Labour Law Amendment Act 2015

Original Language Title: Arbeitsrechts-Änderungsgesetz 2015

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152. Federal Law, with which the Labour Contract Law Adaptation Act, the Act on Employment, the Gutsangestelltengesetz, the Construction Workers ' Holiday and Abortion Act, the Law on Employment, the Labor Time Act, the Labour Law and the Children's and Young People's Employment Act 1987 will be amended (Arbeitsrechts-amending Act 2015)

The National Council has decided:

table of contents

Art.

Subject matter

1

Amendment of the Working Contract Law Adaptation Act

2

Amendment of the Act on the Employment

3

Amendment of the Gutsangestelltengesetz

4

Modification of the construction worker-Holiday and Abortion Act

5

Amendment of the Law on the Law of the State

6

Amendment of the Working Time Act

7

Amendment of the Labour Code Act

8

Amendment of the Children's and Young People's Employment Act 1987

Article 1

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law, BGBl. I No 94/2014, shall be amended as follows:

1. § 2 para. 2 Z 9 reads:

" 9.

the amount of the basic salary or salary, other parts of the remuneration, such as: B. Special payments, maturity of the pay, "

2. § 2 (5) reads:

" (5) The information referred to in paragraphs 2, Z 5, 6, 9 (except for the basic salary or wages), 10 and 11 and subsection 3 Z 2 to 4 may also be provided by reference to the provisions applicable to the employment relationship in laws or in the norms of the collective Legal design or in the case of travel guidelines used in practice. "

3. § 2 (6) reads:

" (6) Any change in the particulars referred to in paragraphs 2 and 3 shall be notified to the worker in writing without delay and no later than one month after their effectiveness, unless the amendment is amended.

1.

, by amending laws or norms of collective redress referred to in paragraph 5, or relating to the basic salary or salary, or

2.

is obtained directly from the time-dependent advance in the same use or occupational group of the applicable standard of collective redress. "

4. § 2c together with headline reads:

" Contention clause

§ 2c. (1) An agreement by which the employee (s), on whose/her employment relationship the employment law (AngG), BGBl (s), is (are) No 292/1921, which is not to be applied for the period after the termination of the employment relationship in gainful employment (competition clause), is effective only in so far as:

1.

the worker is not a minor at the time of conclusion of the agreement;

2.

the restriction to the activity of the worker or of the worker in the branch of the employer or of the employer relates to and does not exceed the period of one year; and

3.

the restriction shall not, in accordance with the subject matter, time or place, and in relation to the commercial interest which the employer has in respect of which it is complied with, constitute an insignificant increase in the income of the worker or of the worker.

(2) An agreement as referred to in paragraph 1 shall be ineffective if it is taken within the framework of an employment relationship in which the fee due for the last month of the employment relationship is equal to 20 times the maximum contribution basis in accordance with § 45 of the General Social Security Act (ASVG), BGBl. No. 189/1955, not exceeding. Any special payments shall be disregarded in the determination of the remuneration in the sense of the first sentence.

(3) If the employer/employer has given the employee a reasonable cause for early exit or termination of the employment relationship, he/she may object to the rights established by the competition clause against The worker shall not be relied on.

(4) The same shall apply if the employer/employer dissolves the employment relationship, unless the employee is given reasonable cause by culpable conduct or the employer/s/in the dissolution of the employer The employment relationship has stated that during the duration of the limitation, the worker is to pay his/her most recently paid remuneration.

(5) A penalty agreed in the event of a breach of the competition clause shall be effective only in so far as it does not exceed six times the net monthly salary due for the last month of the employment relationship. Any special payments shall be disregarded in the calculation of the net payment in the sense of the first sentence. If the employee has promised a penalty for the case of an infringement of the competition clause, the employer/employer can only demand the contraction of the contract to be carried out. The right to fulfilment or to the replacement of any further damage is excluded. "

5. § 2d para. 3 Z 2 and Z 3 reads as follows:

" 2.

the employment relationship has ended 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 the end of the period of expiry of the period of expiry of the period of expiry of the period of expiry of the period of time limit

3.

the amount of the refund obligation shall not be agreed aliquot, calculated for each completed month from the date of termination of the training until the end of the permissible binding period. "

6. According to § 2d, the following § 2e bis § 2g shall be inserted together with the headings:

" Conventional penalties

§ 2e. Conventional penalties are subject to the right of judicial review.

Accounting of the payments

§ 2f. (1) In the event of payment due, the employee is to submit a written, clear, comprehensible and complete accounting of remuneration and charges. The invoicing can also be made available to the employee by electronic means.

(2) The employer must immediately hand out a copy of the social insurance application in accordance with § 33 ASVG to the employee.

Fee for lump sum agreements

§ 2g. If the contract of employment or the service sheet contains the fee as a total sum, which includes the basic salary or wage and other remuneration components, without having regard to the basic salary or salary within the meaning of section 2 (2) (2) (9) of the employment contract, the said person/person has The employee is entitled to the basic salary or salary, including the usual overpayments, which are payable at the place of work to comparable employees of comparable employers (actual basic salary, actual basic wage). The actual basic salary or actual basic wage shall be based on the calculation of the remuneration components to be deducted in so far as the collective agreement does not provide for deviating in respect of the calculation of compensation components, the mandatory statutory shall not be allowed to prevent it. "

7. In accordance with § 15a, the following § 15b is inserted:

" § 15b. (1) In the case of an invalidity of a worker, as determined by the insurance institution pursuant to § 367 (4) of the ASVG, for the duration of the payment of the rehabilitation allowance according to § 143a of the ASVG or the retraining allowance according to § 39b of the AlVG, the the main obligations of the employee, the employee and the employer, resulting from the employment relationship, as well as the obligation of the employer/employer to pay for the remuneration, The employee shall be the employee within the meaning of Section 4 (2) of the Degeltfortzahlungsgesetz, BGBl. No 399/1974, declared fit for work.

(2) Section 15f (1) except for the last sentence and para. 2 MSchG applies for the duration of the payment of rehabilitation allowance according to § 143a ASVG or retraining allowance according to § 39b of the AlVG, unless the employee is employed in the sense of the § § § 39b of the German Act on the Compensation of Rehabilitation Money 4 (2) EFZG declared fit for work. "

8. In § 19 (1), the following Z 32 to 36 shall be added after Z 31:

" 32.

§ 2 (2) (2) (9), (5) and (6), § 2c, § 2d (3) (2) and (3) and (§ 2e) together with transcripts in the version of the Federal Law BGBl. I No 152/2015 shall enter into force with the day following the presentation of this Federal Law and shall apply to any new service or newly concluded agreements after the entry into force of a competition clause or on the basis of the new contract. Training cost recovery;

33.

§ 2f together with the title in the version of the Federal Law BGBl. I n ° 152/2015 is 1. Jänner 2016 in force;

34.

§ 2g together with the title in the version of the Federal Law BGBl. I n ° 152/2015 is 1. Jänner 2016 shall apply and shall apply after the entry into force of newly concluded flat-rate agreements;

35.

§ 15b in the version of the Federal Law BGBl. I n ° 152/2015 is 1. Jänner 2016 in force;

36.

§ 2 (2) (2) (9) and (2g) are within the scope of Section 14 of the Federal Forest Code, Federal Law Gazette (BGBl). No 298/1986. '

Article 2

Amendment of the Act on the Employment

The law on employees, BGBl. No 292/1921, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. § 8 (4) reads:

" (4) Female employees shall retain the right to pay for a period of six weeks after their arrival. If they fall ill, the provisions of paragraph 1 shall apply from the date of the demise. The claims after the first and second sentences do not exist for times during which a claim to weekly money or sickness benefit under the General Social Security Act, BGBl. No. 189/1955. Likewise, these claims do not exist if the employees are entitled to the prohibition of employment in accordance with Section 3 (1) or (3) of the Maternity Protection Act 1979 (MSchG), Federal Law Gazette (BGBl). No 221/1979, is located in a Karenz according to the MSchG or a Karenz agreed with the service provider for child care. This does not affect a claim to a grant from the employer for sickness benefit. "

2. According to Article 23a (1) (2), the following Z 3 and 4 shall be inserted:

" 3.

for the determination of an occupational invalidity or invalidity which is likely to last at least six months by the insurance institution pursuant to § 367 (4) ASVG

4.

in the case of the prevention of work pursuant to § 8 (1) and (2) or (2) of the EFZG after the end of the right to pay payment and after the termination of the health claim pursuant to § 138 of the ASVG during a pending performance dispute procedure in accordance with § 354 ASVG on Occupational invalidity (§ 273 ASVG) or invalidity (§ 255 ASVG). "

Section 36 (2) reads as follows:

" (2) An agreement as referred to in paragraph 1 shall be ineffective if it is taken within the framework of a service in which the fee due for the last month of the service is equal to 20 times the maximum contribution basis in accordance with § 45 ASVG. exceeds. Any special payments shall be disregarded in the determination of the pay in the sense of the first sentence. "

4. § 37 (3) reads:

" (3) A contraction penalty agreed in the event of a breach of the competition clause shall be effective only in so far as it does not exceed six times the net monthly salary due for the last month of the service. Any special payments shall be disregarded in the calculation of the net payment in the sense of the first sentence. If the employee has promised a penalty for the case of an infringement of the competition clause, the employer/service provider can only demand the contraction of the conservations carried out. The right to fulfilment or to the replacement of any further damage is excluded. "

(5) In accordance with Article X (2) (11), the following Z 12 and 13 are added:

" 12.

§ § 8 (4) and (23a) (1) (3) and (4) in the version of the Federal Law BGBl (Federal Law Gazette) I n ° 152/2015 will be 1. Jänner 2016 in force.

13.

§ § 36 (2) and (37) (3) of the version of the Federal Law BGBl. I No 152/2015 shall enter into force with the day following the presentation of this Federal Law and shall apply to agreements concluded after the entry into force of a competition clause. "

Article 3

Amendment of the Gutsangestelltengesetz

The Gutsangestelltengesetz, BGBl. No 538/1923, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 58/2010, is amended as follows:

1. According to Article 22a (1) (2), the following Z 3 and 4 shall be inserted:

" 3.

for the determination of an occupational invalidity or invalidity which is likely to last at least six months by the insurance institution pursuant to § 367 (4) ASVG

4.

in the case of the prevention of work pursuant to § 8 (1) and (2) or (2) of the EFZG after the end of the right to pay payment and after the termination of the health claim pursuant to § 138 of the ASVG during a pending performance dispute procedure in accordance with § 354 ASVG on Occupational invalidity (§ 273 ASVG) or invalidity (§ 255 ASVG). "

(2) The following paragraph 12 is added to § 42 (11):

" 12.

Section 22a (1) (3) and (4) in the version of the Federal Law BGBl. I n ° 152/2015 is 1. Jänner 2016 in force. "

Article 4

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 113/2015 shall be amended as follows:

1. In Section 13a (1) (10), the point shall be replaced by a line-point and the following Z 11 and 12 shall be added:

" 11.

if an invalidity is expected to last for at least six months by the insurance institution, in accordance with § 367 (4) of the ASVG;

12.

in the case of the prevention of work pursuant to § 2 of the EFZG, after the end of the right to payment for payment and after the termination of the health claim in accordance with § 138 of the ASVG during a pending performance dispute procedure in accordance with § 354 ASVG on invalidity (§ 255 ASVG) ".

2. In Section 13c (5), the word group shall be "§ 13a (1) (1) to (5) and 7 to 10" through the word group "§ 13a (1) (1) to (5) and 7 to 12" replaced.

The following paragraph 31 is added to § 40:

" (31) § § 13a (1) Z 10 to 12 and 13c (5) in the version of the Federal Government BGBl Act. I N ° 152/2015 will take place with 1. Jänner 2016 in force. "

Article 5

Amendment of the Law on the Law of the State

The Law on Operations-BPG, BGBl. No 282/1990, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. § 16a (3a) reads:

" (3a) Where occupational pension pledges provide for entitlement to benefits in the event of a temporary invalidity or invalidity pension, this entitlement shall also be due to the determination of invalidity of at least six months. or occupational incapacity by the insurance institution in accordance with § 367 (4) of the ASVG for the duration of the payment of rehabilitation allowance pursuant to § 143a ASVG or retraining allowance pursuant to section 39b of the unemployment insurance act 1977, BGBl. No. 609/1977. '

2. The Art. VI (1) is added to the following Z 14:

" 14.

§ 16a (3a) in the version of the Federal Law BGBl. I n ° 152/2015 is 1. Jänner 2016 in force. "

Article 6

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I No 94/2014, shall be amended as follows:

1. In § 12, the previous paragraphs 2a and 2b are given the name "(2c)" and "(2d)" . The following new paragraphs 2a and 2b shall be inserted:

" (2a) By way of derogation from para. 2 for full-time employees in the kitchen and service of seasonal companies, the collective agreement may reduce the daily rest period during the season in the guest, bark and accommodation industries. on at least eight hours, provided that the reductions are to be compensated for during the season as far as possible, but in any case after the season. The collective agreement must provide for the reduction of the periods of rest periods to be recorded in a separate rest-time account and to regulate the more detailed form of compensation in the interests of ensuring the recovery of workers.

(2b) The seasonal holdings referred to in paragraph 2a are holdings which are based on the change in the annual period

1.

may only be open at certain times of the year and keep the remaining periods closed, or

2.

, at most once or twice a year, a significantly increased business activity compared to the rest of the year, which means that additional staff is required. "

1a. According to Article 15 (1), the following paragraph 1a is inserted:

"(1a) The collective agreement may allow a break in accordance with Article 7 of Regulation (EC) No 561/2006 to be inserted instead of the steering pause referred to in paragraph 1."

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

" (2) For handlebars, which are deemed to be in accordance with Section 97 (2) of the Road Traffic Regulations 1960, BGBl. No 159/1960, where road inspection bodies are charged with the monitoring of special transports, derogations in accordance with paragraph 1 shall also be permissible if this is necessary for the safety of the cargo of the special transport. "

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

" 1.

is referred to the EU subsection FTL, this is a reference to the subsection FTL in Annex III to Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures with regard to flight operations in accordance with the Regulation (EC) No 216/2008 of the European Parliament and of the Council, No. 1., as amended;

1a.

is referred to the EU subsection Q, this is a reference to the subsection Q of Annex III to Council Regulation (EC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the Civil aviation, OJ C No. OJ L 373, 31.12.1991, p. 4, as amended; "

4. § 18e (2) (1) and (2) reads:

" 1.

the block time 900 hours per calendar year; and

2.

working time per calendar year 2 000 hours "

5. § 18e (3) to (5) shall be replaced by the following paragraphs 3 and 4:

" (3) The following provisions shall also apply to the flying personnel of air carriers:

1.

for flights in accordance with Article 8 (1) (1) of Regulation (EU) No 965/2012 of the EU subsection FTL,

2.

for flights in accordance with Article 8 (2) of Regulation (EU) No 965/2012 of the EU subsection Q,

3.

on all other flights, Annexes 1 and 2 of the AOCV 2008

in each case, including Austrian implementing rules.

(4) § 26 shall apply without prejudice to the recording obligations provided for in the EU subsections FTL or Q or in the AOCV 2008. "

6. In accordance with § 19d (2), the following paragraph 2a is inserted:

" (2a) The employer/employer shall inform employees of part-time employees of jobs that are released during the operation, which can lead to a higher working time dimension. The information may also be provided by means of a general announcement at a suitable position, easily accessible to part-time workers, in operation, by appropriate electronic data processing or by appropriate means of telecommunication. "

7. In § 20 (1) the expression "20b (3) to (5)" by the expression "20b (3) to (6)" replaced.

8. In § 20b, paragraph 1, after the word "Travel Time" the expression "within the meaning of para. 2 to 5" inserted.

(9) The following paragraph 6 is added to § 20b:

" (6) The worker leaves his place of work on behalf of the employer, in order to perform his/her work in other places, but is left during the movement by means of the arranged steering of a worker. In the case of a vehicle which does not constitute a principal activity of the worker, the daily working time may be extended to 12 hours by the movement of the movement. "

10. § 24 Z 5 reads:

" 5.

the EU subsections FTL or Q, or "

10a. In accordance with Article 26 (2), the following paragraph 2a is added:

" (2a) If a reduction of the rest period within the meaning of section 12 (2a) is taken into account, the management of the work-time drawings by the employees in accordance with paragraph 2 is not permitted. The employer shall have the following:

1.

to record the use of section 12 (2a) as well as the beginning and end of the season in the time-of-work drawings and

2.

to have a separate account of the reductions in rest periods and their compensation. "

11. § 27 (3) reads:

"(3) Notifications pursuant to § 7 (4) and § 20 (2) shall be exempt from federal stamp and legal fees."

12. In § 28 (1) Z 3 the term " " , 11 para. 8 or 10 " .

13. In Section 28 (1), in Z 4, the paint is replaced by a line-point and the expression is deleted. "or" . At the end of the Z 5, the paint is replaced by a stroke, and the following Z 6 is inserted:

" 6.

do not comply with the obligation to provide information pursuant to Section 19d (2a), "

14. In § 28 paragraph 2 Z 1 the expression "or § 20a (2) Z 1" by the expression " , § 20a (2) (1) (1) or § 20b (6) " replaced.

14a. § 28 (2) Z 3 reads:

" 3.

the daily rest period, the compensation for reductions in rest time and other prescribed compensation measures in accordance with § 12 (1) to (2d), § 18a, § 18b (1), § 18c (1), § 18d, § 18g, § 19a (8), § 20a (2) (2) (2) or § 20b (4), or Do not grant an extension of rest in accordance with § 19a (4), (5) or (8) or § 20a (2) (2) (2);

15. § 28 (7) Z 2 reads:

" 2.

the EU subsections FTL or Q, including Austrian implementing rules, or "

16. The following paragraphs 30 and 31 are added to § 34:

" (30) § 12, § 15 para. 1, § 15d, § 19d paragraph 2a, § 20 paragraph 1, § 20b para. 1 and 6, § 26 para. 2a, § 27 para. 3 and § 28 para. 1 and 2 in the version of the Federal Law BGBl. I n ° 152/2015 will be 1. Jänner 2016 in force.

(31) § 18e (1) (1) and (1) (1) and (2) and (3) and (4), § 24 (5) and § 28 (7) (2) (2) of the Federal Law Gazette (BGBl). I No 152/2015 will enter into force on 18 February 2016. At the same time, Section 18e (5) repeals. "

Article 7

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I No 91/2014, shall be amended as follows:

1. § 19 (3a) and (4) reads as follows:

" (3a) As far as in this federal law

1.

is referred to the EU subsection FTL, this is a reference to the subsection FTL in Annex III to Regulation (EU) No 965/2012, to the establishment of technical requirements and to administrative procedures relating to flight operations in accordance with the Regulation (EC) No 216/2008 of the European Parliament and of the Council, No. 1., as amended;

2.

is referred to the EU subsection Q, this is a reference to the subsection Q of Annex III to Council Regulation (EC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the Civil aviation, OJ C No. OJ No L 373, 31.12.1991, p. 4, as amended.

(4) The flying personnel of air carriers shall be granted:

1.

in the case of flights referred to in Article 8 (1) (1) of Regulation (EU) No 965/2012, at least weekly rest periods within the meaning of the provisions of the EU subsection FTL, including the provisions of the Austrian implementing rules;

2.

in the case of flights referred to in Article 8 (2) of Regulation (EU) No 965/2012, at least weekly rest periods within the meaning of the provisions of the EU subsection Q, including the provisions of the Austrian implementing rules;

3.

for all flights, in any case in a period of conversion of one calendar year per calendar month, on average at least eight, but in each calendar month, at least seven working-free calendar days at the place of residence. Working-free calendar days are to be announced to the employees and employees ten days in advance. If they fall into a weekly rest period, they shall be set off. "

2. § 27 (2a) reads:

"(2a) It is also appropriate to punish employers who are contrary to the provisions of the EU subsections FTL or Q, including Austrian implementing rules, with regard to weekly rest periods."

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

" (1v) § 19 (3a) and (4) as well as § 27 (2a) in the version BGBl. I No. 152/2015 will enter into force on 18 February 2016. "

Article 8

Amendment of the Children's and Young People's Employment Act 1987

The Children's and Young People's Employment Act 1987, BGBl. No 599/1987, as last amended by the Federal Law BGBl. I n ° 138/2013, shall be amended as follows:

1. In § 1 (4), the term " "11 para. 1 to 3" by the expression "11 (1) to (3a)" replaced.

(2) The following paragraph 3a is inserted in Article 11:

" (3a) Travel time shall be before the young person temporarily leaves his/her place of work (workplace) on behalf of the employer in order to perform his/her work in other places, if during the period of time during the period of Travel movement no work is provided. By travel times, the day-to-day working time can be extended to up to ten hours, if the young person is in a teaching or other training relationship and the 16. "Year of life has been completed."

(3) The following paragraph 12 is added to § 34:

" (12) § 1 para. 4 and § 11 paragraph 3a in the version of the Federal Law BGBl. I n ° 152/2015 will be 1. Jänner 2016 in force. "

Fischer

Faymann