Change Of The Maternity Protection Act 1979 And The Fathers Parental Leave Act

Original Language Title: Änderung des Mutterschutzgesetzes 1979 und des Väter-Karenzgesetzes

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149. Federal law amending the maternity protection law in 1979 and the fathers ' law on carenders

The National Council has decided:

Article 1

Amendment of the Maternity Protection Act 1979

The Maternity Protection Act 1979, BGBl. No. 221/1979, as last amended by the Federal Law BGBl. I No 65/2015, shall be amended as follows:

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

" (5) To free female employees within the meaning of Section 4 (4) of the General Social Insurance Act (ASVG), BGBl. No 189/1955, § 3 and § 5 (1) and (3) shall apply. "

2. According to Article 10 (1), the following paragraph 1a is inserted:

" (1a) A termination shall be legally ineffective until the end of four weeks after a miscarriage has been made. At the request of the service provider, the service provider shall submit a medical certificate concerning the miscarriage. "

(3) The following paragraph 8 is added to § 10:

" (8) The dismissal of a free service within the meaning of Section 4 (4) of the ASVG, which is issued on account of her pregnancy or an employment ban until four months after birth, may be terminated by the court within two weeks of the date of the award of the Dismissal will be challenged. The free service company has the reason to credibly make the reason for the challenge. The action shall be dismissed if, in the event of consideration of all circumstances, there is a higher probability that another motive credibly made by the employer was decisive for the dismissal. If the free service is subject to the termination of the contract, § 1162b first sentence of the ABGB is to be applied. In a dispute settlement procedure, no party is entitled to a claim for expenses. Claims under the Equal Treatment Act, BGBl. I n ° 66/2004 shall remain unaffected. '

4. § 12 (1) the following sentence is added:

"Likewise, dismissal until the expiry of four weeks after a miscarriage has taken place may be effected only after the prior consent of the court."

5. In Section 12 (3), after the word "Unbinding" the phrase "or miscarriage" inserted.

6. § 14 (2) reads:

" (2) female employees who are not allowed to be employed in accordance with § 3 (3), and female employees for which there is no possibility of employment on the basis of § 2b, § 4, § 4a, § 5 (3) and (4) or § 6, are entitled to a remuneration for whose calculation (1) is to be applied with the proviso that, in the case of section 3 (3), the average earnings shall be calculated after the last 13 weeks before the entry of the employment ban. "

7. § 15 (3) reads:

" (3) The service provider shall announce the beginning and duration of the Karenz to the service provider until the end of the period of § 5 (1). The service provider may, at the latest, three months, but not later than two months before the end of her Karenz, announce that she will extend the Karenz and until when. If the other parent is not entitled to Karenz, the employee may also take advantage of Karenz at a later date. In this case, it has announced to its employer the beginning and duration of the Karenz no later than three months before the date of the arrival of the Karenz. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

8. The following sentence shall be added to section 15 (4):

"If the other parent is not entitled to Karenz and takes the service in Karenz at a later date, the protection against dismissal and dismissal begins with the announcement, but at the earliest four months before the arrival of the Karenz."

9. § 15c (2) Z 1 reads:

" 1.

The Karenz in accordance with § § 15 and 15a starts with the day of acceptance of a child instead of or the takeover in free care or following a carency of the other parent, adoptive or caregivers ' part, in the case of § 15 para. 3 third sentence also at a later date; "

10. § 15h para. 1 reads:

" § 15h. (1) The employee shall have a right to part-time employment at the latest until the end of the seventh year of life or a later school entry of the child, if:

1.

the employment relationship has lasted for three years at the time of the start of part-time employment,

2.

the employee at that time in one establishment (§ 34 Labour Constitutional Law-ArbVG, BGBl. N ° 22/1974), with more than 20 employees and female employees, and

3.

the weekly normal working time is reduced by at least 20 vH and is not less than 12 hours (bandwidth).

The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the service provider. Female employees do not have the right to part-time employment during a teaching relationship. "

11. § 15i reads:

" § 15i. The service provider, who is not entitled to part-time employment pursuant to § 15h (1) or (4), can work part-time with the employer, including the beginning, duration, extent and position of the child until the end of the child's fourth year of life. , in which the weekly normal working time is reduced by at least 20 vH and is not less than 12 hours (bandwidth). "

12. In § 15j (2), the following sentence shall be inserted after the first sentence:

"This right shall not be affected by the withdrawal of a part-time application in accordance with § 15h (1) or § 15i (15h)."

13. In § 15j (5) and (6) the phrase shall be followed in each case after the expression of the phrase "within the range according to § 15h para. 1 Z 3 or § 15i" inserted.

14. The following paragraph 10 is added to § 15j:

"(10) If there is an agreement on a part-time model outside the range, part-time employment is nevertheless present in the sense of § 15h or § 15i."

15. In § 15k para. 1, after the expression "Part-time employment" the citation "according to § 15h para. 1" inserted.

16. In § 15l (1), after the word "Part-time employment" the citation "according to § 15i" inserted.

(17) The following paragraph 4 is added to § 20:

" (4) § 10 para. 8 is to be applied with the proviso that claims pursuant to the Federal Equal Treatment Act (B-GlBG), BGBl. No 100/1993, remain unaffected. '

18. According to Article 23 (9), the following paragraph 9a is inserted:

" (9a) The provisions on the breadth of part-time employment are based on contract teachers according to the VBG, national contract teachers according to the Landescontractual lehrPersons Act 1966-LVG, BGBl. No. 172/1966, and the Land and forestry State Contract Teaching Personal Law-LLVG, BGBl. No 244/1969, subject to the proviso that the teaching obligation laid down for full employment is to be applied to: The annual standard shall be reduced by at least 20 vH and shall not be less than 30 vH. "

19. In § 23, para. 12, the quote shall be "§ § 15h and 15i" by quoting "§ § 15h, 15i and 15j para. 10" replaced.

20. In § 23, para. 16, the quote shall be "§ § 15i, 15k, 15n para. 2 last sentence and 15p" by quoting "§ § 15i, 15j para. 10, 15k, 15n para. 2 last sentence and 15p" replaced.

21. The following paragraphs 25 and 26 are added to § 40:

" (25) § 1 (5), § 10 (1a) and (8), § 12 (1) and (3), section 14 (2), § 15 (3) and (4), § 15c (2) and § 20 (4) in the version of the Federal Law BGBl. I n ° 149/2015 are 1. Jänner 2016 in force.

(26) § 15h (1), § 15i, § 15j (2), (5), (6) and (10), § 15k (1), § 15l (1) and 23 (9a), (12) and (16) in the version of the Federal Law BGBl (Federal Law). I n ° 149/2015 are 1. Jänner 2016 in force and apply to mothers (adoptive or caregivers) whose children are born (adopted or taken in free care) from that date. "

Article 2

Amendment of the Fathers-Karenzgesetz

The Fathers-Karenzgesetz BGBl. No. 651/1989, as last amended by the Federal Law BGBl. I No 65/2015, shall be amended as follows:

1. The following paragraph 1a is inserted in Article 1:

"(1a) This federal law shall also apply to the employment relationship of a woman who is a parent pursuant to Section 144 (2) and (3) of the General Civil Code, JGS No. 946/1811."

2. § 2 (5) reads:

" (5) The employee shall take Karenz at the earliest possible date (paragraph 1). 2 or 3), he shall disclose to his employer at the latest eight weeks after the birth of the child the beginning and duration of the carence. The employee can give his employer no later than three months, however, the Karenz will take less than three months, no later than two months before the end of his Karenz, to announce that he will extend the Karenz and until when. If the mother is not entitled to Karenz, the employee may also take up Karenz at a later date. In this case, he shall announce to his employer the beginning and duration of the Karenz no later than three months before the arrival of the Karenz. Without prejudice to the expiry of these periods, Karenz may be agreed upon in accordance with paragraph 1. "

3. § 5 (2) reads:

" (2) In case of acceptance of a child instead of or of the take-over in free care, the Karenz starts with the day of acceptance, the transfer or subsequent to a carency of the other parent, adoptive or foster parent, in the case of § 2 para. 5 third sentence also at a later date. "

4. § 8 (1) reads:

" § 8. (1) The worker is entitled to part-time employment at the latest until the end of the seventh year of life or to a later school entry of the child, if:

1.

the employment relationship has lasted for three years at the time of the start of part-time employment,

2.

the employee at that time in a holding (§ 34 Labour Constitutional Law-ArbVG, BGBl. No 22/1974, or § 139 of the Landarbeitsgesetz 1984-LAG), which employs more than 20 employees and has a workforce of more than 20 employees, and

3.

the weekly normal working time is reduced by at least 20 vH and is not less than 12 hours (bandwidth).

The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the worker. Workers do not have the right to part-time work during a teaching period. "

§ 8a reads as follows:

" § 8a. The employee, who is not entitled to part-time employment pursuant to Article 8 (1) or (4), can work part-time with the employer, including the beginning, duration, extent and situation of the child until the end of the child's fourth year of life. , in which the weekly normal working time is reduced by at least 20 vH and is not less than 12 hours (bandwidth). "

6. In § 8b (2), the following sentence shall be inserted after the first sentence:

"This right shall not be affected by the withdrawal of a part-time application in accordance with § 8 (1) or § 8a."

7. In § 8b (5) and (6), the phrase shall be followed in each case after the expression of the phrase "within the range according to § 8 (1) Z 3 or § 8a" inserted.

(8) The following paragraph 10 is added to § 8b:

"(10) If there is an agreement on a part-time model outside the range, part-time employment is nevertheless present in the sense of § 8 or § 8a."

9. In Section 8c (1), after the expression "Part-time employment" the citation "according to § 8 (1)" inserted.

10. In § 8d (1), after the expression "Part-time employment" the citation "according to § 8a" inserted.

11. According to Article 10 (11), the following paragraph 11a is inserted:

" (11a) The provisions on the breadth of part-time employment are based on contract teachers according to the VBG, national contract teachers according to the Landescontractual lehrPersons Act 1966-LVG, BGBl. No. 172/1966, and the Land and forestry State Contract Teaching Personal Law-LLVG, BGBl. No 244/1969, subject to the proviso that the teaching obligation laid down for full employment is to be applied to: The annual standard shall be reduced by at least 20 vH and shall not be less than 30 vH. "

12. In § 10 para. 14, the quote shall be "§ § 8 and 8a" by quoting "§ § 8, 8a and 8b (10)" replaced.

13. In § 10 para. 17 the quote shall be "§ § 8a, 8c, 8f para. 2 last sentence and 8h" by quoting "§ § 8a, 8b para. 10, 8c, 8f para. 2 last sentence and 8h" replaced.

14. The following paragraphs 17 and 18 are added to § 14:

" (17) § 1 para. 1a, § 2 para. 5 and § 5 para. 2 in the version of the Federal Law BGBl. I n ° 149/2015 are 1. Jänner 2016 in force.

(18) § 8 para. 1, § 8a, § 8b para. 2, 5, 6 and 10, § 8c para. 1, § 8d para. 1 as well as § 10 para. 11a, 14 and 17 in the version of the Federal Law BGBl. I n ° 149/2015 are 1. Jänner 2016 in force and apply to fathers (adoptive or foster fathers), whose children are born (adopted or taken in free care) from that date. "

Fischer

Faymann