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

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157. Federal law amending the Agricultural and Forest Vocational Training Act and the Land Labour Act 1984

The National Council has decided:

Article 1

Amendment of the agricultural and forestry vocational training law

The Land and Forest Vocational Training Act, BGBl. No 298/1990, as last amended by the Federal Law BGBl. I No 133/2011, shall be amended as follows:

1. ( Basic specification) Section 3 (2) reads as follows:

" (2) Vocational training includes training

1.

agriculture,

2.

in rural operations and household management,

3.

in horticulture,

4.

in the field vegetable sector,

5.

in orchards and in fruit utilization,

6.

in winegrowing and in the cellar economy,

7.

in the dairy and cheese industry,

8.

in the equestrian economy,

9.

in the fisheries sector,

10.

in the poultry industry,

11.

in the beekeeping sector,

12.

in the forestry sector,

13.

in the forestry and forestry management sector,

14.

in agricultural warehousing,

15.

in biomass production and agricultural and forestry bioenergy production. "

2. (Policy determination) Section 4 (2) reads as follows:

"(2) As far as persons or function-related designations are not yet formulated in a gender-neutral manner in this federal law, the chosen form shall apply to both sexes."

3. (Policy determination) Section 7 (3) reads as follows:

"(3) The successful filing of the skilled worker examination entitles, depending on the teaching profession in which the training is to be carried out, to the guidance of one of the following occupational designations, with the term" skilled worker "or" skilled worker " depending on the sex. is to be found:

1.

Specialist/skilled worker agriculture,

2.

Specialist/Specialworker l Legal and budgetary management,

3.

Specialist/skilled worker horticulture,

4.

Skilled worker/skilled worker field vegetable cultivation,

5.

Specialist/skilled worker fruit growing and fruit utilization,

6.

Specialist/specialist in viticulture and wine-growing,

7.

Skilled worker/specialist dairy and cheese industry,

8.

Skilled worker/Specialworker Horse economy,

9.

Skilled worker/skilled worker fisheries management,

10.

Skilled Worker Poultry Industry,

11.

Skilled worker/skilled worker beekeeping,

12.

Skilled Worker Forestry,

13.

Skilled worker/skilled worker forestry and forestry management,

14.

Specialist/skilled worker in agricultural warehousing,

15.

Specialist worker/skilled worker biomass production and agricultural and forestry bioenergy production. "

4. (Policy determination) Section 8 (3) reads as follows:

"(3) The successful visit of a higher agricultural and forestry institute, relevant universities or universities of applied sciences replaces the teaching and the skilled worker examination in the relevant training areas."

5. (Policy determination) § 12 reads:

" § 12. (1) After a minimum of three years of use as a skilled worker, a successful visit to a master preparatory course of at least 360 hours and the completion of the 20. The skilled worker is to be admitted to the master's examination for the year of life.

(2) The apprentiary and specialised training centre has to admit examination advertisers to the Master Examination if they

1.

the 24. have completed their life year,

2.

have run for at least three years a country and forestry operation, and

3.

have attended a master preparatory course.

(3) The apprentiary and specialised training centre has persons who have completed a course of study at a relevant university or university of applied sciences. Allow graduates of higher agricultural and forestry courses to be admitted to the master examination if the fields of training at these universities, universities of applied sciences or higher agricultural and forestry institutes are given to the individual. Vocational training occupations. The scope and extent of the areas of expertise to be set up, including written work, shall be determined in the case of the authorisation.

(4) A master examination is deemed to be successful if all the partial examinations provided for in the examination regulations as well as the final examination have been positively assessed. The master housework is to be presented in front of an examination board.

(5) The successful filing of the Master Examination entitles, depending on the field of training, to the guidance of one of the following occupational designations, whereby the term "master" or "master" is to be applied depending on the sex:

1.

Master/Master of Agriculture,

2.

Meisterin/Meister l Legal and budgetary management,

3.

Master/Master Gardening,

4.

Meisterin/Meister FeldVegesebau,

5.

Master orchard orchard and fruit utilization,

6.

Master/master winegrowing and cellar economy,

7.

Master/master dairy and cheese industry,

8.

Master/Master Horse Economy,

9.

Meisterin/Meister Fisheries Management,

10.

Master/Master Poultry Industry,

11.

Master/master bee economy,

12.

Master/Master Forestry,

13.

Master Forestry and Forestry Management,

14.

Master/master agricultural warehousing,

15.

Master/master biomass production and agricultural and forestry bioenergy production.

(6) If the skilled worker has acquired special skills within the meaning of § 11 and, in addition to general knowledge in his/her training profession, he/she can demonstrate special knowledge in this field, she/he acquires the Title Master or Master with the name of the specific area concerned. The professional names chosen in paragraph 5 shall be used.

(7) It may be provided in the examination regulations that, in individual training occupations, partial examinations for the master examination of individual parts of the professional image are already admissible before the dates mentioned in paragraph 1. The more detailed conditions are to be regulated by the implementing legislation.

(8) Implementing legislation may provide for certain training occupations that the training rules also include knowledge and skills to be provided in addition to the emphasis on training. The inclusion of the name of the centre of gravity in the examination certificates shall be admissible only if this is provided for in the training regulations. Master certificates shall have the employment names referred to in paragraph 5 with the addition of the relevant priority. "

6. (Policy determination) Section 13 (2) reads as follows:

" (2) On request, the apprentiary and specialised training centre has to admit an examiner (s) to the examination for the examination of the skilled worker if he/she/he/he/she is the 20. It has completed a life year and has made it credible that it has acquired the skills and knowledge required by the relevant teaching profession in a different way. Such an acquisition is due, for example, to a correspondingly long practical activity in a branch of agriculture and forestry and the successful attendance of a preparatory course of at least 200 hours. More detailed provisions are to be made by implementing legislation. "

7. (Policy determination) Section 15 (1) reads as follows:

" § 15. (1) The recognition as a lecturer/lecturer and as a teaching establishment is carried out by the agricultural and forestry apprentistation and specialist training centre after consultation of the agricultural and forestry economic inspection and is subject to conditions such as the personal and professional aptitude of the lecturer as well as the size and corresponding establishment of the holding and, if necessary, subject to conditions. In case of omission of the required conditions, the recognition shall be revoked. "

8. (Policy determination) Section 15 (7) reads as follows:

" (7) The prerequisite for the recognition of teachers and/or Trainers are the personal and professional aptitude for the training of apprentices. The personal aptitude is to be assessed on the basis of the previous life-management. In any event, it is not given to persons who have been convicted by a court of law on the grounds of an offence committed intentionally, if that conviction has not been redeemed or the restricted information provided for by the Court of Justice has been refused. the Tilgungsgesetz 1972, BGBl. No 68/1972. Persons skilled in the art are persons who

1.

have completed a higher agricultural and forestry teaching institution, a university, university of applied sciences or higher education institution with a relevant subject area, provided that:

a)

pedagogically didactic content and legally relevant provisions for teaching training have been provided, or

b)

Instructing courses or training courses with content according to lit. Have been completed or

2.

have taken the master examination in the training area concerned, or

3.

where sufficient effective professional competence can be accepted for the appropriate and adequate training of apprentices and the successful attendance of at least forty-two-hour training courses or training courses, who also teach pedagogically didactical skills. In any case, there is sufficient effective professional competence if a relevant specialist worker examination in the respective training area or equivalent training is demonstrated. "

9. (Policy determination) The following sentence shall be added to section 15a (1):

"The agricultural and forestry apprentistation and specialist training centre has to inform the agricultural and forestry inspection department of the authorization."

10. (Federal Law Applicable directly) The following paragraph 7 is added to section 15a:

" (7) (federal law directly applicable) If a training facility in accordance with subsection 1a also provides for training in agriculture and forestry, the responsible training institution must agree on the competent agricultural and forestry inspection inspection. It is necessary to indicate how many persons are trained in which specialist direction. "

11. (Federal Law Applicable directly) The following paragraph 7 is added to Article 22:

" (7) (federal law directly applicable) The implementing laws of the Länder on § 3 para. 2, § 4 para. 2, § 7 para. 3, § 8 para. 3, § 12, § 13 para. 2, § 15 para. 1 and 7 as well as § 15a para. 1 in the version of the Federal Law BGBl. I No 157/2013 shall be adopted within six months of the date on which the customer is to be held. "

Article 2

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. (Policy determination) In § 126 (1) the last sentence is deleted.

2. (Policy determination) In § 132 Z 8, the point shall be replaced by a stroke, and the following Z 9 shall be added:

" 9.

with early positive filing of the skilled worker examination in accordance with § 7 para. 1 and 2 LFBAG, whereby the apprenticeship period ends with the end of the calendar week in which the examination has been successfully filed. "

3. (Policy determination) In Section 231 (2), the last sentence is:

" If an agreement of the Armed Forces is reached on the person of the Chairman within two weeks from the date of application (paragraph 1). 1) it shall be ordered at the request of one of the parts of the dispute by the Chairman of the Administrative Commission; this order shall be made out of the circle of the professional judges in the country for which the agricultural and forestry The Court of Appeal shall be appointed, in the case of a labour and social court, or at a national court, where, at the time of its appointment, it shall be entrusted with the case-law in the case of labour law. "

4. (Policy determination) Section 284 (2) Z 1 to 47 reads as follows:

" 1.

Hausgehilfen-und Hausangestelltengesetz, BGBl. No. 235/1962, in the version of the Federal Law BGBl. I No 100/2002,

2.

Gewerbeordnung 1994-GewO 1994, BGBl. No. 194, in the version of the Federal Law BGBl. I No 85/2012,

3.

Executive order, RGBl. No. 79/1896, in the version of the Federal Law BGBl. I No 33/2013,

4.

General Social Security Act-ASVG, BGBl. No. 189/1955, in the version of the Federal Law BGBl. I No 67/2013,

5.

Income Tax Act 1988-EStG 1988, BGBl. No. 400, in the version of the Federal Law BGBl. I No 53/2013,

6.

Farmers-Social Security Act-BSVG, BGBl. No. 559/1978, in the version of the Federal Law BGBl. I No 3/2013,

7.

Industrial Social Security Act-GSVG, BGBl. No. 560/1978, in the version of the Federal Law BGBl. I No 3/2013,

8.

General civil code, JGS No. 946/1811, in the version of the Federal Law BGBl. I No 50/2013,

9.

Civil Procedure Code-ZPO, RGBl. No. 113/1895, in the version of the Federal Law BGBl. I No 26/2013,

10.

General Pension Act-APG, BGBl. I n ° 142/2004, in the version of the Federal Law BGBl. I No 35/2012,

11.

Labor and Social Courts Act-ASGG, BGBl. No. 104/1985, in the version of the Federal Law BGBl. I No 50/2013,

12.

Fission Act-nip G, BGBl. No. 304/1996, in the version of the Federal Law BGBl. I No 53/2011,

13.

Wehrgesetz 2001-WG 2001, BGBl. I n ° 146, in the version of the Federal Law BGBl. I No 63/2012,

14.

Civil Service Law 1986-ZDG, BGBl. No. 679, in the version of the Federal Law BGBl. I No 87/2012,

15.

Unemployment Insurance Act 1977-AlVG, BGBl. No. 609, in the version of the Federal Law BGBl. I No 71/2013,

16.

Labour Market Promotion Act-AMFG, BGBl. No 31/1969, in the version of the Federal Law BGBl. I No 71/2013,

17.

Child Care Money Act-KBGG, BGBl. I n ° 103/2001, as amended by the Federal Law BGBl. I No 139/2011,

18.

Company employee and self-employment protection law-BMSVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 67/2013,

19.

Pensionskassengesetz-PKG, BGBl. No. 281/1990, in the version of the Federal Law BGBl. I No 70/2013,

20.

Solemn Law 1957, BGBl. No. 153, in the version of the Federal Law BGBl. I No 113/2006,

21.

Home Labor Act 1960, BGBl. No. 105/1961, in the version of the Federal Law BGBl. I No 74/2009,

22.

School teaching law 1986-SchUG, BGBl. No. 472, in the version of the Federal Law BGBl. I No 73/2012,

23.

School Organization Law, BGBl. No. 242/1962, in the version of the Federal Law BGBl. I No 79/2012,

24.

Victims ' Care Act, BGBl. No. 183/1947, in the version of the Federal Law BGBl. I No 71/2013,

25.

Development Cooperation Act-EZA-G, BGBl. I n ° 49/2002, as amended by the Federal Law BGBl. I No 65/2003,

26.

Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 50/2012,

27.

Plant Protection Products Act 2011, BGBl. I No 10,

28.

Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, in the version of the Federal Law BGBl. I No 35/2012,

29.

Biocidal Products-Law-Biocide-G, BGBl. No 105/2000, in the version of the Federal Law BGBl. I No 114/2012,

30.

Workers ' Protection Act-ASchG, BGBl. No. 450/1994, in the version of the Federal Law BGBl. I No 71/2013,

31.

Medical Law 1998-Medical Law 1998, BGBl. I n ° 169, as amended by the Federal Law BGBl. I No 80/2012,

32.

Agricultural and Forestry Vocational Training Act-LFBAG, BGBl. No 298/1990, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 133/2011,

33.

Angestelltengesetz, BGBl. No 292/1921, in the version of the Federal Law BGBl. I No 58/2010,

34.

Law on property rights, BGBl. No. 538/1923, in the version of the Federal Law BGBl. I No 58/2010,

35.

Workplace-Backup Act 1991-APSG, BGBl. No. 683, in the version of the Federal Law BGBl. I No 71/2013,

36.

Stock Law 1965, BGBl. No. 98, in the version of the Federal Law BGBl. I No 35/2012,

37.

GmbH-Gesetz-GmbHG, RGBl. No. 58/1906, in the version of the Federal Law BGBl. I No 53/2011,

38.

Labour Constitutional Law, BGBl. No. 22/1974, in the version of the Federal Law BGBl. I No 71/2013,

39.

Corporate Code, dRGBl. No. 219/1897, in the version of the Federal Law BGBl. I No 50/2013,

40.

National Council Electoral Regulations 1992, BGBl. No. 471, in the version of the Federal Law BGBl. I No 66/2013,

41.

SCE law, BGBl. I No 104/2006,

42.

Insurance Supervision Act, BGBl. No. 569/1978, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 70/2013,

43.

Family Law Balancing Act 1967, BGBl. No. 376, in the version of the Federal Law BGBl. I No 60/2013,

44.

Labour Market Policy-Financing Act-AMPFG, BGBl. No. 315/1994, in the version of the Federal Law BGBl. I No 67/2013,

45.

Civil Law-Mediations-Law-ZivMediatG, BGBl. I No 29/2003,

46.

Labour Market Service Act-AMSG, BGBl. No. 313/1994, in the version of the Federal Law BGBl. I No 71/2013,

47.

Disability Act -BEinstG, BGBl. No. 22/1970, in the version of the Federal Law BGBl. I No 71/2013. "

4. (Federal Law Applicable directly) The following paragraph 56 is added to section 285:

" (56) (federal law directly applicable) The implementing laws of the Länder on § 126 (1), § 132 Z 9, § 231 (2), last sentence, as well as § 284 (2) in the version of the Federal Law BGBl. I No 157/2013 shall be adopted within six months of the date on which the customer is to be held. "

Fischer

Faymann