Amendment To The Equal Treatment Commission - Rules Of Procedure

Original Language Title: Novelle zur Gleichbehandlungskommissions-Geschäftsordnung

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275. Regulation of the Federal Minister for Women and Public Service, amending the Rules of Procedure for the Senate I-III of the Equal Treatment Commission (amendment to the Rules of Procedure of the Commission)

On the basis of § 9 of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution (GBK/GAW Act), BGBl. No. 108/1979, as last amended by the Federal Law BGBl. I No 107/2013, shall be arranged:

The Federal Minister for Women and Civil Service BGBl. II No 102/2011 shall be amended as follows:

The following paragraph 3 shall be added to Article 1:

" (3) In the event of a short-term and unforeseen prevention of chairman/m and deputy/m chairman/m before an already scheduled Senate meeting, the longest serving Senate member, who is also federal staff member, for this meeting will take over the chairmanship. "

2. In § 3 paragraph 1 Z 3 the quote shall be "§ 14 (1)" by quoting "§ 3 (2) Z 1-3" replaced.

3. In Section 4 (3), the quote shall be "§ 3 para. 2 Z 1-5" by quoting "§ 3 (2) Z 1-3" replaced.

4. § 6 para. 3, first sentence reads:

"(3) In the case of a separate survey, the minutes of this part of the inquiry shall be transmitted to the respective opposite side."

5. In § 8 Z 10, the point at the end of the sentence is deleted.

6. § 8 the following Z 11 shall be added:

" 11.

the exchange of information in accordance with § 12 paragraph 7 of the GBK/GAW Act: at the request of applicants/in/or An application opponent is to be provided with written information on the outcome of the proceedings to the applicant and the defendant in advance of the outcome of the examination result. "

7. § 9 (1) reads:

" (1) A member of the Office for Equal Treatment pursuant to § 3 para. 2 Z 1-3 GBK/GAW Act is entitled to attend the meetings of the Senate. On request, the word shall be given to him. "

8. § 9 (2) reads:

"(2) For the regional attorneys responsible according to § 3 (2) Z 3 of the GBK/GAW Act, the participation and the survey law shall apply only to matters concerning their respective local and factual scope."

9. In Section 10 (1), the word sequence shall be deleted "or a desire" .

10. In Section 10 (2), the word sequence shall be deleted "or the Verlangens" .

11. In Section 11 (1), (2), second sentence, and (3), first sentence, the word sequence shall be deleted. " or Demand " .

12. In § 11 para. 3, second sentence, the word "Senate Chairperson" by the word "Senate Chairperson" replaced.

13. In the last sentence of § 11 (3) of the last sentence, the double point at the end of the sentence shall be replaced by one point.

14. In Section 11 (8), the quote shall be "§ 14 (4)" by quoting "Section 14 (4a)" replaced.

15. In Section 11 (9), the word order is deleted " or Required " .

16. In Section 11 (10), the word order is deleted "or a Verlangen" .

17. § 11 (11) reads:

" (11) Together with the transmission of an application relating to a (sexual) harassment, the respondent (s) is to be informed about the right to request a joint interview. In the event of an examination of a (sexual) harassment on the right to request a joint interview, the applicant is in the course of the first written contact by the board of directors. information. Applications for a joint survey shall be submitted in writing to the management of the senate within three weeks of receiving this information. "

18. In Section 12 (2), the word order shall be deleted " or of the langing " .

Section 12 (3) reads as follows:

" (3) Before the interview with the applicant and the respondent/defendant, the chairperson must clarify in each case whether there is a willingness to find a mutually agreed solution to the conflict in question and if necessary. to work on it. In individual examination procedures, with the exception of those relating to a (sexual) harassment, the survey of the applicant and the respondent/respondent is carried out jointly. The other respondents are surveyed individually in the presence of the applicant and the respondent. Any applicant and/or any defendant may submit to the present counter-page or its representatives/in questions by the chairperson/chairperson or with the latter/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her During this survey, the presence of other respondents is inadmissible. Where an individual examination procedure (also) concerns the examination of a (sexual) harassment, the applicant (s) and the defendant (s) are to be subject to separate questions, unless one of these two persons has requested that: common consultation is agreed by the other person. "

20. § 16 together with the title is:

" Committees of the Senate

§ 16. (1) A committee shall be established by decision of the relevant Senate.

(2) In addition to the chairperson of the Senate, the committee consists of one Senate member of the employer/employee/inner side. The committees shall be formed by a majority of the votes cast. The provisions of the Rules of Procedure shall apply mutatily to the implementation of the procedure before a committee.

(3) The Chairman of the Senate shall inform the members of the Senate not represented in the committee set up for the implementation of a procedure, at their request, of the state of play of this procedure and, after the latter's conclusion, of the outcome.

(4) The Senate may, at any time, withdraw a matter which has been transferred to a committee by decision. "

21. In § 17, the following paragraph 4 is added:

" (4) Procedures before the Equal Treatment Commission, in which the application is made after 31 July 2013, are in accordance with the Equal Treatment Commission's Rules of Procedure, idF BGBl. II No 275/2013. '

Heinisch-Hosek