Labour Law Amendment Act 2015

Original Language Title: Arbeitsrechts-Änderungsgesetz 2015

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995944/arbeitsrechts-nderungsgesetz-2015.html

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152. Federal law, with which the labour contract law adjustment Act, the employees act, the estate employees act, the Bauarbeiter Urlaubs - severance Act, operating pension law, the working time Act, the work in peace law and the children - and youth employment Act be 1987 changed (Labour Law Amendment Act 2015)

The National Council has decided:

Table of contents



Art.
Item 1 amendment to the labor contract law adjustment Act 2 change of the salaried employees Act 3 change of the estate employees Act 4 change of Bauarbeiter Urlaubs - and clearance Act 5 amendment of the operating pension Act 6 amendment of the working time Act 7 amendment of the work in peace Act 8 change of children's and youth employment act 1987



Article 1

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, as last amended by the Federal Act, Federal Law Gazette I no. 94/2014, is amended as follows:

1 § 2 para 2 Z 9 is:



"9 the amount amount of basic salary or pay, additional remuneration elements such as such as special payments, due date of the payment," 2. § 2 para 5 is:

"(5) the information referred to in paragraph 2 Z 5, 6, 9 (except the information to the basic salary or - salary), 10 and 11 and paragraph 3 can Z 2-4 also by reference to the provisions applicable to the employment relationship in laws or norms of collective right design or operating common applied travel policy be made."

3. paragraph 2 paragraph 6:

"(6) any change in the information referred to in paragraph 2 and 3 is the workers without delay, but no later than one month after their effectiveness in writing, unless the change



1 carried out by change of laws or standards of the collective right design was referenced in accordance with paragraph 5, or affecting the basic salary or salary - or 2. arises directly from the time-dependent service revolting in the same usage or profession of the applicable norm of collective legal design."

4. paragraph 2c together with the heading:

"Competition clause

§ 2c. (1) an agreement that limits / the worker on whose employment the employee law (AngG), Federal Law Gazette is no. 292/1921, not to apply, for the time after the termination of employment in the employment (competition clause), is effective only in so far as:



1. the employee at the time of conclusion of the agreement is not a minor;

2. the restriction relates to the activity of the worker or the worker in the business of the employer or the employer and exceed the period of one year do not; and 3 the limitation not to subject, time or place and contains in relation to the business interests that has the / the employer on their compliance with, an undue aggravation of the progress of the employee or of the employee.

(2) an agreement referred to in paragraph 1 is void if it is made within the framework of an employment relationship in which the remuneration due for the last month of employment no. 189/1955, does not exceed twenty times the maximum contribution basis according to article 45 of the General Social Insurance Act (ASVG), Federal Law Gazette. Any special payments shall be the determination of pay within the meaning of the first sentence aside.

(3) gave / the employer schuldbares conduct workers justified cause to the premature withdrawal or termination of the employment relationship which, so he or she can make the rights established by the competition clause against the worker does not assert.

(4) the same applies, if the / the employer triggers the employment relationship, unless that in this regard the / employee by schuldbares behavior justified given occasion or that / the employer at the resolution of the employment relationship has explained to afford pay least attention to him/her / the worker during the period of the restriction.

(5) a case of action against against the competition clause agreed penalty is effective only to the extent it does not exceed six times of the net monthly amount due for the last month of employment. Any special payments shall be the calculation of the net payment within the meaning of the first sentence aside. Has promised the / workers of action against against the competition clause in case a contractual penalty, so which the employer can request only the forfeited penalty. The claim to comply with or to compensation for further damages is excluded."

5. § 2d para 3 No. 2 and no. 3 is:



"2. the employment relationship after more than four years, in special cases after more than eight years after the end of the training referred to in paragraph 1 or before deadline (time limit) has ended, and 3. the amount of the refund obligation not aliquot, calculated for each month of the distance is agreed from the time of the completion of training to the end of the permitted period of commitment,."

6. after paragraph 2d, 2 g along with headings inserted following paragraph 2e to section:

"Penalties

section 2e. Penalties are subject to mitigation by a judge.

Statement of remuneration

section 2f. (1) on the due date of the fee to submit a written, clear, comprehensible and complete settlement of pay and allowances is the / workers. The settlement can be made available / employee electronically.

(2) the employer has the / the workers promptly handed a copy of the application to the social security system in accordance with § 33 ASVG.

Pay in lump-sum remuneration arrangements

section 2 g. Contains the contract of employment or of service note the fee as total, which includes basic salary, or - salary and other remuneration components, without amount to lead the basic salary or salary within the meaning of § 2 para 2 No. 9, they has workers necessarily entitled to the basic salary or pay including the industry and local overpayments, which is due to comparable workers of comparable employers in the workplace (is - basic salary That is basic salary). Is salary or is basic salary is to consider calculating the to current remuneration elements, if the collective agreement as regards the calculation of remuneration components does not deviant, that should not preclude the mandatory statutory provisions."

7. According to article 15a, the following section is inserted 15B:

"section 15 b. (1) when one of the insurers under section 367, para 4 ASVG identified disability of an employee / an employee rest for the duration of the cover of rehabilitation money § 143a ASVG or retraining money § 39 b AlVG the mutual main obligations arising from the employment relationship of the employee / employee and employer the employer as well as the obligation of the employer / employer to the continuation of pay" , unless the employee / worker is within the meaning of section 4 paragraph 2 of the pay sick pay law, Federal Law Gazette No. 399/1974, for work explains.

"(2) section 15f paragraph 1 with the exception of the last sentence and paragraph 2 MSchG applies for the duration of the cover of rehabilitation money § 143a ASVG or retraining money pursuant to § 39 b AlVG, unless it is the employee / worker within the meaning of § 4 paragraph 2 explains EFZG for work."

8 § 19 para 1 31 following Z 32 to 36 shall be added after the Z:



"32. § 2 para 2 No. 9, para 5 and 6, § 2c, Article 2d par. 3 No. 2 and 3 and section 2e and headings in the version of Federal Law Gazette I no. 152/2015 contact the day following the announcement of this Federal Act in force and apply to be issued after the entry into force of new service list or newly completed agreements through a competition clause or the training costs return replacement;"

33. Article 2f and heading in the version of Federal Law Gazette I is no. 152/2015 January 1, 2016, in effect;

34. section I no. 152/2015 2 g along with heading as amended by Federal Law Gazette 1 January 2016 into force and applies to lump-sum remuneration agreements concluded after the entry into force of new;

35. § 15b as amended by Federal Law Gazette I no. 152/2015 effective with January 1, 2016;

"36. § 2 para 2 are Z 9 and 2 g in the scope of § 14 federal forest service regulations, BGBl. not applicable No. 298/1986,."

Article 2

Change of the salaried employees act

The employees act, Federal Law Gazette No. 292/1921, as last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1. paragraph 8 section 4:


"(4) female employees keep the claim to remuneration during six weeks after their birth. Them, developing the provisions of paragraph 1 shall apply from the time of childbirth. The no claims pursuant to the first and second sentence for times, while those is entitled to maternity benefit or sickness benefit after the General Social Security Act, Federal Law Gazette No. 189/1955. As well, these claims not exist if the employee before the employment ban No. 221/1979, on a leave after the MSchG or an leave agreed with the service to child care is after article 3, paragraph 1 or paragraph 3 of the maternity protection Act 1979 (MSchG), Federal Law Gazette. A claim for a grant of the employer to the sickness benefit is not affected."

2. According to Section 23a para 1 No. 2, following Nos. 3 and 4 shall be inserted:



"3. due to finding an expected to be at least six months continuous disability or disability due to the insurance institution under section 367, para 4 ASVG 4. in the case of inability to work in accordance with article 8, paragraph 1 and 2 or § 2 EFZG after end of entitlement to wages and after the end of the sick leave entitlement pursuant to § 138 ASVG during pending power dispute proceedings in accordance with § 354 ASVG about disability (§ 273 ASVG) or disability (§ 255 ASVG)."

3. § 36 para 2 is as follows:

"(2) an agreement is twenty times not exceeding maximum contribution basis ASVG according to § 45 according to para 1 ineffective, when applied in the context of a service relationship with the remuneration due for the last month of employment. Any special payments are in the determination of pay within the meaning of the first sentence aside."

4. paragraph 37 para 3:

"(3) a case of action against against the competition clause agreed penalty is effective only to the extent it does not exceed six times of the net monthly amount due for the last month of employment. Any special payments shall be the calculation of the net payment within the meaning of the first sentence aside. The a penalty promised to employees in the event of action against against the competition clause, so the / the employer may require only the forfeited penalty. The claim to comply with or to compensation for further damages is excluded."

5. According to article X paragraph 2 Z 11 be added following Nos. 12 and 13:



"12. the §§ 8 par. 4 and 23a para. 1 I will take no. 152/2015 Nos. 3 and 4 in the version of Federal Law Gazette 1 January 2016 effect."

Paragraph 3 of amended by Federal Law Gazette I no. 152/2015 become 13 § 36 para 2 and 37 with the day following the announcement of this Federal Act in force and are completed after the entry into force of new agreements on a competition clause."

Article 3

Change of the estate employees act

The estate employees act, Federal Law Gazette No. 538/1923, as last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1. According to § 22a para 1 No. 2, following Nos. 3 and 4 shall be inserted:



"3. due to finding an expected to be at least six months continuous disability or disability due to the insurance institution under section 367, para 4 ASVG 4. in the case of inability to work in accordance with article 8, paragraph 1 and 2 or § 2 EFZG after end of entitlement to wages and after the end of the sick leave entitlement pursuant to § 138 ASVG during pending power dispute proceedings in accordance with § 354 ASVG about disability (§ 273 ASVG) or disability (§ 255 ASVG)."

2 12 the following paragraph is added to in § 42 paragraph 11:



"12 § 22a para 1 Nos. 3 and 4 as amended by Federal Law Gazette I no. 152/2015 1 January 2016 into force."

Article 4

Amending Bauarbeiter Urlaubs - and clearance law

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, amended by Federal Law Gazette I no. 113/2015 is amended as follows:

1. in section 13a para 1 No. 10, the point is replaced by a semicolon and attached following Nos. 11 and 12:



"11. at finding an expected to be at least six months continuous disability due to the insurance institution under section 367, para. 4 ASVG;"

12. in the case of inability to work according to § 2 EFZG after end of entitlement to wages and after the end of the sick leave entitlement pursuant to § 138 ASVG during pending power dispute proceedings in accordance with § 354 ASVG about disability (§ 255 ASVG) "."

2. in article 13, c paragraph 5 the phrase "section 13a para 1 No. 1 to 5 and 7 to 10" is replaced by the phrase "section 13a para 1 No. 1 to 5 and 7 to 12".

3. § 40 31 the following paragraph is added:

"(31) §§ 13a para 1 No. 10 to 12 and 13 c paragraph 5 in the version of the Bundesgsetzes Federal Law Gazette I no. 152/2015 with with 1 January 2016 into force."

Article 5

Amendment of operating pension Act

The operating pension law - BPG, BGBl. No. 282/1990, as last amended by Federal Law Gazette I no. 34/2015, is amended as follows:

1. Article 16a para 3a is as follows:

"(3a) unless company pension obligations provide for an entitlement for the case of the cover of a temporary disability or disability pension, this claim also at finding a minimum six-month disability or disability by the insurer pursuant to section 367, para 4 is due to ASVG for the duration of the cover of rehabilitation allowance according to article 143a ASVG or retraining money pursuant to § 39 b of the unemployment insurance Act 1977, Federal Law Gazette No. 609/1977."

2. Article VI paragraph 1 following Z 14 is added:



"14 § 16a paragraph 3a in the version of Federal Law Gazette I no. 152/2015 with 1 January 2016 into force."

Article 6

Amendment of the working time act

The working time Act, Federal Law Gazette No. 461/1969, as last amended by Federal Law Gazette I no. 94/2014, is amended as follows:

1. in article 12 the label "(2c) get the previous para 2a and 2B" and (2d). Following new par. 2a and 2B are inserted:

"(2a) In the guest -, bar - and restaurant services the collective agreement can a reduction in the daily rest period to allow notwithstanding paragraph 2 for full-time workers and workers in cuisine and service of seasonal establishments during the season to at least eight hours under the condition, that the reductions are possible during the season to compensate for the season anyway, but after." The collective agreement has to be provided, to regulate that the reduction of the period of rest in its own account of the rest are, and the more detailed form in the sense of ensuring the recovery of workers and workers compensation.

(2B) season establishments within the meaning of paragraph 2a are due to the change of season,



have open 1 only at certain times in the year and other times closed keep, or no more than once or twice a year compared to other times significantly increased 2. business develop, causing an additional staff recruitment is necessary."

1a. the following paragraph 1a is inserted after article 15, paragraph 1:

"(1a) which collective contract may allow, that instead of steering break according to para 1 a driving break Insert No. 561/2006 is according to article 7 of Regulation (EC)."

2. the existing text of § 15 d receives the sales designation (1) and the following paragraph 2 is added:

"(2) for drivers and executives, 1960, Federal Law Gazette No. 159/1960, certified road supervisory bodies with the accompaniment of special transports be entrusted as according to § 97 para. 2 of the highway code, deviations are also permissible, referred to in paragraph 1 if it is necessary for the security of the transport of special cargo."

3. § 18e para 1 subpara 1 by following Z 1 and 1a replaced:



"1 on the EU part FTL referenced, is this a reference to the FTL section in annex III of the Regulation (EU) No. 965/2012 establishing technical requirements and administrative procedures in the flight operations in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ" No. L 296 of the 25.10.2012, p. 1, in its up-to-date version;

1a. on the EU part Q is referenced, this is a reference to the part of Subpart Q in annex III of Regulation (EC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures for civil aviation, OJ No. L 373 of 31.12.1991, p. 4, in its up-to-date version;"

4. section 18e para 2 Nos. 1 and 2 is:



"1. the block time 900 hours per calendar year, and 2. the working hours per calendar year 2 000 hours" 5 section 18e para 3 to 5 is replaced by the following paragraph 3 and 4:

"(3) for flying personnel carriers are also the following provisions apply:"



1. for flights in accordance with article 8 Z 1 of Regulation (EU) No. 965/2012 the EU section FTL, 2. for flights in accordance with article 8 No. 2 of the Regulation (EU) No. 965/2012 the EU section Q, 3. for all other flights annexes 1 and 2 of AOCV 2008 including Austrian implementing legislation.

(4) section 26 applies without prejudice to the obligations of recording 2008 envisaged in the EU - part sections FTL or Q or the AOCV."

6. after section 19d, subsection 2, the following paragraph 2a is inserted:


"(2a) the employer / employer has part-time workers/workers on the tender released in operation jobs, which may lead to a higher extent of working time, to inform. The information can also be done by General announcement anywhere suitable, easily accessible for the part-time workers in operation, through appropriate electronic data processing or by appropriate communication means."

7. in article 20, paragraph 1, the expression "20 b paragraph 3 to 5" is replaced by the expression "20 b paragraph 3 to 6".

8. in section 20B paragraph 1 is after the word "Period" the expression "within the meaning of para 2 to 5" inserted.

9 b is added the following paragraph 6 the article 20:

"(6) leaves workers / workers about job the employer / employer her / his place of work, to provide their other places work performance, a work service is provided but during the travel movement through arranged driving of a vehicle, which is not a main activity of workers / employees, may the daily working time through the travel movement up to twelve hours be extended."

10 paragraph 24 Z 5:



"5. the EU - part sections FTL or Q, or" 10a. According to § 26 para 2, the following paragraph 2a is added:

"(2a) a shortening of rest period within the meaning of § 12 is believed para 2a claim, is not allowed to the keeping of records of working time by the workers the workers referred to in paragraph 2. Has the employer / employer



1. in the working time records to note paragraph 2a and the beginning and the end of the season the use of § 12 and 2 to run an own account about the reduction of the rest period and whose compensation."

11 paragraph 27 subsection 3:

"(3) messages according to § 7 para 4 and § 20 para 2 are exempted from stamp and legal fees of the Federal Government."

12. in article 28, paragraph 1 Z 3 eliminates the expression ", 11 paragraph 8 or 10".

13. in article 28, paragraph 1, the comma is replaced in the Z 4 with a semicolon and eliminates the expression "or". At the end of the Z 5, the comma is replaced by a semi-colon and inserted following no. 6:



"6. the duty according to § 19d para 2a do not comply," 14. In § 28 para. 2 Z 1 is the expression "or section 20a para 2 No. 1" by the expression ", section 20a para 2 Z 1 or § 20 paragraph 6 b" replaced.

14A. § 28 para. 2 No. 3 is as follows:



"3. the daily rest period, the compensation for reduction of the rest period, as well as other prescribed compensation in accordance with § 12 para 1 to 2d, § 18a, § 18 para 1, § b 18 c para 1, § 18 d, § 18 g, 19a, paragraph 8, section 20a para 2 Z 2 or article 20 b paragraph 4 or rest period extensions in accordance with § 19a section 4, 5 or 8 or section 20a para 2 subpara 2 do not grant;"

15 § 28 para 7 (2) is:



"2. the EU - part sections FTL or Q including Austrian implementing legislation, or" 16. Be added following paragraph 30 and 31 article 34:

"(30) § 12, § 15 para 1, § 15 d, section 19d para 2a, article 20, paragraph 1, article 20 b paragraphs 1 and 6, § 26 para 2a, § 27 para. 3 and article 28, paragraph 1 and 2 in the version of Federal Law Gazette I no. 152/2015 with 1 January 2016 into force."

(31) section 18e para 1 No. 1 and 1a, para 2 Nos. 1 and 2 and paragraph 3 and 4, § 24 Z 5 and § 28 section 7 Z 2 as amended by Federal Law Gazette I no. 152/2015 with 18 February 2016 into force. At the same time. section 18e para 5 override"

Article 7

Amendment of the law of work in peace

The work in peace law, BGBl. No. 144/1983, as last amended by Federal Law Gazette I no. 91/2014, is amended as follows:

1. paragraph 19 paragraph 3a and 4:

"(3a) where in this Federal Act"



1 on the EU part FTL referenced, is this a reference to the FTL section in annex III of the Regulation (EU) No. 965/2012, laying down technical rules and administrative procedures in the flight operations in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ No. L 296 of the 25.10.2012, p. 1, in its up-to-date version;

2 Q reference on the EU part, this is a reference to the part of Subpart Q in annex III of Regulation (EC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures for civil aviation, OJ No. L 373 of 31.12.1991, p. 4, in its up-to-date version.

(4) the flying personnel carriers are to provide:



1. for flights in accordance with article 8 Z 1 of Regulation (EU) No. 965 / 2012 at least weekly rest periods in the meaning of the provisions of the EU section FTL including Austrian regulations, 2. for flights in accordance with article 8 No. 2 of the Regulation (EU) No. 965 / 2012 at least weekly rest periods in the meaning of the provisions of the EU section Q including Austrian regulations, 3 for all flights in a calculation period of one calendar year per calendar month averaging at least eight , in each calendar month but at least seven calendar days at the residence. Non-working days are to give employers and workers ten days in advance. These fall into a weekly rest period, they are to be."

2. paragraph 27 paragraph 2a:

"(2a) are also to punish employers and employers who contravene the provisions of the EU part sections FTL or Q including Austrian implementing legislation on weekly rest periods."

1v the following paragraph is added to § 3. 33:

"(1v) § 19 paragraph 3a and 4, § 27 para 2a as amended by Federal Law Gazette I no. 152/2015 with 18 February 2016 into force."

Article 8

Change of children's and youth employment act 1987

The children's and youth employment law 1987, BGBl. No. 599/1987, as last amended by Federal Law Gazette I no. 138/2013, is amended as follows:

1. in article 1, par. 4, the expression "11 para 1 to 3" is replaced by the expression "11 (1) to 3a".

2. in article 11, the following paragraph 3a is inserted:

"(3a) journey time is when you/he young people order the employer / employer temporarily leaves location (place of work) a, other places work performance to provide their, if not work service is provided during the trip. Travel times the daily working time may be extended to up to ten hours, if young people in an apprenticeship or other training relationship is the and the 16 has reached age."

12 the following paragraph is added to § 3. 34:

"(12) § 1 para 4 and § 11 paragraph 3a in the version of Federal Law Gazette I no. 152/2015 with 1 January 2016 into force."

Fischer

Faymann