Modification Of The Salary Fund Act 2002

Original Language Title: Änderung des Gehaltskassengesetzes 2002

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172. Federal law, which amalgated the salary-collection law 2002

The National Council has decided:

The Salary Collection Act 2002, BGBl. I n ° 154/2002, as last amended by the Federal Law Gazette (BGBl). No 54/2012, shall be amended as follows:

1. § 1 para. 2 Z 1 reads:

" 1.

the dimensioning and payment of the remuneration of all the pharmacists and aspirants, who are employed in public pharmacies or in anstaltic pharmacies on the basis of a service contract, of persons who act as compensatory measures in accordance with § 3c para. 7 of the pharmacy law, RGBl. No. 5/1907, a one-year professional training in a public pharmacy or an anstaltsapotheke, as well as pharmacists, who are in accordance with § 18 of the Pharmaceutical Skilled Labour Regulation, BGBl. N ° 40/1930, as last amended by the BGBl Regulation. II No 360/2011, temporarily and occasionally as a provider of services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ L 255, 30.9.2005 p. 22, as last amended by Regulation (EU) No 623/2012, OJ L 206, 22.7.2012, p. No. OJ L 180, 12.7.2012, p.

2. In accordance with Article 1 (2), the following paragraph 3 is added:

" (3) The salary fund is entitled to participate in companies, if this is done with their tasks (par. 2) and is appropriate for the performance of tasks. "

3. In accordance with § 3, the following § 3a is inserted:

" § 3a. (1) As far as this federal law speaks of aspirants, this also means persons who, as a compensatory measure according to § 3c (7) of the Pharmacy Act, choose a one-year professional training in a public pharmacy or Anstaltsapotheke.

(2) In so far as this federal law speaks of pharmacists, they are also pharmacists who are in accordance with § 18 of the Pharmaceutical Skilled Labour Regulation as amended by the Regulation BGBl. II No 360/2011, temporarily and occasionally as providers of services within the meaning of Directive 2005 /36/EC on the recognition of professional qualifications. '

4. § 6 (5) reads:

" (5) A person can only be a member of a department for the question of the electoral law. If, in the case of a person, the conditions for membership of both departments are met at the same time, the person for the question of the right to vote shall be a member of the department of the service providers. For the question of benefits of the payroll and of membership fees to the payroll, there is a simultaneous membership in both departments. "

5. § 15 (4) shall be replaced by the following paragraphs 4 and 5:

(4) In the case of the calculation of the sub-service, yield fractions of tenths, the size of the subservice shall be greater than the full tenth of the normal monthly full service, but not less than 2/10, with a higher number of the service period nearest to the service period. . A service taker takes a Karenz according to the Maternity Protection Act 1979, BGBl. No. 221/1979, or Väter-Karenzgesetz, BGBl. No. 651/1989, the service measure for a service ratio during this grace period shall be at least 1/10 per week. In other case groups which are particularly worthy of consideration, the amount of service can amount to 1/10 per week, with the prior consent of the collective agreement parties.

(5) Where statutory or collective contractual provisions provide for working time arrangements where, for certain periods, the level of work performance differs from the level of the remuneration (sabbatical, part-time working part-time, etc.), these regulations may be in agreement between the service provider and the service provider, shall also be implemented in the case of remuneration via the payroll. "

6. § 18 (3) reads:

" (3) Likewise, claims by the service provider are due to an early termination of the service, including any undue processing, and claims due to a delay in the service of the service provider, which is due to the service provider. To assert the service only against the service provider. This also applies to claims by the service provider for a possible holiday allowance. "

7. § 19 (1) Z 2 reads:

" 2.

Periods during which they are functionaries in the Austrian Chamber of Pharmacists, the Pharmaceutical Salary Fund for Austria, a voluntary interest representation of the pharmacists who have collective bargaining capacity, or any other voluntary representation of interests of pharmacists, represented by at least four mandates in the delegates ' meeting of the salary fund, were, in each case, on average, taking into account the experience according to the experience of the function -related service scale, "

8. § 19 para. 2 Z 2 reads:

" 2.

Periods of a Karenzurlaube in accordance with the Maternity Protection Act or the Fathers Karenzgesetz up to the maximum of two years, provided that there is an upright service relationship with a pharmacy during the same period. insisted, "

9. § 40 (1) Z 5 reads:

" 5.

Scholarships, fellowships and loans to students of pharmacy, "

10. § 40 (1) Z 8 reads:

" 8.

Death penalty contributions, "

11. In § § 45 Z 3, 46 (3) Z 2, Z 9 and Z 10 (new), 47 (2), 51 (1) (1) and (2), 52, 55 (4) and (5), 61, 66, 69 (1) and 73 (4) (4), the word shall be given in each case. "Obmen" by the word "Obpeople" in the grammatically correct form.

12. § 46 (3) Z 7 and 8 reads:

" 7.

Decision-making on other templates of the Executive Board,

8.

the decision-making on the management and investment cost preview, "

13. § 46 (3) Z 8 (old) to 11 are given the name "9." to "12." , the following Z 13 to 16 shall be added:

" 13.

the decision on whether to nominate a co-chair in each of the departments of the members of the Board of Directors to the Conference of Obdeners;

14.

the election of the co-chairmen for the Conference of Obdences,

15.

the determination of the level of the functional fees (compensation for time-limits and tiredness) and

16.

Decision-making on the Rules of Procedure. "

14. § 49 (1) and (2) reads:

" (1) Votes in the Assembly of Delegates on matters of Section 46 (3) Z 4, 5, 11 and 16 have been held separately in the two departments. A request shall be accepted if, in each of the two departments, the simple majority of the valid votes is correct for the submitted application. Abstentions do not count on the number of valid votes.

(2) In the affairs of Section 46 (3) Z 6, 7, 8, 9, 10 and 13, the vote shall take place jointly by all delegates. For the acceptance of an application, the simple majority of the valid votes cast shall be sufficient. Abstentions do not count on the number of valid votes. "

15. In § 49 (3), the quote "§ 46 (3) Z 11" by quoting "§ 46 (3) (12) and (14)" replaced.

Section 49 (4) shall be replaced by the name "(7)" , the following paragraphs 4 to 6 shall be inserted:

" (4) The decision on the level of the functional fees in accordance with § 46 (3) Z 15 shall be made in accordance with paragraph 2 with the proviso that the two-thirds majority of the valid votes cast shall be required for the acceptance of the application. Abstentions do not count on the number of valid votes.

(5) The decision on the level of the functional fees in accordance with § 46 (3) Z 15 shall in principle take place one year before the start of the next operating period for this period. If the decision on the level of the functional fees does not take place at the latest before the start of a period of operation, the function fees fixed for the previous operating period shall also apply for the following operating period.

(6) In the event that a decision is not taken for a calendar year pursuant to Section 46 (3) (8) of the calendar year on administrative and investment cost previews before the beginning of the calendar year, a meeting of delegates shall be renewed in the January of the calendar year. The purpose of the decision is to be convened. If no decision is taken in this Assembly of Delegates, the management and investment cost preview shall be drawn up within two weeks by the Director of the pay box after deliberations with the Supervisory Committee. "

17. In § 51 paragraph 1 Z 7 the phrase ", the Risks compensation contribution" .

18. § 51 (1) Z 13 reads:

" 13.

the appointment of the Director of the salary fund and of an all-overdue deputy in accordance with § 67 (1), "

19. § 51 (1) Z 15 shall be replaced by the following Z 15 and 16:

" 15.

the approval of exceedances of the administrative and investment cost previews decided on a point of order to be determined in the Rules of Procedure, or percentage; and

16.

the decision on shareholdings pursuant to § 1 (3). "

20. In § 53 (1), first sentence, the word "Three" by the word "four" replaced.

21. § 54 (1) and (2) reads:

" (1) The Executive Board shall take its decisions separately in the affairs of Section 51 (1) Z 3, 7, 8, 12, 13 and 15 separately by departments. A request shall be accepted if, in each of the two departments, the simple majority of the valid votes are correct for the application. Abstentions do not count on the number of valid votes.

(2) The Board of Management shall take its decisions in the matters of section 51 (1) Z 1, 2, 5, 6, 9 to 11, 14, 16 and 17 as the overall executive board, with the simple majority of valid votes required for the acceptance of an application. Abstentions do not count on the number of valid votes. "

22. The heading to § 55 reads:

"The Obpeople"

Section 55 (1) and (2) reads as follows:

" (1) The Obpeople and their alternates shall be elected by the Assembly of Delegates from the members of the Executive Board.

(2) The Obers and their alternates shall be elected by the delegates of their departments from the members of the Executive Board. In the first ballot, the person who has more than half of the votes cast shall be elected to the Obmann or the Obman's representative. If in the first ballot there are no more than half of the valid votes cast, then a second ballot between those two candidates who have reached the most votes in the first round of voting shall be held. Also in the second ballot, that candidate shall be deemed to have been elected, with more than half of the votes cast in valid votes. In the event of a tie, the ballot shall be repeated again, with renewed equality of votes, to repeat the vote. In the case of renewed voting equality, the lot shall decide. If, after the first ballot, a restriction to two candidates is not possible due to a tied vote, then a run-off vote must first be made between the candidates with the same vote. In the case of renewed voting equality, the lot will decide. "

24. The point at the end of Section 55 (5) Z 9 shall be replaced by a paint, the following Z 10 and 11 shall be added:

" 10.

decision-making on urgent matters which fall within the competence of the Board of Management if the Management Board cannot be convened on time or threatens the failure of the deadline; the Observer will have to inform the Executive Board immediately, and

11.

the approval of exceedances of the administrative and investment cost previews decided on by a point of order to be determined in the Rules of Procedure, or percentage. "

Section 55 (7) shall be replaced by the following paragraphs 7 and 8:

" (7) The Obpeople shall advise and make their decisions as a rule in meetings with the participation of the two alternates, as well as the exclusive co-sitter and the Director of the pay box (Obleutekonferenz).

(8) The Obers shall, without prejudice to Section 5 (11), have the responsibility of their management to ensure that the amounts approved in the administrative and investment cost previews in accordance with section 46 (3) (8) are not exceeded. "

26. In accordance with Article 56 (4), the following paragraph 5 is added:

"(5) If, pursuant to Article 49 (6), there is no decision on administrative and investment cost previews by the Assembly of Delegates, the Supervisory Committee shall be responsible for advising the Director of the salary fund in this regard."

27. § 57 (10) reads:

" (10) In the case of elections in individual institutions, the first ballot shall be deemed to be the candidate for which more than half of the valid votes cast shall be omitted. If, in the first ballot, no more than half of the valid votes cast are no longer than half of the votes cast, a second round of ballot between those two candidates who received the most votes in the first round of voting shall be held. Even in the second ballot, the candidate shall be deemed to have been elected, with more than half of the valid votes cast. In the event of a tie, the ballot shall be repeated again, with renewed equality of votes, to repeat the vote. In the case of renewed tie-up equality in the second repetition, the lot decides. If, after the first ballot, a restriction to two candidates is not possible due to a tied vote, then a run-off vote must first be made between the candidates with the same vote. In the case of renewed voting equality, the lot will decide. "

Section 65 (2) reads as follows:

" (2) The limitations of the Pensionskassengesetz (Pensionskassengesetz), BGBl (pension fund law), are the responsibility of the funds of the payroll-except for § 1 (3). No 281/1990. '

The third and fourth sentences of Section 66 (1) shall be deleted.

30. In § 67 (1), the parenthesis shall be deleted "(Managing)" .

31. § 69 (2) reads:

"(2) The Obaries shall be entitled to give the Director of the salary fund the power of title in the representation of an Obmannes."

32. § 70 reads:

" § 70. The payroll can be made on the homepage of the payroll in the Internet, stating the date of the customer's customer service. In addition, the Austrian Pharmacists 'Chamber (Österreichische Apotheker-Zeitung) has to be connected to the official customer-making body of the Austrian Pharmacists' Chamber. "

Fischer

Faymann