGBl. No 302/1984, as last amended by the Federal Law BGBl. I No 151/2013, shall be amended as follows:

1. In Section 16 (1) (3a), the phrase "because of one" through the phrase " because of one starting from the 1. Jänner 2013 committed " replaced.

2. In accordance with § 18, the following § 18a and title shall be inserted:

" Certificate

§ 18a. When leaving the service, the national teacher shall be issued with a written certificate of the duration and nature of the service. "

3. § 38 (3) Z 4 reads as follows:


" 4.		Complaints to the Constitutional Court and revisions to the Verwaltungsgerichtshof. "

4. In § 40 (4) (1), the quote shall be "§ § 45 or 46" by quoting "§ § 45, 46 or 46a" replaced.

5. In accordance with § 46, the following § 46a and title shall be inserted:

" Care Part Time

§ 46a. (1) If the conditions pursuant to § 58c (1) (2) or (3) are fulfilled, the annual standard or a teaching commitment by the national teacher or teacher on her or his application for at least one month and a maximum of three months down to a quarter of the extent required for full employment (part-time care); if there are no important service interests. Section 45 (2) and (4) shall apply.

(3) The service authority may, at the request of the national teacher or the national teacher, the early return to the original annual standard, or Teaching obligation at


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative. "

6. In Section 47 (3), the quote shall be "§ § 45 or 46" by quoting "§ § 45, 46 or 46a" and the quote "§ § 45 and 46" by quoting § § 45, 46 and 46a " replaced.

7. In Section 47 (3a), the citation shall be "§ § 44 to 46" by quoting "§ § 44 to 46a" replaced.

8. In § 48 (1), (2) and (3) and § 59a (3), the quote shall be: "§ § 45 or 46" by quoting "§ § 45, 46 or 46a" replaced.

9. In § 50 (6) the quote becomes "§ § 44, 45 or 46" by quoting "§ § 44, 45, 46 or 46a" replaced.

10. The following provisions shall be replaced by Section 58c (1) (2):


" 2.		a person referred to in section 59d (1) who is entitled to a care allowance at least at level 3 in accordance with § 5 of the German Federal PGG Act (BPGG) under his or her work force in a domestic environment, or under the usual conditions of his or her work
3.		a demencially ill or underage person referred to in § 59d paragraph 1 with the right to care allowance from level 1 according to § 5 BPGG. "

11. In accordance with section 58c (1), the following paragraph 1a is inserted:

12. In Section 58c (2), the quote shall be: " 1 " by quoting " 1 Z 1 " replaced.

13. § 58c (3) reads:

14. In § 72 sec. 3 Z 2 in the version BGBl. I n ° 151/2013 the word order "in front of the Personnel Representation Authority" through the phrase "in matters of staff representation in front of the state government" replaced.

15. In § 73 para. 2 first sentence in the version BGBl. I n ° 120/2012 will be the parenthesis "(Criminal Court of Administrative Jurisdict)" by the parenthesis expression "(a criminal note of an administrative court or an independent administrative body)" replaced.

16. In § 73 para. 2 second sentence in the version BGBl. I n ° 120/2012 will be the parenthesis "(the Administrative Court)" by the parenthesis expression "(the Administrative Court or the independent administrative Senate)" replaced.

17. § 74 Z 1 reads:


" 1.		the AVG with the exception of § § 2 to 4, 12, 39 para. 2a, § § 41, 42, 44a to 44g, 51, 57, 58a, 62 para. 3, § § 63 to 67, 68 para. 2 and 3, § 73 para. 2 and 3, § § 75 to 79a as well as "

18. In § 75 para. 2 Z 2 in the version BGBl. I n ° 151/2013 the expression "the realization" by the expression "the decision" replaced.

19. In § 80 paragraph 1 Z 2 in the version BGBl. I No 120/2012 shall be adopted after the word "present" the phrase " and the charges of committing themselves from the 1. Jänner 2013 refers " inserted.

20. In Section 94a (2) of the Federal Law Gazette (BGBl). I n ° 120/2012 will be after the word order "Criminal Law of a Administrative Court" the phrase "or an independent administrative body" inserted.

21. The title to § 94b reads:

"The testimony of minors and of witnesses who are abroad"

(22) The following paragraph 3 is added to § 94b:

23. In § 100 Z 3 in the version BGBl. I n ° 120/2012 the word order "or by an administrative court" through the phrase "by an administrative court or by an independent administrative senate" replaced.

24. The following sentence shall be added to § 115e (1):

"The minimum age listed in the table is the statutory retirement age of the national teachers."

25. § 121d (6) reads:

" (6) On before the 1. Jänner 2013 granted Karenzurlaube are § 58a as well as § 22 (9) and 9a GehG in each case in the version valid on 31 December 2012. § 22b para. 5 GehG is on before the 1. January 2013 does not apply to the granting of carded leave (duty exemptions, non-service positions). "

26. The following paragraph 72 is added to § 123:

" (72) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 115e (1) of 2 August 2004,
2.		§ 16 (1) (3a), section 80 (1) (2) and § 121d (6) with (1). Jänner 2013,
3.		§ 18a, including the title, § 38 (3) Z 4, § 40 (4) Z 1, § 46a, including the title, § 47 (3) and (3a), § 48 (1), (2) and (3), § 50 (6), § 58c (1), (1a), (2) and (3), § 59a (3), § 72 (3) (2), Section 73 (2), Section 74 (1), Section 75 (2) (2) (2), Section 94a (2), the Title to § 94b and § 94b para. 3 and § 100 Z 3 with 1. Jänner 2014. "

Article 6

Amendment of the Land and forestry Landeslehrer-Dienstrechtsgesetz (Land and forestry)

The Land and Forest Law Teachers Service Law-LLDG 1985, BGBl. No 296/1985, as last amended by the Federal Law BGBl. I No 148/2013, shall be amended as follows:

1. In Section 16 (1) (3a), the phrase "because of one" through the phrase " because of one starting from the 1. Jänner 2013 committed " replaced.

2. In accordance with § 18, the following § 18a and title shall be inserted:

" Certificate

§ 18a. When leaving the service, the teacher shall be issued with a written certificate of the duration and nature of the service. "

3. In § 40 (4) (1), § 48 (1), (2) and (3), § 66a (3) (1) and § 121 (7) (1), the citation shall be: "§ § 45 or 46" by quoting "§ § 45, 46 or 46a" replaced.

4. In accordance with § 46, the following § 46a and title shall be inserted:

" Care Part Time

§ 46a. (1) If the conditions laid down in § 65c (1) (2) or (3) are met, the regular weekly service of the teacher may apply to her application for at least one month and not more than three months to a quarter of the person for full employment. be reduced if no important service interests are in conflict. § 47 shall apply.

(3) The service authority may, at the request of the lecturer, have the early return to the original regular weekly service period


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative. "

5. The following provisions shall be replaced by Section 65c (1) (2):


" 2.		a person referred to in § 66d (1), who is entitled to a care allowance at least at level 3 in accordance with § 5 of the German Federal PGG Act (BPGG), under his or her working power in a domestic environment, or
3.		a demencially ill or underage person referred to in § 66d paragraph 1 with entitlement to care allowance from level 1 according to § 5 BPGG. "

6. In accordance with Section 65c (1), the following paragraph 1a is inserted:

7. In Section 65c (2), the quote shall be: " 1 " by quoting " 1 Z 1 " replaced.

8. § 65c (3) reads:

9. In § 81 (2), first sentence, in the version BGBl. I n ° 120/2012 will be the parenthesis "(Criminal Court of Administrative Jurisdict)" by the parenthesis expression "(a criminal note of an administrative court or an independent administrative body)" replaced.

10. In § 81 (2), second sentence, in the version BGBl. I n ° 120/2012 will be the parenthesis "(the Administrative Court)" by the parenthesis expression "(the Administrative Court or the independent administrative Senate)" replaced.

11. § 82 Z 1 reads:


" 1.		the AVG with the exception of § § 2 to 4, 12, 39 para. 2a, § § 41, 42, 44a to 44g, 51, 57, 58a, 62 para. 3, § § 63 to 67, 68 para. 2 and 3, § 73 para. 2 and 3, § § 75 to 79a as well as "

12. In § 83 sec. 2 Z 2 in the version BGBl. I n ° 148/2013, the expression "the realization" by the expression "the decision" replaced.

13. In § 88 paragraph 1 Z 2 in the version BGBl. I No 120/2012 shall be adopted after the word "present" the phrase " and the charges of committing themselves from the 1. Jänner 2013 refers " inserted.

14. In § 88 (6) in the version BGBl. I n ° 148/2013 shall be presented before the expression "Suspend" the expression "(provisional)" inserted.

15. In § 102a (1) (2) (2) of the BGBl version. I n ° 120/2012 will be after the word order "Criminal Law of a Administrative Court" the phrase "or an independent administrative body" inserted.

16. The title to § 102b reads:

"The testimony of minors and of witnesses who are abroad"

(17) The following paragraph 3 is added to § 102b:

18. In § 108 Z 3 in the version BGBl. I n ° 120/2012 the word order "or by an administrative court" through the phrase "by an administrative court or by an independent administrative senate" replaced.

§ 121e para. 4 reads as follows:

" (4) On before the 1. Jänner 2013 granted Karenzurlaube are § 65a as well as § 22 (9) and 9a GehG in each case in the version valid on 31 December 2012 apply further. § 22b para. 5 GehG is on before the 1. January 2013 does not apply to the granting of carded leave (duty exemptions, non-service positions). "

20. The following sentence shall be added to Section 124e (1):

"The minimum age listed in the table is the legal retirement age of teachers."

(21) The following paragraph 55 is added to § 127:

" (55) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 124e (1) with 2 August 2004,
2.		§ 16 (1) (3a), section 88 (1) (2) and § 121e (4) with (1). Jänner 2013,
3.		§ 18a together with the title, § 40 paragraph 4 Z 1, § 46a, including the title, § 48 para. 1, 2 and 3, § 65c (1), 1a, 2 and 3, § 66a (3) Z 1, § 81 para. 2, § 82 Z 1, § 83 sec. 2 Z 2, § 88 para. 6, § 102a para. 1 Z 2, the title to § 102b, § 102b para. 3, § 108 Z 3 and § 121 (7) Z 1 with 1. Jänner 2014. "

22. In the Appendix Art. II. 1.3 (3) (3). a sublit. bb becomes the citation "§ 5 (2)" by quoting "§ 6 (2)" replaced.

Article 7

Amendment of the Land and Forestry Work Law

The Land and Forestry Work Law, BGBl. No 280/1980, as last amended by the Federal Law BGBl. I No 140/2011, shall be amended as follows:

1. In accordance with § 7a the following § § 7b and 7c shall be inserted together with the headings:

" Nursing Care

§ 7b. (1) If the service has not been interrupted for three months, service providers and service providers can write a nursing care centre in writing against the removal of the remuneration for the purpose of caring for or taking care of a person in accordance with § 29k Abs. 1 of the Contract Law Act 1948-VBG, BGBl. No. 86/1948, named person, who, at the time of arrival of the nursing care, is nursing allowance from level 3 in accordance with § 5 of the Federal Nursing Money Act-BPGG, BGBl. N ° 110/1993, for a period of at least one month up to three months. In principle, such an agreement may only be concluded once per person to be cared for or to be cared for. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the care caregivers is permitted once. The agreement of the nursing care is also permitted for the care and care of demencially ill or minor close relatives, provided that the care allowance is available from the level 1 at the time of the arrival of the nursing care caregivers. If the service provider has already started a nursing care, the agreement of a part-time care part-time for the same person to be cared for is inadmissible.

(2) The agreement referred to in paragraph 1 shall contain the beginning and duration of the caregivers ' care. In the case of the mutual care agreement, consideration shall be given to the interests of the service provider or the service provider and to the requirements of the company. In establishments in which a works council responsible for the service provider or the service taker is set up, it shall be accompanied by the negotiations at the request of the service provider or of the service provider.

(3) The service provider or the service provider shall be entitled to resign after the service has been resigned after


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative or of the close relative. The resignation may not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) The service provider shall retain the right to other, in particular one-time, remuneration within the meaning of Section 67 (1) of the Income Tax Act 1988-EStG 1988, BGBl. N ° 400/1988, in the calendar years, in which periods of care are covered, to the extent that corresponds to that part of the calendar year in which no such periods are covered. This does not affect the regulations which are more favourable to the service provider or the service taker. Unless otherwise agreed, the time of nursing care shall not be taken into consideration in the case of legal claims on the part of the service provider or of the service provider, which are based on the duration of the service period. The period of nursing care is not to be counted on the duration of the apprenticeship period.

(5) Fallen in the respective year of service times of a nursing care, shall be due to a holiday, insofar as this has not yet been consumed, to the extent that corresponds to the year of service shortened by the duration of the nursing care. If parts of hours result in the calculation of the holiday extent, they are to be rounded up to hours.

(6) For the duration of an employment ban in accordance with the MSchG, a Karenz according to the MSchG or VKG, a presence service according to § 19 or a training service according to § § 37 et seq. of the German Wehrgesetz 2001-WG 2001, BGBl. I n ° 146/2001, or civil service pursuant to Section 6a of the Civil Service Act 1986-ZDG, BGBl. No 679/1986, the agreement on caring for carers is ineffective.

(7) If the service relationship is terminated during a care carer, in the calculation of the copy in accordance with § 92b the annual fee due for the last year before the start of the care allowance is calculated, in the case of calculation of the replacement performance according to § 55, the to take due charge last month prior to the arrival of the care.

Care Part Time

§ 7c. (1) In the event of the conditions laid down in Section 7b (1), the service provider or service provider and service provider may write down a reduction of the weekly normal working time of the service provider for the duration of at least one of the following: Arrange a month up to three months. The weekly normal working hours agreed in the care part-time must not be less than ten hours. In principle, such an agreement may only be concluded once per person to be cared for close relatives or close relatives who are to be cared for. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the part-time care period is allowed once.

(2) The agreement referred to in paragraph 1 shall contain the beginning, duration, extent and position of part-time employment, taking into account the operational interests and the interests of the service provider or the service provider. In establishments in which a works council responsible for the service provider or the service taker is set up, it shall be accompanied by the negotiations at the request of the service provider or of the service provider.

(3) The service provider or the service taker shall be entitled to return early to the original normal working hours after


1.		Admission to in-patient care or care in nursing homes and similar facilities,
2.		not only temporary takeover of care or care by another caregiver, and
3.		Death
of the close relative or of the close relative. The return shall not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) Fallen in a calendar year also periods of part-time care, fees paid by the employee or the service taker other, in particular one-time remuneration within the meaning of § 67 (1) of the EStG 1988 in the case of full-time and part-time employment Extent in the calendar year.

(5) For the duration of an employment ban in accordance with the MSchG, a Karenz according to the MSchG or VKG, a presence service in accordance with § 19 or a training service pursuant to § § 37 ff WG 2001 or a civil service according to § § 19 6a ZDG is the agreement for the part-time period of care ineffective.

(6) If the service is terminated during a part-time period of care, the calculation of the clearance according to § 92b shall be the annual charge due for the last year prior to the start of the maintenance part-time, in the case of the calculation of the replacement performance in accordance with § 55 shall be based on the payment due last month prior to the time of the maintenance part-time. "

2. Instead of § § 60 to 61 with headlines, the following provision and headline shall take place:

" Employment of children and young people

§ 60. The Children's and Young People's Employment Act 1987-KJBG, BGBl. No 599/1987, shall apply. '

3. In § 70 paragraph 1 Z 2 lit. d becomes the quote "§ § 60, 60a or 60b" through the phrase "Provisions of the KJBG" replaced.

(4) The following paragraph 16 is added to § 93:

" (16) § § 7b and 7c together with transcripts in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. "

Article 8

Amendment of the Federal Equal Treatment Act

The Federal Equal Treatment Act-B-GlBG, BGBl. N ° 100/1993, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. In § 2 para. 5, after the quote "Contract Order Act 1948" the phrase " People in a court practice according to the law-practice law, BGBl. N ° 644/1987, ' inserted.

2. § 20 (5) reads:

" (5) The competence of the service authorities in proceedings concerning the assertion of claims for compensation by civil servants is governed by the Act of Procedure 1984, Federal Law Gazette (BGBl). No 29/1984, and the regulations adopted for that purpose. '

(3) In § 20, the following paragraph 5a is inserted:

"(5a) In a procedure for violation of the equal treatment bid, the service authority or the court must deal with an opinion of the Federal Equal Treatment Commission on a case-by-case basis and give reasons for a deviating result."

4. In Section 20, Section 6, after the quote " 1 to 4 " the phrase "until the decision of the Federal Equal Treatment Commission" inserted.

§ 20a reads as follows:

" § 20a. In so far as a person concerned is based in court on a case of discrimination within the meaning of this Federal Law, it has to make it possible to establish facts which suggest that there is direct or indirect discrimination. The defendant or the defendant shall be responsible for proving that there is no breach of the principle of equal treatment. "

6. In § 39 paragraph 2 Z 5, after the word "Ressorts" the phrase " In so far as the departure from the staff level of the department does not result in a change of responsibilities for the affairs of the Federal Equal Treatment Commission by a change of the Federal Ministries Act 1986-BMG, BGBl. N ° 76/1986, inserted.

7. The following paragraph 23 is added to § 47:

" (23) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 39 (2) (5) with 13 February 1993,
2.		§ 2 (5), § 20 (5), (5a) and (6) and § 20a (1). Jänner 2014. "

Article 9

Amendment of the Pension Act 1965

The Pension Act 1965-PG 1965, BGBl. No 340/1965, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. In § 1 (12), the second sentence is deleted.

§ 1b of the last sentence of the sentence is:

§ § 14 to 15e, 17, 19, 21, 24, 25, 25a, 26, 46, 47, 48, 49, 52, 56, § 62 para. 1 and 2 Z 1, § 75, § 77 (2) and § 103 (2). "

3. In § 4 (1) Z 1, first sentence, after the word order "to be determined in the current version" the phrase "whereby the actual remuneration is decisive instead of the position of remuneration (§ 22 sec. 2 Z 1 GehG)" inserted.

4. § 5 (4) Z 2 reads:


" 2.		if the retirement pension is mainly due to a service accident or a number of service accidents (§ § 90 and 91 of the Civil and Accident Insurance Act-B-KUVG, BGBl. No 200/1967) or an occupational disease, and the civil servant or the official on the basis of this accident or accident or occupational disease or occupational disease has become legally binding by the competent accident insurance institution. or an increase in an already existing earnings pension according to the B-KUVG. The legally established right to a pension pension must exist at the time of the retreat, if necessary due to retroactive recognition of the pension. If the right to a pension pension (raising of the pension pension) falls retroactively away at the latest with effect from the date of the retreat, the reduction referred to in paragraph 2 shall be retroactively carried out and the consequent reduction shall be based on § 40. -to offset the federal demand against future recurring services. Therefore, the official or the official should not be entitled to (increased) pension pension on the grounds of the incapacity for service (service accidents) or the occupational disease causing incapacity for invalidity, because it or he already has The right to a full pension shall not, however, be reduced in accordance with paragraph 2 if the insurance institution certifies to the public servant of the pension authority that this service accident (service accidents) or this occupational disease is for itself a To reduce the ability to work to the extent of at least 10%. Accidents at work or accidents at work and occupational diseases which have been incurred in any other service or training relationship with a local authority shall be considered as service accidents and occupational diseases in accordance with § § 90 to 92 B-KUVG and therefore due to due consideration Accident or earnings pensions as a retirement pension according to the B-KUVG. Service damages and employment pensions according to the Army Supply Act-HVG, BGBl. No. 27/1964, are service accidents and earnings pensions in accordance with the B-KUVG. "

5. § 9 reads:

" § 9. (1) A civil servant or a civil servant who has been retired due to permanent invalidity shall not be entitled to the total period of service required for the entitlement to a pension on the level of the pension based on the pension. to be added for a further period of time during the total service period.

(2) The period between the date on which the retirement is effective and the end of the month on which the official or official would have reached the statutory retirement age shall be calculated at most, however, for ten years.

(3) The pension shall not exceed the basis of the pension for rest by means of the offsetting. "

6. In § 19 para. 4a Z 3 lit. b becomes the word "Election Child" by the expression "Choice or stepchild" replaced.

7. In § 59 sec. 2 Z 1 the expression "50b" by the expression "50b, 50e" replaced.

8. In § 93 (5) Z 1 the expression "50b" by the expression "50b, 50e" replaced.

9. In § 93 (13) the expression "50b" by the expression "50b, 50e" replaced.

10. In accordance with § 98a, the following § 98b with headline is inserted:

" Transitional provision to the Novelle BGBl. I No 120/2012

§ 98b. § § 50 and 51 in the version valid until the end of December 31, 2012 are in the case of convictions for offences committed before the 1st of December 2012. January 2013 was committed to continue to apply. "

11. In § 99 (3) in the version BGBl. I n ° 35/2012 is the expression "Section 15 (2)" by the expression "§ § 6 (3) and 15 (2)" replaced.

(12) The following paragraph 77 is added to § 109:

" (77) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 9 with 31 December 2010,
2.		§ 5 (4) (2) (2) with 1. Jänner 2011,
3.		§ 98b together with the title of 1. Jänner 2013,
4.		§ 1b and § 19 paragraph 4a Z 3 lit. b with 1 August 2013,
5.		§ 1 (12), § 4 (1) (1) (1), § 59 (2) (1) (1), (5) (1) and (13) and section 99 (3) with 1. Jänner 2014. "

Article 10

Amendment of the Federal Theatterpensionsgesetz

The Federal Theatre Pensions Act-BThPG, BGBl. No 159/1958, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 5b (4) (2) (2) last sentence reads:

" Work or service accidents and occupational diseases which have been incurred in any other service or training relationship with a local authority or to the Austrian Federal Theatres or their legal successor shall be considered as service accidents. and occupational disease according to § § 90 to 92 B-KUVG and therefore due accident rents or earnings pensions as earnings pensions according to the B-KUVG. "

" 1a. The following sentence shall be added to section 18h (1):

"The minimum age cited in the table is the statutory retirement age of the federal theatre officials."

1b. In § 18i para. 1 the word order shall be " no substitute performance in accordance with § 10 of the Vacation Act, BGBl. N ° 390/1976 ' d The word sequence " a substitute performance in the appropriate application of § 13e of the salary law, BGBl. No. 54/1956 " ""

2. In § 19 (3) in the version BGBl. I n ° 35/2012 is the expression "Section 15 (2)" by the expression "§ § 6 (3) and 15 (2)" replaced.

" 3. The following paragraph 42 is added to Article 22:

" (42) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		§ 18h (1) and § 18i (1) (1) with 2 August 2004,
2.		§ 5b (4) (2) (2) last sentence with 1. Jänner 2011,
3.		Section 19 (3) with 1. Jänner 2014. "

Article 11

Amendment of the Bundesbahn-Pension Act

The Bundesbahn-Pension Act-BB-PG, BGBl. No 86/2001, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 1b of the last sentence is:

"§ § 13 to 14e, 16, 18, 20, 22, 23, 24, 42, 44, 49 and § 70 (2)."

2. In § 18 para. 4a Z 3 lit. b becomes the word "Election Child" by the expression "Choice or stepchild" replaced.

(3) The following paragraph 32 is added to § 62:

" (32) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		§ 1b and § 18 para. 4a Z 3 lit. b with 1 August 2013,
2.		Section 66 (3) with 1. Jänner 2014. "

4. In § 66 (3) in the version BGBl. I n ° 35/2012 is the expression "Section 15 (2)" by the expression "§ § 6 (3) and 15 (2)" replaced.

Article 12

Amendment of the law on tendering for 1989

The Law on Tendering 1989-AusG, BGBl. No. 85/1989, as last amended by the Federal Law BGBl. I n ° 138/2013, shall be amended as follows:

1. § 1 (2) reads:

"(2) Innationals referred to in paragraph 1 shall be treated as persons with unrestricted access to the Austrian labour market."

2. The following paragraph 4 is added to § 2:

" (4) If the management of a group in a central office is to be connected to the management of one of the departments assigned to it, the invitation to tender for the group management shall be replaced by sections III to V of section Va, if appropriate, if: the workstation of the functional group 7 is assigned to the use group A 1 or M BO 1 or the functional group 12 of the use group E 1. The second sentence of Article 15b (2) shall apply with the proviso that the relevant section shall be replaced by the relevant section. "

3. In § 24 Z 1, the word order shall be "according to point 5 of the general part of the establishment plan, annex II of the federal financial law applicable to the financial year concerned" through the phrase "pursuant to § 7 of the Personnel Plan, annex IV of the Federal Finance Law applicable to the financial year concerned" replaced.

(4) The following paragraph 9 is added to § 90:

" (9) § 2 para. 4 in the version of the Federal Law BGBl. I n ° 210/2013 will enter into force on 1 March 2014. "

Article 13

Amendment of the Federal Personnel Representation Act

The Federal Personnel Representation Act, BGBl. No. 133/1967, as last amended by the Federal Law BGBl. I No 82/2013, shall be amended as follows:

1. In § 13 para. 1 Z 1 lit. a in the version BGBl. I n ° 120/2012 the word order "The Operations Command Cobra" through the phrase "Special Forces Command Cobra/Directorate for Special Forces" replaced.

§ 41b, together with the title in the version BGBl. I No 82/2013 is:

" Personnel and expenses

§ 41b. (1) The Federal Chancellery has to pay for the material requirements of the supervisory authority.

(2) The Federal Chancellor or the Federal Chancellor shall be responsible for providing appropriate, right-handed writers for the negotiations before the supervisory authority.

(3) The members of the supervisory authority shall be entitled to the replacement of the journey (journey) in accordance with the travel fees regulations of the federal government. They shall also be entitled to a remuneration corresponding to the time and work expenses, which is to be determined by the Federal Chancellor or the Federal Chancellor. "

3. According to § 42i in the version BGBl. I n ° 82/2013 the following § § 42j, 42k and 42l shall be inserted together with the headings:

" Continuation of the business on the occasion of the establishment of the special unit Operations Command Cobra/Directorate for Special Forces

§ 42j. For the rest of the legal service life of the personnel representative bodies, the scope of action of the Federal Criminal Police Office, the Cobra mission command and the Federal Office for the Protection of the Constitution and the Counter-Terrorism on 31 December 2013 is extended. shall continue to apply also to the staff assigned in each of these areas of the special unit Operations Command, Cobra/Directorate for Special Operations, on a permanent basis, with the proviso that the competent service manager shall be responsible for the or responsible Head of Service, the respective head or the respective head of the Special Operations Command Cobra/Directorate for Special Units.

Pending proceedings at the Personnel Representation Supervisory Commission

§ 42k. At the time of the entry into force of the Federal Law BGBl. I n ° 210/2013 in accordance with the provisions of this Federal Law in the version of the Federal Law BGBl (Federal Law Gazette), pending proceedings are pending before the Supervisory Commission. I No 210/2013 shall be continued by the Supervisory Authority. The Supervisory Board shall be deemed to have been made to the Supervisory Authority by the Supervisory Board of the Supervisory Authority. The provisions of the Administrative Court Transitional Law, BGBl. I No 33/2013, shall remain unaffected. After the termination of the proceedings before the Constitutional Court with regard to the decision of the Personnel Representation Supervisory Commission, the proceedings shall be continued by the Supervisory Authority.

Organisational measures to be taken on the occasion of the establishment of the Personnel Management Authority

§ 42l. The measures necessary for the immediate inclusion of the work of the supervisory authority (such as the organisational and personnel measures necessary for the appointment of the members of the supervisory authority) may already be taken into account. at the end of the day of the presentation of the Federal Law BGBl. I No 82/2013. '

4. The following paragraph 36 is added to § 45:

" (36) In the version of the Federal Law BGBl. I No 210/2013 enter into force:


1.		Section 42l, together with the title of 24 May 2013,
2.		§ 13 para. 1 Z 1 lit. a and § § 41b, 42j, 42k together with the headings 1. Jänner 2014. "

Article 14

Amendment of the Act of Procedure for the Law of the Law 1984

The Act on the Law of Procedure 1984-DVG, BGBl. N ° 29/1984, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

(1) The following paragraph 5 is added to § 9:

"(5) The head of a service, who is not at the same time a service authority, has to issue her or his communication within the meaning of Section 2 (4) of this Federal Act as a duty-related mandate."

2. In § 18 (1), after the word order " according to § 2 para. 2 second sentence in the version of the Federal Law BGBl. I No 6/2010 " the phrase " or in accordance with § 2 para. 3 in the version of the Federal Law BGBl. I No 120/2012 " inserted.

3. The following paragraph 3 is added to § 18:

" (3) Regulations which, in accordance with § 2 para. 2, as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 6/2010 have been adopted. '

4. The following paragraph 9 is added to § 19:

" (9) § 9 (5) and § 18 (1) and (3) in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. "

Article 15

Change of the foreign allowance and assistance law

The foreign allowance and assistance law-AZHG, BGBl. I n ° 66/1999, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. In § § 15a and 30, the second sentence is deleted.

(2) The following paragraph 15 is added to § 32:

" (15) § § 15a and 30 in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. "

Article 16

Amendment of the Military Vocational Training Act 2004

The Military Vocational Training Act 2004-MilBFG 2004, BGBl. I n ° 130/2003, as last amended by the Federal Law BGBl. I No 153/2009, shall be amended as follows:

1. § 3 (3) reads:

" (3) An early termination of the service in accordance with § 151 (4) (2) and (3) of the Civil Service Law 1979-BDG 1979, BGBl. No. 333/1979, or in accordance with Section 32 (2) (1) and (3) of the Act on the Law of the Contract 1948-VBG, BGBl. No. 86/1948, as well as in accordance with § 52 of the Army disciplinary law 2002-HDG 2002, Federal Law Gazette (BGBl). I n ° 167/2002, the loss of the right to professional development shall be withdrawn. '

2. § 4 (1) reads:

"(1) The responsibility for the omission of charges pursuant to this Federal Act shall be the responsibility of the locally competent military command, unless expressly stated otherwise."

3. § 8 (1) Z 4 reads:


" 4.		the performance of a presence service as a military exercise, as an operational presence service, as an extraordinary exercise, as a boost presence service or as an international application service in accordance with § 19 of the Wehrgesetz 2001-WG 2001, Federal Law Gazette (BGBl). I No 146/2001. '

4. The following paragraph 3 is added to § 14:

" (3) § 4 in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. "

Article 17

Amendment of the Federal Order for the Protection of Services

The Federal Service Protection Act-B-BSG, BGBl. I n ° 70/1999, as last amended by the Federal Law Gazette (BGBl). I No 120/2012, shall be amended as follows:

1. In the table of contents, the entry to § 4 of the parenthesis "(workplace evaluation)" , and in the entry to § 82 the word "Maladministration" by the word "Defects" replaced.

2. In § 2 para. 10, the word "Preparations" by the words "Mixtures (preparations)" replaced.

(3) The following second sentence shall be added to Article 2 (11):

"The dangers within the meaning of this federal law are to be understood as meaning work-related physical and mental stress which leads to misloads."

(4) In § 2, the following paragraph 11a is inserted:

"(11a) In the sense of this federal law, health is to be understood as physical and mental health."

Section 2 (13) reads as follows:

"(13) Where personal names are not yet formulated in a gender-neutral manner in this federal law, the chosen form shall apply to both sexes."

6. In § 3 (1), third sentence, the word order shall be "Sittlichkeit" through the phrase "as well as integrity and dignity" replaced.

7. In the heading to § 4, after the word "Measures" the parenthesis expression "(workplace evaluation)" added.

8. § 4 (1) second sentence is replaced by the following sentences:

" The principles of risk prevention shall be applied in accordance with § 7. In particular, account shall be taken of: "

9. In Section 4 (1) Z 5, the word shall be given at the end "and" shall be replaced by a dash and replace Z 6 with the following provisions:


" 6.		the design of the work tasks and the nature of the activities, the working environment, the work processes and the organisation of work; and
7.		the state of training and training of staff members. "

10. In Section 4 (5), the following Z 2a is inserted after Z 2:


" 2a.		After incidents with increased work-related mental stress, "

11. In § 4 (6), in the second sentence, the word "occupational physicians" through the phrase "occupational physicians and other suitable specialists, such as chemists, toxicologists and toxicologists, ergonomists and ergonomists, but especially occupational psychologists," replaced.

12. In § 7 the following Z 4a is inserted after Z 4:


" 4a.		Taking into account the design of the tasks and types of activities, the working environment, the work processes and the organisation of work, "

13. In § 7 Z 7, after the expression "Technology," the phrase "Activities and tasks," , after the expression "Labour Organisation," the expression "Work flows," and after the expression "Working conditions," the expression "Working Environment," inserted.

14. The following sentence shall be added to § 10 (1):

"Security trusts shall be representatives of staff with a special function in the safety and health of staff."

15. In § 15 (1) the word shall be "Sittliness" through the phrase "Integrity and dignity" replaced.

16. In § 23 (5) the second sentence reads:

"They must be firm, slip-proof and slip-proof."

17. The following paragraph 7 is added to § 40:

' (7) Insofar as the working materials are in accordance with Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1272/2008. 1907/2006 (CLP Regulation), OJ L 327, 28.12.2006 No. 1), they are subject to the provisions of this Federal Act and of the regulations issued thereto, as well as the provisions adopted pursuant to the provisions of this Act (9). Section of this federal law further legislation with the following measures:


1.	Provisions applicable to working materials with explosive properties also apply to working materials
a.		the 1. Hazard class (explosive substances/mixtures and products with explosives), other than subclasses 1.5 and 1.6,
b.		of the 8. Hazard class A and B (self-decomposing substances and mixtures),
c.		of the 15. Hazard class type A and B (organic peroxides);
2.	Regulations for working materials with oxidizing properties also apply to working materials of 4., 13. and 14. Hazard class (oxidising gases, liquids and solids);
3.	Regulations for working materials with flammable properties also apply to working materials
a.		of the 6. Hazard class (flammable liquids) hazard category 3,
b.		of the 7. Hazard class (flammable solids),
c.		of the 15. Hazard class (organic peroxides) Type C to F;
4.	Regulations for working materials with slightly flammable properties also apply to working materials
a.		of the 6. Hazard class (flammable liquids) hazard category 2,
b.		of the 8. Hazard class types C, D, E and F,
c.		the 9. and 10. Hazard class (pyrophoric liquids and pyrophoric solids),
d.		of the 11. Hazard class (self-heating-capable substances or mixtures),
e.		of the 12. Hazard class (substances or mixtures which develop flammable gases in contact with water) Class 2 and 3,
F.		of the 15. Hazard class types C, D, E and F;
5.	Regulations for working materials with highly flammable properties also apply to working materials
a.		the second hazard class (flammable gases),
b.		the 3. Hazard class (flammable aerosols),
c.		of the 6. Hazard class (flammable liquids) hazard category 1,
d.		of the 12. Hazard class (substances or mixtures which develop flammable gases in contact with water) hazard category 1;
6.	Provisions applicable to working materials with toxic properties also apply to working materials
a.		of the 17. Hazard class (acute toxicity) hazard category 1 to 3,
b.		of the 24. and 25. Hazard class (specific target organ toxicity in case of single or repeated exposure), hazard category 1 and category 2,
c.		of the 26. Hazard class (aspiration hazard);
7.	Provisions applicable to working materials with harmful properties also apply to working materials
a.		of the 17. Hazard class (acute toxicity) hazard category 4,
b.		of the 24. Hazard class (specific target organ-single exposure toxicity) hazard category 3;
8.	Regulations for working materials with corrosive properties also apply to working materials
a.		of the 18. Hazard class (etch effect on the skin) Hazardous categories 1A, 1B and 1C,
b.		of the 19. Hazard class (severe eye damage) hazard category 1;
9.	Regulations for working materials with irritant properties also apply to working materials
a.		of the 18. Hazard class (irritable effect on the skin) hazard category 2,
b.		of the 19. Hazard class (severe eye irritation) hazard category 2,
c.		of the 24. Hazard class (specific target organ-single exposure toxicity) hazard category 3;
10.	Provisions relating to working materials with sensitising properties also apply to working materials of the 20. Hazard class (sensitisation of the respiratory tract or the skin);
11.	Regulations for working materials with mutagenic properties also apply to working materials of the 21. Hazard class (germ cell mutagenicity);
12.	Regulations for working materials with carcinogenic properties also apply to working materials of the 22. Hazard class (carcinogenicity);
13.	Provisions for working materials with toxic properties for reproduction also apply to working materials of the 23. Hazard class (reproductive toxicity). "

18. In Section 41, Section 4, Z 1, the quote shall be " Plant Protection Products Act 1997, BGBl. I No 60/1997 ' by quoting " Plant Protection Products Act 2011, BGBl. I No 10 " and the quote " Waste Management Act (AWG), BGBl. No. 325/1990 " by quoting " Waste Management Act 2002-AWG 2002, BGBl. I No 102/2002 replaced.

19. In § 52 Z 5 the word order is deleted "in two-way design" .

20. In Section 56 (1) and (2) as well as in Section 73 (1) (3) and (2), the designation of the "Ressort" shall be "Economy and Work" By using the resort label "Labour, Social Affairs and Consumer Protection" replaced.

21. In Section 56 (2), the word order shall be "to submit, on request, the Heads of Service and other Federal staff members" through the phrase "to publish on the Internet" replaced.

22. In § 57 (6), in each case before the words "Doctors" , "Doctors" and "Doctor" the word "authorized" .

Section 60 (2) reads as follows:

" (2) Work processes shall be designed in such a way as to avoid forced holding and to avoid burdens due to monotonous work processes, one-sided loading, loads by cycle-based work and time pressure, as well as other psychological stresses. as low as possible and mitigate their health-damaging effects. "

24. In § 62 (5), the phrase "demonstrate the necessary expertise" through the phrase "possess technical knowledge" replaced.

25. In § 62 (7), after the word order "Activities within the meaning of (2) to (5)" the phrase " , except driving cranes and forklifts, " inserted.

26. In § 67 (5) (4), the word "are" by the word "is" replaced.

27. In § 76 (3), the name of the resort shall be: "Social Affairs and Consumer Protection" By using the resort label "Health" replaced.

28. In § 80 (1) the second sentence reads as follows:

"Preventive specialists shall, at their request, have the institutions of the labour inspectorate inspect these documents or submit copies of such documents."

29. In § 80, paragraph 3, the phrase in the first sentence shall be: "If there is no work-protection committee, then the preventive experts" through the phrase "The preventative experts have" replaced.

30. In the title of § 82 as well as in § 82 (1) and (3), the word shall be "Maladministration" or "Maladministration" by the word "Defects" or "Defects" replaced.

31. In § 84 (3) (3) (3) the word "Head" through the phrase "Head or Head, or her or her representative, or his representative" replaced.

Section 94 (3) reads as follows:

" (3) § 3 of the Regulation of the Federal Minister of Social Affairs of 29 November 1976 concerning employment bans and restrictions on female workers, BGBl. No 696/1976, with the proviso that the reference to special medical examinations provided for in the Regulation of 14 December 1973 of the Federal Minister of Social Affairs of 14 December 1973 on the health suitability of workers for certain categories of workers Activities, BGBl. No. 39/1974, by a reference to aptitude tests and follow-up examinations in accordance with the Federal Government's Regulation on health surveillance at the workplace-B-VGÜ, BGBl. II No 15/2000. '

Section 98 (2) reads as follows:

" (2) Until the entry into force of a regulation under this Federal Act, which regulates the corresponding subject matter, § 41 (8), § 59 (1) to (7), 8 with the exception of the last sentence, paragraphs 9 to 12, 14 and 15 as well as § 60 para. 1 to 3 and 10 to 12 AAV as federal law. "

34. § 98 (8) is deleted.

35. In § 99 (5) the citation shall be made in the second sentence "§ 16 (3), (4), (5), first sentence and (6) to (11)" by quoting "§ 16 (4), (5), (6) and (7) and 9 to 11" , the quote "§ 52 (3) to (6)" by quoting "§ 52 (4) to (6)" , the quote "§ 54 (2) to (9)" by quoting "§ 54 (6)" and the quote "§ 55 (2) to (10)" by quoting "§ 55 (2) to (5) and (7) to 10" replaced.

36. § 101 (3) and (5) (4) deleted.

37. In § 101 paragraph 5 Z 1, the quote "§ 48 (4) and (5) AAV" by quoting "§ 48 (5) AAV" replaced.

38. In Section 101, Section 5, Z 3, the quote shall be "§ 62 para. 1 to 3 AAV" by quoting "§ 62 para. 2 second sentence and para. 3 AAV" replaced.

39. In § 101 (5) Z 6, the quote shall be § § 66 to 72 AAV " by quoting "§ 66, 67 (3) and § § 68 to 72 AAV" replaced.

40. § 102 (3) is deleted.

41. In § 104 (1) the word order is deleted "the General Service Protection Regulation (ADSV) or" .

(42) The following paragraph 10 is added to § 107:

§ 4, § 4, para. 1, 5 and 6, § 7 Z 4a and 7, § 10 para. 1, § 15 para. 1, § 23 para. 5, § 40 para. 7, § 41 paragraph 4 Z 1, § 52 Z 5, § 56 Paragraph 1 and 2, § 57 (6), § 60 (2), § 62 (5) and (7), § 67 (5) Z 4, § 73 (1) (3) and (2), § 76 (3), § 80 (1) and (3), the title of § 82, § 82 (1) and (3), § 84 (3) (3), § 98 (2), § 99 (5) and § 101 (5) Z 1, 3 and 6. in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. Section 101 (3) and (5) Z 4 shall take place at 1. Jänner 2014 out of force. "

Article 18

Amendment of the bridging aid law

The Bridging Aid Act-ÜHG, BGBl. No 174/1963, as last amended by the Federal Law BGBl. I n ° 63/2010, shall be amended as follows:

1. In Section 1 (1), the word sequence shall be deleted. "the service" .

2. In accordance with § 12, the following § 13 is inserted:

" § 13. § 1 (1) in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2013 in force. "

Article 19

Amendment of the Postal Structure Act

The Postal Structure Act-PTSG, BGBl. N ° 201/1996, as last amended by the Federal Law BGBl. I No 51/2012, shall be amended as follows:

1. In § 17 (9), after the word "Disciplinary matters" the phrase "and in proceedings before the Federal Administrative Court" is inserted and the expression "the 9th section" by the expression " the 8th section and the 9th. Section " replaced.

2. In § 17 (9) Z 5 the expression "the Disciplinary Commission" by the expression "the Federal Administrative Court" replaced.

Section 17 (10) is deleted.

4. In Section 17a (8), the quote shall be: "§ 273 (1)" by quoting "§ 278 (1)" replaced.

5. The following paragraph 9 is added to § 24:

" (9) § 17 (9) in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. Section 17 (10) enters into force with 1. Jänner 2014 out of force. "

Article 20

Amendment of the Act on Legal Practice

The law-making law-RPG, BGBl. No 644/1987, as last amended by the Federal Law BGBl. I No 119/2013, shall be amended as follows:

1. § 22 shall be repealed.

2. § 27 reads:

" § 27. The General Administrative Procedure Act 1991-AVG, BGBl, is based on the procedures to be carried out under this Federal Act. No 51/1991. The competent authority shall be the President or the President of the Higher Regional Court. Complaints against any complaints which the exclusion of the judicial practice or with which the training contribution will be reduced do not have suspensive effect. "

3. In § 29, the following paragraph 2h is inserted after subsection 2g:

" (2h) The one with the Federal Law BGBl. I n ° 210/2013 the repeal of § 22 will be 1. Jänner 2014 effective. § 27 in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. "

Article 21

Amendment of the Court of Justice Act

The Court Organization Act-GOG, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I No 119/2013, shall be amended as follows:

1. The heading of the Second Section reads:

"Ordinary courts"

1a. According to § 97, the following § 97a is inserted:

" § 97a. (1) The former head of the district court of Enns is to be appointed from office to a planning office for judges in district or regional courts of the Upper Austrian Federal Republic of Austria. ,

(2) Before this translation, the Federal Minister for Justice has to obtain an expert opinion from the staff senate (outside senate) of the Higher Regional Court of Linz on the court to which this translation is to be made.

(3) Measures referred to in paragraphs 1 and 2 shall be admissible within six months from the date of entry into force of this provision. "

(2) The following paragraph 18 is added to § 98:

" (18) The title of the Second Section in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. § 97a in the version of the Federal Law BGBl. I n ° 210/2013 will be 1. Jänner 2014 in force. Administrative preparatory measures may be taken prior to the entry into force of this Federal Law. "

Fischer

Faymann

Service Law Amendment 2013

Original Language Title: Dienstrechts-Novelle 2013

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