Change Of The Agricultural And Forestry Vocational Training Act And The Agricultural Work Act 1984

Original Language Title: Änderung des Land- und forstwirtschaftlichen Berufsausbildungsgesetzes und des Landarbeitsgesetzes 1984

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_157/BGBLA_2013_I_157.html

157. Federal law be changed with the agricultural and forestry vocational training Act and the agricultural work Act 1984

The National Council has decided:

Article 1

Change of the agricultural and forestry vocational training Act

The agriculture and forestry vocational training Act, Federal Law Gazette No. 298/1990, amended by Federal Law Gazette I no. 133/2011, is amended as follows:

1. (principle provision) § 3 para 2 States:

"(2) the vocational training includes the training 1 in agriculture,



2.



in the rural operations and budget management, 3rd in horticulture, 4th in the field of horticulture, 5th in the orchard and the distilling fruit, 6 in viticulture and enology, 7th in the dairy and dairy economy, 8 in the equine industry, 9 in the fisheries sector, 10 in the poultry industry, 11 in the bee industry, 12 in the forestry, 13 in the forest garden and forest nursing sector, 14 in agricultural warehousing ", 15th in the biomass production and agricultural and forestry bio-energy production."

2. (principle provision) § 4 paragraph 2 States:

"(2) as far as persons in this Federal Act - or function-related labels are still not gender-neutral, the selected form applies to both sexes."

3. (principle of determination) § 7 para 3 is as follows:

"(3) the successful passing of the examination of the skilled worker eligible depending on the teaching profession, where training is done, to the leadership of one of the following job titles, depending on the lead by gender of the expression"Banker"or"Skilled worker"is: 1 banker trades 2. enroll trades rural operations and budget management, 3 enroll trades horticulture, 4. banker trades field vegetable production, 5. banker trades fruit growing and distilling fruit, 6 banker trades viticulture and enology" "That 7 banker trades dairy and dairy economy, 8 banker trades horse economy, 9 banker trades fisheries, 10 banker trades poultry industry, 11 banker/skilled worker bee economy, 12 banker trades forestry, 13 banker trades forest garden and forest nursing sector, 14 banker trades agricultural storage, 15 enroll trades biomass production and agricultural and forestry bio-energy production."

4. (principle provision) § 8 section 3 States:

"(3) the successful visit replaced the apprenticeship and trades examination in the relevant areas of education a higher agricultural and forestry College, relevant universities or universities of applied sciences."

5. (principle of determination) § 12 is as follows:

"Section 12 (1) after at least three years use as banker trades, the successful visit of a Masters preparation training course of at least 360 hours and the completion of the 20th year of life is to allow the enroll / skilled workers to the master examination.

(2) the apprenticeship and vocational training authority has to admit testing recruiters/examination applicants to the master examination if they 1 have reached the age of 24, 2. at least three years have led an agricultural or forestry operations, and 3 attended a Masters preparation course.

(3) which has apprenticeship and professional training place persons who have completed a degree from a relevant university or University of applied sciences and graduates/alumni of higher education establishments for agriculture and forestry to the master examination to admit, if the training areas at these universities, universities of applied sciences or higher agricultural and forestry colleges meet the individual occupations. If the approval scope and extent attributable to departments including the written works to set.

(4) a master craftsman is filed as successful if all tests provided in the examination regulations and the statutory audit were positively assessed. The master House work is to present a Commission.

(5) the successful passing of the master examination entitled, depending on the training field to the leadership of one of the following job titles, depending on the lead by gender of the expression "Champion" or "Master" is: 1. master/master 2nd champion/champion rural operations and budget management, 3. champion/champion horticulture, 4th champion/masters field vegetable production, 5 champion/champion fruit growing and distilling fruit, 6 champion/champion viticulture and enology, 7 master/master Molkerei-and dairy economy , 8 master/master horse economy, 9 master/master fishing industry, 10 champion/champion poultry industry, 11 master/master bee economy, 12 champion/champion forestry, 13 champion/champion forest garden and forest nursing sector, 14 master/master agricultural storage, 15 master/master biomass production and agricultural and forestry bio-energy production.

(6) the banker / skilled workers acquired skills in the sense of § 11 and if he can prove vocational training in addition to General knowledge in her/his particular knowledge in this field, as it acquires the designation champion or champions with the name of the relevant Department. The titles chosen in paragraph 5 should be used.

(7) in the examination regulations can be provided that in individual occupations exams for the master examination of individual parts of the profession before the in paragraph 1 are already allowed dates specified therein. The detailed requirements are to govern by the implementing legislation.

(8) the implementing legislation may provide for certain occupations that the education regulations include also in addition focused on student knowledge and skills. Recording called the center of gravity in the master certificate is only permissible if this is foreseen in the training regulations. Master certificate have the job titles listed in paragraph 5 with the addition of the relevant focus to lead."

6. (principle provision) § 13 para 2 States:

"(2) the apprenticeship and vocational training authority has request a test candidate / a test advertisers (leniency candidate/leniency applicants) to admit to the skilled worker assessment if these/this has aged 20 years and proves that he has acquired the knowledge and skills required in the relevant profession in other ways." Such a purchase is, for example, through a practice according to long in a branch of the agriculture and forestry and the successful visit of a preparatory training course of at least 200 hours. Further are provisions by the implementing legislation meet."

7. (principle provision) § 15 para 1 States:

"Section 15 (1) the recognition as legitimate teaching/teaching justified and as teaching is carried out by agricultural or forestry apprentice and vocational training authority after consultation with the agriculture and forestry inspection and is the of the authorised as well as size and appropriate body of the operation conditions such as personal and professional suitability and, if necessary, to establish requirements." Discontinuation of the required conditions the recognition is to withdraw."

8. (principle of determination) § 15 paragraph 7 reads:

"(7) a prerequisite for the recognition of authorised or trainers is the personal and professional suitability for the training of apprentices. Personal suitability is taking to assess the previous lifestyle. It is anyway, not given to persons sentenced for an intentional offence on the basis of official offence by a court, if this conviction is been eradicated, nor under the principal Act 1972, Federal Law Gazette No. 68/1972, is subject to the limited information. People, the 1 are technically suitable.
completing a higher agricultural and forestry College, a University, technical college or college specialising in relevant, if a) pedagogical didactic contents and legally relevant provisions for the apprenticeships were introduced or b) instructor courses or training courses with content after lit. a have been completed or 2.
in the education area, the master test have filed, or 3 where a sufficient actual professional competence to the adequate and sufficient training of apprentices can be accepted and detected the successful visit by at least Mozart instructor courses or training courses also pedagogical and didactic skills,. A sufficient actual professional competence exists in any case, if a relevant examination of skilled workers in the respective training area or an equivalent training is proven."

9. (determination of principle of) the following sentence is added to § 15a paragraph 1:

"The agricultural or forestry apprentice and vocational training authority has to inform the agriculture and forestry inspection of the permit."

10. (directly applicable federal law) § 15a the following paragraph 7 is added:


(7) (directly applicable federal law) Takes place in an educational establishment in accordance with paragraph 1a agricultural and forestry training, has to inform the responsible educational institution responsible agriculture and forestry inspection. It is to specify how many persons are trained in what discipline."

11. (directly applicable federal law) section 22 the following paragraph 7 is added:

"(7) (directly applicable federal law) the implementing legislation of the countries § 3 para 2, § 4 paragraph 2, § 7 para 3, § 8 para 3, § 12, § 13 para 2, § 15 para 1 and 7 and § 15a paragraph 1 as amended by Federal Law Gazette I are no. 157/2013 to adopt within six months after the day following the announcement."

Article 2

Amendment to the agricultural work Act 1984

The agricultural work Act 1984, BGBl. No. 287, last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1. (determination of principle of) in article 126, paragraph 1, the last sentence does not apply.

2. (determination of principle of) in section 132 Z 8 is the point replaced with a semi-colon and following Z 9 added: "9 with early positive time of skilled workers in accordance with § 7 para 1 and 2 LFBAG, the apprenticeship at the end of the calendar week in which the test has been successfully passed, ends."

3. (determination of principle of) in section 231, paragraph 2, the last sentence reads:

"Not concluded a settlement of the dispute on the person of the Chairman within two weeks of submission (para. 1), so he is one of the dispute by the Chairman of the upper unification Commission on request to order; This order has to be made that are in the country for which the agricultural and forestry conciliation office is to establish a labour and social court or a State Court appointed and entrusted with the case-law in cases of work there at the time of your order from the circles of career judges."

4. (principle provision) § 284 paragraph 2 Z 1 to 47 States: "1 house mates and domestic workers Act, Federal Law Gazette No. 235/1962, as amended by Federal Law Gazette I no. 100/2002, 2 GewO 1994 - GewO 1994, BGBl. No. 194, in the version of Federal Law Gazette I no. 85/2012, 3rd execution order, RGBl. No. 79/1896, as amended by Federal Law Gazette I no. 33/2013" , 4. General Law of Social Insurance - ASVG, Federal Law Gazette No. 189/1955, as amended by Federal Law Gazette I no. 67/2013, 5. income tax Act 1988 - EStG 1988, Federal Law Gazette No. 400, as amended by Federal Law Gazette I no. 53/2013, 6 farmers social insurance law BSVG, Federal Law Gazette No. 559/1978, as amended by Federal Law Gazette I no. 3/2013, 7 industrial social security law - GSVG, BGBl. No. 560/1978 , as amended by Federal Law Gazette I no. 3/2013, 8 civil code, DL No. 946/1811, as amended by Federal Law Gazette I no. 50/2013, 9 civil procedure [ZPO, RGBl. No. 113/1895, as amended by Federal Law Gazette I no. 26/2013, 10 general pension law - acts, Federal Law Gazette I no. 142/2004, as amended by Federal Law Gazette I no. 35/2012 , 11 labour and social courts act - ASGG, BGBl. No. 104/1985, as amended by Federal Law Gazette I no. 50/2013, 12 split law - spin-off, BGBl. No. 304/1996, as amended by Federal Law Gazette I no. 53/2011, 13 military law 2001 - WG 2001, Federal Law Gazette I no. 146, in the version of Federal Law Gazette I no. 63/2012, 14 Civil Service Act 1986 - ZDG, BGBl. No. 679 , as amended by Federal Law Gazette I no. 87/2012, 15 unemployment insurance Act 1977 - AlVG, Federal Law Gazette No. 609, as amended by Federal Law Gazette I no. 71/2013, 16 labour market support act - AMFG, Federal Law Gazette No. 31 / 1969, as amended by Federal Law Gazette I no. 71/2013, 17 child care money law - KBGG, Federal Law Gazette I no. 103/2001, as amended by Federal Law Gazette I no. 139/2011 , 18 operational employees and self-employed persons Pension Act - BMSVG, Federal Law Gazette I no. 100/2002, as amended by Federal Law Gazette I no. 67/2013, 19 pension fund law - PKG, BGBl. No. 281/1990, as amended by Federal Law Gazette I no. 70/2013, 20 holiday peace Act 1957, Federal Law Gazette No. 153, in the version of Federal Law Gazette I no. 113/2006, 21 home work Act 1960, Federal Law Gazette No. 105/1961 , as amended by Federal Law Gazette I no. 74/2009, 22 school education Act 1986 - SchUG, BGBl. No. 472, in the version of Federal Law Gazette I no. 73/2012, 23 school Organization Act, Federal Law Gazette No. 242/1962, as amended by Federal Law Gazette I no. 79/2012, 24 victims Care Act, Federal Law Gazette No. 183/1947, as amended by Federal Law Gazette I no. 71/2013, 25 development cooperation Act - EZA-G , BGBl. I no. 49/2002, as amended by Federal Law Gazette I no. 65/2003, 26 chemicals Act 1996 - ChemG 1996, Federal Law Gazette I no. 53/1997, as amended by Federal Law Gazette I no. 50/2012, 27 plant protection products act 2011, Federal Law Gazette I no. 10, 28 waste management Act 2002 - AWG 2002, Federal Law Gazette I no. 102, as amended by Federal Law Gazette I no. 35/2012 , 29 biocidal products act - the biocidal products Act, Federal Law Gazette I no. 105/2000, as amended by Federal Law Gazette I no. 114/2012, 30 employee - after, Federal Law Gazette No. 450/1994, as amended by Federal Law Gazette I no. 71/2013, 31 medical law 1998 - ÄrzteG 1998, Federal Law Gazette I no. 169, in the version of Federal Law Gazette I no. 80/2012, 32. agricultural and forestry vocational training Act - LFBAG, Federal Law Gazette No. 298/1990 , as amended by Federal Law Gazette I no. 133/2011, 33 employees act, Federal Law Gazette No. 292/1921, as amended by Federal Law Gazette I no. 58/2010, 34th Estate employees act, Federal Law Gazette No. 538/1923, as amended by Federal Law Gazette I no. 58/2010, 35. Workplace Safety Act 1991 - APSG, BGBl. No. 683, in the version of Federal Law Gazette I no. 71/2013, 36. German Stock Corporation Act 1965 , BGBl. No. 98, as amended by Federal Law Gazette I no. 35/2012, 37. Act - GmbHG, RGBl. No. 58/1906, as amended by Federal Law Gazette I no. 53/2011, 38th labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. 71/2013, 39. company law book, dRGBl. No. 219/1897, as amended by Federal Law Gazette I no. 50/2013, 40th National Council election regulations 1992, Federal Law Gazette No. 471, in the version of Federal Law Gazette I no. 66/2013, 41. SCE Act, Federal Law Gazette I no. 104/2006, 42. insurance supervision Act, Federal Law Gazette No. 569/1978, as amended by Federal Law Gazette I no. 70/2013, 43. equalisation Act 1967, Federal Law Gazette No. 376, in the version of Federal Law Gazette I no. 60/2013 , 44. labour market policy financing Act AMPFG, Federal Law Gazette No. 315/1994, as amended by Federal Law Gazette I no. 67/2013, 45. civil law mediation Act - ZivMediatG, Federal Law Gazette I no. 29/2003, 46.

"Labour market Service Act - AMSG, BGBl. No. 313/1994, as amended by Federal Law Gazette I no. 71/2013, 47. disability adjustment Act - BEinstG, Federal Law Gazette No. 22 / 1970, as amended by Federal Law Gazette I no. 71/2013."

4. (directly applicable federal law) § 285 56 the following paragraph shall be added:

"(56) (directly applicable federal law) the implementing legislation of countries to article 126 par. 1, § 132 Z 9, § 231 para 2 last sentence of § 284 paragraph 2 as amended by Federal Law Gazette I no. 157/2013 are within six months after the day following the announcement, as well as to adopt."

Fischer

Faymann