Amendment To The Equal Treatment Commission - Rules Of Procedure

Original Language Title: Novelle zur Gleichbehandlungskommissions-Geschäftsordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_275/BGBLA_2013_II_275.html

275. Regulation of the Federal Minister for women and civil service, of the rules of procedure for the Senate I - III of the equal treatment Commission is changed (Amendment to the equal treatment Commission - rules of procedure)

On the basis of article 9 of the Federal Act on the equal treatment Commission and the equal treatment advocacy (GBK/GAW-Gesetz), BGBl. No. 108/1979, as last amended by Federal Law Gazette I no. 107/2013, is prescribed:

The regulation of the Federal Minister for women and civil service Federal Law Gazette II No. 102/2011 is amended as follows:

1. in article 1 the following paragraph 3 is added:

"(3) in the case of a short-term and unforeseen absence Deputy Chairman/m / m Chairman/m before an already scheduled Senate session the longest serving member of the Senate, which is also a federal employees/r, can assume the Presidency for this session."

2. in article 3, paragraph 1 Z 3 is the quote "section 14 para 1" by the quote "§ 3 par. 2 Z 1-3" replaced.

3. in article 4, paragraph 3, the quote is "§ 3 par. 2 Z 1-5" by the quote "§ 3 par. 2 Z 1-3" replaced.

4. § 6 para 3 first sentence reads:

"(3) in the case of a separate survey sent the log of this survey part of the respective other side."

5. in article 8, the point at the end of a sentence is omitted Z 10.

6 § 8 be added following Z 11:



"11. the disclosure in accordance with § 12 section 7 GBK/GAW-law: at the request of the applicant or respondent is to issue a written statement about the outcome of applicant and respondent on the part of the Managing Director before the issuing of the test result."

7 paragraph 9 paragraph 1:

"(1) a member of the Prosecutor's Office for equal treatment pursuant to section 3 para 2 Z 1-3 GBK/GAW-law is entitled to participate in the meetings of the Senate. On demand is the word him to grant."

8 paragraph 9 paragraph 2:

"(2) pursuant to section 3 para 2 No. 3 GBK/GAW-law competent regional prosecutors/regional lawyers applies the participation and the consultation right only for matters affecting their respective local and substantive scope."

9. in article 10, paragraph 1, the phrase "or a desire" is omitted.

10. in section 10, paragraph 2, the phrase "or of the desire" is omitted.

11. in article 11 par. 1, par. 2, second sentence, and paragraph 3, first sentence, eliminates each the word sequence "or desire".

12. in article 11, par. 3, second sentence is replaced by the word "Senate President" the word "Senate President".

13. in article 11, paragraph 3, last sentence and paragraph 5 last sentence is substituted the colon at the end of a sentence with a point.

14. in article 11, paragraph 8 is the quote "§ 14 para 4" by the quote "§ 14 para 4a" replaced.

15. in section 11 paragraph 9, the phrase "or" desire"is omitted.

16. in article 11, paragraph 10, the phrase "or a desire" is omitted.

17 paragraph 11 paragraph 11:

"(11) together with the submission of a proposal concerning a (sexual) harassment is respondent have the right to apply for a joint survey to inform. Who is applicant in case of a test requested by him or her a (sexual) harassment on the right, to be able to apply for a joint survey to inform in the course of the first written contact by the Board of Directors. Requests for a joint survey are generally within three weeks after receiving this information, to introduce in the management of the Tribunal in writing."

18. in article 12, paragraph 2, the phrase "or of the desire" is omitted.

19 paragraph 12 paragraph 3:

"(3) prior to the interview of the applicant/petitioner and respondent/defendant by the presiding each to determine whether there is a willingness to the consensual conflict in application representational and, where appropriate, to work towards is. In unit verification procedures, except those concerning a (sexual) harassment, the survey is carried out of the applicant/petitioner and / of the respondent/defendant together. The other respondents be questioned individually in the presence of applicant and respondent. Each can applicant and each / r respondent at the present opposition or ask questions through the CEO / Chairman whose representative or with his/her consent immediately make. During this survey, the presence of other persons of information is not permitted. "A single testing procedure is (also) the examination of a (sexual) harassment, which are apart from each other to ask, unless one by one of these two people applied for applicant and the respondent, joint survey is approved by the other person."

20 § 16 and heading is as follows:

"Committees of the Senate

Section 16 (1) is a Committee set up by decision of the competent tribunal.

(2) in addition to the Chairperson of the Senate, the Committee consists of one Senate member of employer and employee/inside. The decision-making process of the committees is carried out by the majority of the votes. The provisions of the rules of procedure shall apply mutatis mutandis for the application of the procedure before a Committee.

(3) the Chairperson of the Senate has to inform the result the Senate members not represented in the Committee for the conduct of proceedings at their request on the progress of this procedure and upon completion.

(4) the Senate can roam at any time again is a matter entrusted to a Committee decision."

21. in article 17, the following paragraph 4 is added:

"(4) proceedings before the equal treatment Commission, where the request is made after 31 July 2013, II carry out the equal treatment Commission rules according to sunny BGBl. No. 275/2013."

Heinisch-Hosek