Labour Law Amendment Act 2013 - 2013 Aräg

Original Language Title: Arbeitsrechts-Änderungsgesetz 2013 – ARÄG 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_138/BGBLA_2013_I_138.html

138. Federal law be changed with the labour contract law adjustment Act, the operational staff and self-employment provisions Act, operating pension law, the agricultural work Act of 1984, the Federal care allowance Act, the maternity protection Act 1979, the fathers parental leave Act, the unemployment insurance law of 1977, the labour market Service Act, the General Law on social security, the general pension law (11 short story to the APG), the children's and youth employment act 1987, the Federal Social Welfare Office and the equalisation Act 1967 (Labour Law Amendment Act 2013 - ARÄG 2013)

The National Council has decided:

Table of contents



Art.                                                          Subject 1 amendment to the labor contract law adjustment Act 2 change of company employees and self-employed persons Pension Act 3 amending the operating pension law 4 amendment of the agricultural work Act 1984 5 amendment of the Federal care allowance Act 6 amending the maternity protection Act 1979 7 amendment to the fathers parental leave Act 8 amendment to the unemployment insurance Act 1977 9 amendment of the labour market Service Act 10 amendment of the General Social Insurance Act 11 amending the general pension law (11 short story to the APG) 12 change of children's and youth employment law 1987 13 amendment to the Federal Office of Social Affairs Act 14 amendment to the equalisation Act 1967 article 1

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, amended by the Federal Act, Federal Law Gazette I no. 107/2013, is amended as follows:

1. in the article 1, par. 4, the quote "11 to 15," with the quote "from 11 to 14 b," will be replaced.

2. in article 11 par. 3, the phrase "or a training service pursuant to §§ 37ff" is inserted after the quote "article 19".

3. pursuant to paragraph 14B are inserted following paragraph § 14 c and 14 d including headings:

"Nursing leave

§ 14c. (1) an employee and employer may, if the employment relationship has continuously lasted three months, writing a care leave against elimination of work remuneration for the purpose of the care or support of a nearby relatives within the meaning of § 14a, which at the time of commencement of parental of care / nursing allowance from the level 3 according to § 5 of the Federal care allowance Act (BPGG), BGBl. No. 110 / 1993, who arrange for a period of at least one month to three months. Such an agreement must be in principle only once per betreuendem/supporting close family member. In the case of a substantial increase of maintenance needs at least to a level of care allowance (§ 9 para 4 BPGG) a renewed agreement of the care leave is allowed but unique. The agreement of care maternity leave is allowed also for the care and support of demenziell diseased or minor close relatives, unless at the time of the commencement of the care leave nursing allowance from the level 1 is to this. / The workers already took a care leave, the agreement of a care part-time for the same person swarms is not permitted.

(2) the agreement referred to in paragraph 1 must include beginning and duration of parental of care. When the agreement on the care leave is the interests of / employee/employee and to take into consideration on the needs of the operation. In establishments where a Works Council responsible for the employee is built, this is at the request of the / employee/employee negotiations to consult.

(3) the employee may the premature return to the original normal working hours to



1 admission to inpatient care or care in nursing homes and similar facilities, 2. transferring not only temporary care or supervision by another support person, and 3. the death of / require the close family member. The return must be at the earliest two weeks after the notification of the occurrence of the reasons referred to in the first sentence.

(4) an employee and employer can a care leave pursuant to paragraph 1 for a period of at least one month to three months also in temporary employment in a seasonal operation (§ 53 para 6 ArbVG) agree, if the fixed-term employment relationship has continuously lasted two months and each one before a care leave employment to the / exists to the same employer in the amount of at least three months. Times of temporary employment to the / to the same employer, which are the respective care leave within a period of four years prior, are to comprise with regard to the requirement of the minimum period of employment.

(5) in addition, article 11 is para  2, 3 and 4 apply accordingly.

Care part time

section 14 d. (1) if the conditions laid down in § 14 c para 1 employee and employer can, in writing a reduction in the normal working week of / agree on the employee/worker for a period of at least one month to three months. The weekly normal working hours agreed to in the nursing part time must be at least ten hours. Such an agreement must be in principle only once per betreuendem/supporting close family member. In the case of a substantial increase of maintenance needs at least to a level of care allowance (§ 9 para 4 BPGG) a renewed agreement the care part time is allowed but unique. / The workers already took a care part time, the agreement of a care leave for same person swarms is not permitted.

(2) the agreement referred to in paragraph 1 has commenced, to contain extent and location of part-time employment, and the business interests and the interests of / to consider the employee/worker. In establishments where a Works Council responsible for the employee is set up, this is at the request of the / employee/employee negotiations to consult. Agreements which provide for changes in the extent of part-time employment, are prohibited.

(3) the employee may the premature return to the original normal working hours to



1 admission to inpatient care or care in nursing homes and similar facilities, 2. transferring not only temporary care or supervision by another support person, and 3. the death of / require the close family member. The return must be at the earliest two weeks after the notification of the occurrence of the reasons referred to in the first sentence.

(4) fall within a calendar year also times a maintenance part time, fees / employee other, especially non-recurring remuneration within the meaning of section 67, paragraph 1 EStG 1988 to the extent corresponding to the full-time and part-time employment during the calendar year.

(5) Furthermore the articles 11, paragraph 3 and paragraph 4, as well as 14 c are mutatis mutandis apply paragraph 4."

4. in § 15 para 1 and 2, the quote "sections 11 to 14" by the quote is replaced "sections 11 to 14, 14 c, 14 d".

5. § 19 para 1 is attached following Z 30:



"30 § 1 para 4, 11 (3) and 14 c 14 d including headings and article 15, paragraph 1 and 2 in the version of Federal Law Gazette I no. 138/2013 with 1 January 2014 into force."

Article 2

Change of company employees and self-employed persons Pension Act

The operational staff and self-employed Pension Act, Federal Law Gazette I no. 100/2002, as last amended by the Federal Act, Federal Law Gazette I no. 135/2013, is amended as follows:

1. in the section 6 para 4 is the expression "the solidarity bonus model in accordance with § 13 AVRAG" inserted the phrase "the reduction in the normal working hours according to the sections 14a, 14b, or 14 d AVRAG,".

2. paragraph 7 subsection 6:

"(6) for the duration of an exemption against elimination of pay according to the § 14a or 14B AVRAG or a care leave pursuant to § 14c AVRAG has the / the worker entitlement to a contribution to the detriment of the Federal Government amounting to 1.53% of the fictional base in the amount of the childcare allowance pursuant to section 5 b 1 KBGG."

3. According to article 52, paragraph 1, the following paragraph 1a is added: "(1a) that paragraph 1 ends with the day prior to the receipt of an own pension from a statutory pension insurance, dues after the beneficiaries unless obliged within one month after notification about the end of the obligation to contribute in writing to the social security institution of the commercial economy, continue to make a contribution referred to in paragraph 1. The contribution obligation ends with use of own pension and private pension subsequently falls away, the obligation to contribute occurs again for the respective periods."

4. § 52 para  2 third sentence reads:

"Already contributions forwarded to the BV cash are especially when a retroactive elimination of the compulsory insurance in the sense of § 49 para 2 or the obligation to contribute in accordance with paragraph 1a not refund."

5. paragraph 55 para 2:

"(2) the disposal of the self-employed pension may be required



1. in any case, from claiming an own pension from the statutory pension insurance (time of delivery of the final decision) or similar legislation of the Member States of the European economic area, or 2.

If the beneficiaries (entitled) to make no contributions by this federal law or similar Austrian legislation has at least five years and the beneficiaries (entitled) complies with the requirement 1 or 2 of paragraph 1 Z of Z."

6 23 the following paragraph is added to article the 73:

"(23) §§ 6 para 4, 7 paragraph of 6, 52 paragraph 1a, 52 para 2 third sentence and 55 para 2 as amended by Federal Law Gazette I no. 138/2013 with 1 January 2014 into force." These provisions shall apply to waivers against elimination of pay or reductions of the normal working hours according to the § 14a or 14B AVRAG insofar as these start after December 31, 2013. On running at the time of entry into force of this federal law exemptions against elimination of pay or reductions of the normal working hours according to the § 14a or 14B AVRAG, § 7 paragraph 6 as amended before the entry into force of this Federal Act will be applied. Persons who receive a private pension under the statutory pension insurance at the time of entry into force of this federal law and after the 4th part is subject to the self-employed pension, can explain in writing until 31 December 2014 compared to the social insurance institution of for trade and industry to make no contributions after the 4th part. The contribution obligation ends with the end of the calendar month in which received this statement with the social insurance institution of for trade and industry. The available claim arises with the month following the end of the contribution obligation."

Article 3

Amendment of operating pension Act

The operating pension Act, Federal Law Gazette No. 282/1990, as last amended by the Federal Act, Federal Law Gazette I no. 67/2013, is amended as follows:

1 in § 3 section 4 is in the fourth set after the quote "14A" the quote ", 14c" and in the fifth set after the quote "14A" the quote ", 14 d" added.

2. in the section 6a (4) is in the fourth set after the quote "14A" the quote ", 14c" and in the fifth set after the quote "14A" the quote ", 14 d" added.

3. pursuant to article VI paragraph 1 Z 12 will be added following Z 13:



"I no. 138/2013 13 that sections 3 (4) and 6a of paragraph 4 in the version of Federal Law Gazette with 1 January 2014 into force."

Article 4

Amendment to the agricultural work Act 1984

The agricultural work Act 1984, BGBl. No. 287, as last amended by the Federal Act, Federal Law Gazette I no. 67/2013, is amended as follows:

1. (principle determination) §§ 26 d and 26 along with headings are:

"Leave of the adoptive - or nursing father

section 26 d. (1) eligible for leave under the sections 26a to 26 c has mentioned terms and conditions, unless the following not otherwise determined is, also an employee, of a child which has not yet completed the second year of life,



1. child instead adopted has (adoptive father);

2. with the intention of it's child instead to assume has taken in unpaid care (foster father).

(2) in the case of adoption of a child's place or the maternity leave begins with the date of adoption, the adoption or following a cooling-off of the other parent, adoptive and foster parents part takeover in unpaid care.

(3) the employee takes parental leave at the earliest possible date, he has known his employer immediately start and duration of the maternity leave from sections 26a or 26B to give. Notwithstanding the expiry of this period, maternity leave can be arranged after the sections 26a or 26B.

(4) an employee takes a child after the expiry of the 18 month of life, but prior to completion of the second year of life to child rather than to or he takes it in free maintenance with the intention of it's child instead to assume he can also take maternity leave in the amount up to six months over the second year of life of the child claimed.

(5) an employee takes a child at the end of the second year of life, but before completion of the seventh year of the child's child rather than to or he takes it with the intention of it's child instead to assume in unpaid care, on the occasion of the adoption or adoption in unpaid care is entitled to maternity leave with a duration of six months. In addition, sections 26a and 26B shall apply.

(6) sections 26 are b and 26c shall apply, that the term "the other parent" in the correct grammatical form takes the place of the concept of "mother" in the used grammatical form.

Maternity leave in the absence of the other parent

§ 26. (1) is the other parent, adoptive, or foster parent prevents not just relatively short time to take care of the child itself through an unpredictable and unavoidable event for one, the service holder (father, adoptive and foster father in the sense of § 26 d 1) on his desire for the duration of prevention, at least to grant maternity leave is at the latest until the end of the second year of life of the child, , if he lives with the child in the same household. The same applies to prevent the other parent, adoptive and foster parents part, taking legitimate leave at the end of the second year of life of the child.

(2) an unexpected and unavoidable event is just:



1 death, 2. stay at a hospital and nursing home, 3. serving a custodial sentence as well as detention based on governmental arrangement in an otherwise, 4. severe disease, 5. Elimination of the joint household of the other parent, adoptive and foster parents part with the child or the care of the child.

(3) the employee has to announce commencement and expected duration of the leave his employer immediately and to prove the circumstances of the claim.

(4) the right to maternity leave is also then, if the employee has already consumed maternity leave, started a part-time work according to § 26j, 26 k or 26q or stopped, or pending maternity leave or part-time work for a later date. The sections 26f are 26i to apply."

1a. (determination of principle of) is section 26f para 1 No. 2:



"2. when the end of parental leave or part-time work according to § 26j, 26 k or 26q, which is taken as a result of the prevention of the other parent, adoptive and foster parents part claim."

1B. (determination of principle of) in § 26 l 1 is the quote "§§ 167, para. 2, 177 or 177b" by the quote "sections 177 paragraph 4 or 179" replaced.

1 c. (determination of principle of) § 26q the following sentence is added:

"section 26 l paragraph 1 is to apply also with the proviso that"the other parent"takes place of the expression"the mother"of the term."

1 d. (principle of determination) § 26 s is as follows:

"section 26 s." (1) the employer of the other parent, adoptive and foster parents part rejects a part-time employment and the other parent is not waiting for this time, so the employees for this time, at the latest until the end of the second year of life of the child, leave can take.

(2) the employee has to announce start and duration of the parental leave immediately after refusing the part-time employment by the employer of the other parent and to prove the claim circumstances."

2. (determination of principle of) in section 39e, paragraph 3 the phrase "or a training service pursuant to §§ 37ff" is added after the quote "article 19".

3. (determination of principle of) in section 39i para 1 and 2 the quote "section 39e-39 h" is substituted with the quote "39e §§ 39 h, 39w and 39 x".

4. (determination of principle of) § 39j section 4 is to the phrase "the solidarity bonus model in accordance with section 39 g" used a comma and the phrase "the reduction in the normal working hours after the §§ 39 t, 39u, or 39 x" added.

5. (directly applicable federal law) § 39 para. 6 k is:

"(6) (directly applicable federal law) for the duration of an exemption against elimination of pay after the §§ 39 t or 39u or a care leave after section 39w the employee is entitled to a post performance at the expense of the Federal Government amounting to 1.53% of the fictional base in the amount of the childcare allowance pursuant to section 5 b 1 KBGG."

5a. (determination of principle of) section 39 t paragraph 2 replaces the phrase "spouse or life partner" by the phrase "spouse, spouse or registered partner".

t § 10 eliminates 5b. (principle of determination) section 39.

6 (principle of determination) the previous § 39w receives the paragraph called "§ 39y". Following §§ 39w and 39 x and headings are inserted:

"Nursing leave


§ 39w. (Determination of principle of) (1) employee and employer can, if the service relationship has continuously lasted three months, writing t, which at the time of commencement of parental of care, nursing allowance from the level 3 according to § 5 of the Federal care allowance Act (BPGG) is due to agree a care leave against elimination of work remuneration for the purpose of the care or support of a close family member within the meaning of § 39 up to three months for a period of at least one month. Such an agreement must be to betreuendem basically only once a close family member. In the case of a substantial increase of maintenance needs at least to a level of care allowance (§ 9 para 4 BPGG) a renewed agreement of the care leave is allowed but unique. The agreement of care maternity leave is allowed also for the care and support of demenziell diseased or minor close relatives, unless at the time of the commencement of the care leave nursing allowance from the level 1 is to this. The employee has already taken a care leave, the agreement of a care part-time for the same person swarms is not permitted.

(2) the agreement referred to in paragraph 1 must include beginning and duration of parental of care. With the agreement of the nursing leave consideration is on the interests of the holder of the service and to the needs of the operation. In establishments where a Works Council responsible for the employees is built, this is the negotiations to consult service holder.

(3) the employee may after the premature return to the original normal working hours



1. admission to inpatient care or care in nursing homes and similar facilities, 2. transferring not only temporary care or supervision by another support person and 3. demand the death of close family member. The return must be at the earliest two weeks after the notification of the occurrence of the reasons referred to in the first sentence.

(4) employee and employer may agree a care leave pursuant to paragraph 1 for a period of at least one month up to three months in a temporary employment in a seasonal operation (article 158 para 6), provided that the fixed-term employment has continuously lasted two months and each is an employment for the same employer in the amount of at least three months prior to a care leave. Times of temporary employment for the same employer, which are the respective care leave within a period of four years prior, are to comprise with regard to the requirement of the minimum period of employment.

(5) in addition, section 39e, paragraph 2 is to apply 3 and 4 apply accordingly.

Care part time

section 39 x. (Determination of principle of) (1) if the requirements pursuant to § 39w para 1 are employees and employer can agree in writing a reduction of the weekly normal working hours of the service employee for a period of at least one month to three months. The weekly normal working hours agreed to in the nursing part time must be at least ten hours. Such an agreement must be to betreuendem basically only once a close family member. In the case of a substantial increase of maintenance needs at least to a level of care allowance (§ 9 para 4 BPGG) a renewed agreement the care part time is allowed but unique. The employees already took a care part time, the agreement of a care leave for same person swarms is not permitted.

(2) the agreement must include extent and location of part-time employment, taking into account the corporate interests and the interests of the service's beginning, duration, referred to in paragraph 1. In establishments where a Works Council responsible for the employee is set up, this is the negotiations to take service holder. Agreements which provide for changes in the extent of part-time employment, are prohibited.

(3) the employee may after the premature return to the original normal working hours



1. admission to inpatient care or care in nursing homes and similar facilities, 2. transferring not only temporary care or supervision by another support person and 3. demand the death of close family member. The return must be at the earliest two weeks after the notification of the occurrence of the reasons referred to in the first sentence.

(4) times a maintenance part time, fall within a calendar year other, especially non-recurring remuneration within the meaning of section 67, paragraph 1 fees the employees EStG 1988 to the extent corresponding to the full-time and part-time employment during the calendar year.

(5) Furthermore the section 39e, paragraph 3 and paragraph 4 and 39w are mutatis mutandis apply paragraph 4."

6a. (determination of principle of) § § 105 c and 105 and headings are:

"Leave of the adoptive or foster mother

§ 105c. (1) a service employee, a child, which has not yet completed the second year of life,



1. child instead adopted (adoptive mother), or 2. the intention of a child to child has instead to assume this has taken in unpaid care (foster mother), who lives with the child in the same household, are entitled to parental leave.

(2) sections 105 and 105 b shall apply with the following exceptions:



1. maternity leave according to the § § 105 and 105a begins with the day of the adoption of a child instead of or the assumption of free maintenance or following a cooling-off of the other parent, adoptive or foster parents part.

2. does the service shall their maternity leave according to the § § 105 and 105a immediately from the date of adoption of a child instead of or transferring in unpaid care claim she has known beginning and duration of the maternity leave immediately the employer to give;

3. a service employee takes a child after the expiry of the 18 month of life, but prior to completion of the second year of life to child instead or in free care, she can take maternity leave up to six months over the second year of life of the child,

4. takes the place of the term "Father" in the grammatical form of each used the term "other parent" in the correct grammatical form.

(3) the service shall takes a child at the end of the second year of life, but before the end of the seventh year of the child's child instead of or takes it with the intention of it's child instead to think in free care, the service employee is entitled to parental leave in a period of six months. The maternity leave begins instead with the day of the adoption of a child or the assumption of free maintenance or following a cooling-off of the other parent, adoptive and foster parents part.

(4) the articles 102, 103 and 106 are on parental leave according to paragraphs 1 and 3 shall apply, instead of announcement of pregnancy (section 102 paragraph 2) the communication of the adoption of child place or occurs by the acquisition in care; in both cases, the desire to grant a parental leave must be connected with the release.

(5) (directly applicable federal law) § 108 shall apply on maternity leave after para 1 and 3 in accordance with the provisions of paragraph 4.

Maternity leave in the absence of the other parent

sec. 105 d. (1) the other parent, adoptive and foster parent by an unpredictable and unavoidable event for one prevents not just relatively short period of time to take care of the child itself, is the service workers on their request for the duration of prevention, but no longer than until the end of the second year of life of the child to grant maternity leave. The same applies to prevent the other parent, adoptive and foster parents part, taking legitimate leave at the end of the second year of life of the child.

(2) § 26 para 2, 3 and 4 is to be applied.

(3) termination and layoff protection is in accordance with the sections 102 and 103 not already on the basis of other provisions of this Federal Act, so begins the termination and dismissal protection for the use of parental leave or part-time work due to prevent the other parent with the message and ends four weeks after the end of maternity leave or part-time employment."

7. (determination of principle of) in § 105 h para 1, the quote will be replaced "§§ 167, para. 2, 177 or 177b" by the quote "sections 177 paragraph 4 or 179".

7A. § 105 m is the following sentence added:

"§ 105 h of paragraph 1 is to apply also with the proviso that"the other parent"takes place of the expression"the father"of the expression."

8. (determination of principle of) in article 284, paragraph 2 is at the end of the Z 47, the point replaced with a comma and following Z 48 added:



"48. Federal care allowance Act - BPGG, BGBl. No. 110/1993, as amended by Federal Law Gazette I no. 3/2013."

9. (directly applicable federal law) § 285 be added following paragraph 57 to 59:


"(57) the implementing legislation of the countries to the § 26 l, section 39e, para 3, § 39i, 39j, para 4, § 39 t paragraph 2 and 10, § § 39w-39y, § 105 h para 1 as well as § 284 paragraph 2 as amended by Federal Law Gazette I no. 138/2013 within six months after the day following the announcement to adopt." The implementing legislation has to provide that the regulation I no. 138/2013 on the normal working time reductions comes to § 39j section 4 in the version of Federal Law Gazette apply, insofar as these start from the date of entry of into force of the execution Act, and on ongoing at this time reductions in the normal working hours continue to the regulation is applied to section 39j paragraph 4 as amended before the entry in force of the execution law.

(58) § 39 k paragraph 6 as amended by Federal Law Gazette I no. 138/2013 effective with January 1, 2014. This provision is waivers against elimination of pay according to §§ 39 only to apply to t or 39u, if these start from 1 January 2014. § 39 k paragraph 6 as amended before the entry into force of this change comes up continue to the application



1 at that time running waivers against elimination of pay according to §§ 39 t or 39u;

2. care unpaid, that begin before the entry in force of the respective execution Act section 39j para 4.

(59) the implementing legislation of countries to section 26 d, section 26, Article 26f ABS. 1, § 26q, § 26 s, § 105 c, § 105 as well as § 105 m in the version of Federal Law Gazette I no. 138/2013 within six months after the day following the announcement to adopt. The implementing legislation has provided that the implementing regulations for these provisions apply to parents whose children be adopted after the entry into force of the Act of execution or in free care."

Article 5

Amendment of the Federal care allowance Act

The Federal care allowance Act (BPGG), Federal Law Gazette No. 110/1993, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1. in the table of contents 1 part is after the expression "§§ 21a. "- 21 b. donations from the support fund" the expression "3B. §§ 21 section c." -21f. care leave money "added.

2. § 6 par. 2 and 3 are:

"(2) in the cases of paragraph 1, the responsibility for decision and performance depends on the following rank order:"



1 carrier of accident insurance, 2. the pension insurance, 3. decision makers pursuant to § 22 para 1 Nos. 3 and 4, 4. decision makers in accordance with section 22 paragraph 1 Z 5.

(3) in the case of equal rights is responsible:



1. the carrier against the equity claim, before the survivor's entitlement to the;

2. subsidiary of carrier, compared the highest entitlement."

3. paragraph 17 para 3:

"(3) the nursing allowance for eligible pursuant to § 3 para 1 subpara 1 lit. e and g, Z 8, Z 5, no. 6 and section 3a is paid out monthly in hindsight on the first of the following month. Article 104 para 2 is to apply mutatis mutandis. ASVG"

4. According to article 21, the following section and heading b is inserted:

"3B. section

Care leave benefit

§ 21c. (1) persons who have agreed a care leave pursuant to § 14 c AVRAG, or persons who for the purposes of care leave pursuant to § 32 para 1 3 AlVG the receipt of unemployment benefit or emergency assistance have logged out Z, thank for the agreed duration of care leave a care leave benefit. An aliquotes nursing maternity leave allowance to persons who have agreed a maintenance part time in accordance with section 14 d AVRAG, for the agreed duration of care part time. The nursing maternity leave allowance for a maximum of six months is due to to betreuender per dependent person. In a renewed agreement of a care leave or care part time because of a substantial increase of maintenance needs at least one carer step (§ 9 para 4), care leave money for more than another six months to pro to supporting nursing person. A care leave or a care part time under State rules in execution of the agricultural work Act 1984, BGBl. No. 287/1984, as well as to similar federal or State regulations are used like a care leave or a care part time in accordance with §§ 14 c and 14 d AVRAG. A legal claim on the nursing maternity leave allowance.

(2) before obtaining the care maternity leave allowance the full-time person of now karenzierten employment must have been continuously three months after the ASVG vollversichert or uninterrupted three months after the B-KUVG health insurance or qualify for comparable State regulation to a health care institution. The care leave money to, as far as in this Federal Act, or a regulation adopted pursuant to paragraph 5 no derogation is made in the amount of Kinderzuschläge according to the provisions of § discover 21 AlVG basic amount of unemployment benefit plus any. The basic amount is due at the care leave but at least in the amount of monthly salary limit pursuant to § 5 para 2 ASVG and at the nursing part time at least in height of the aliquot part of the monthly salary limit to the extent of the reduction of working time. In the case of care part-time, the difference of the monthly gross income as the basis of assessment to be used is for the determination of the basic amount. Daily care leave money determined for the first month of care part-time to for the duration of the maintenance part time.

(3) persons who became ill children for the purpose of the terminal care of a close relative or the accompaniment of disabilities a family Hospice leave



1. in accordance with § 14a or 14B AVRAG or 2. in accordance with article 32, paragraph 1 Z AlVG 1 or 2 or 3 after similar state regulations in execution of the agricultural work Act 1984 or 4th after similar federal or State regulations claim take, is due for the duration of the family Hospice leave a care leave benefit under the provisions of this section. From the compensation fund for family allowances after equalisation Act 1967 are the Federal Government, each 31 March of each year, €800,000 to the expenses for the care leave money to transfer. The amount of media attention is to evaluate in the year 2016. In particular to consider to what extent this deposit amount must be adjusted or whether the funds budgeted for the family Hospice leave hardship compensation is worth a further referral.

(4) Kinderzuschläge are for children, stepchildren, electoral and foster children, if is under the equalisation Act 1967 for this entitlement to family allowance and the persons referred to in paragraph 1 shall substantially contribute to their maintenance. The child benefit is a thirtieth of the children grant pursuant to § 262 para 2 ASVG, commercially rounded on a dime for each child every day.

(5) the Federal Minister for labour, Social Affairs and consumer protection may lay down more detailed provisions on the amount of care leave money by regulation. This can be for determining the basis of assessment determines a different number of calendar months and the extent of the basic amount by way of derogation laid down by the percentage rate pursuant to § 21 applicable AlVG. As well, further provisions can be taken for calculating the aliquot care parental leave allowance, as well as of the documents to be provided to the necessary proof of the existence of a demenziellen disease.

(6) the expenses for the care leave money and social protection for the staff, federal or landesgesetzliche labor law regulations in the sense of article 10 paragraph 1 apply Z 16, article 14, Article 14a and article 21 of the B-VG, are financed by the Federal Ministry of labour, Social Affairs and consumer protection. The Federal Ministry of finance is required, the Federal Ministry for labour, Social Affairs and consumer protection the prefinanced expenditures based on a half-yearly settlement (for the first time in August 2014) annually to replace (for the first time in February 2015). Subsequent changes to the respective payments for staff within the meaning of the first sentence, these are taken into account and balanced appropriately against during the next billing.

§ 21 d. (1) the Federal Agency decides whether the granting, withdrawal or new design of a care leave money for social and Disability Affairs by means of notification. The applicant has the right to request a decision within four weeks after the notification of this communication.

(2) applications for nursing maternity leave allowance are under connection



1. the agreement on the care parental or care part time, 2 a proof for claiming a family Hospice leave, 3. a confirmation of employment services through the deregistration pursuant to § 32 para 1 AlVG, 4. a statement of the applicant, that the care and support for the duration of the nursing leave or care part time is provided predominantly, 5th a proof for the amount of the reduced fee in the first month of care part-time , 6. a proof of the right to Kinderzuschläge from the Federal Office for social and Disability Affairs to bring. Will brought the request to another authority, an institution, a court or a municipal office, the request is immediately to the Federal Office for social and Disability Affairs to forward.


(3) the application within two weeks from the start of the care leave, nursing part time or family Hospice leave, is the care leave money from the start of this measure are entitled to. Will however be the care leave, nursing part time or family Hospice leave after this deadline before the end, goes to the nursing maternity leave allowance as of the date of the application; late applications are rejected.

(4) § 9 para 4 is to apply mutatis mutandis; the withdrawal or new assessment of care parental leave allowance, as well as the Kinderzuschläge is effective with the date at which this change occurred.

section 21e. (1) If a member declares to want to take a care leave or care part time, and the procedure on granting or increasing the care allowance is not yet completed, the decision maker (section 22) has this procedure in principle within two weeks of receipt of the Declaration to complete.

(2) the care parental leave allowance, as well as the Kinderzuschläge paid each on a particular day in the month for a month afterwards. These cash benefits are cash-free to provide, if and as long as the beneficiaries not expressly requires cash payment.

(3) the care leave, the care part time or the family Hospice leave prematurely terminates (14 days after removal of the reason for the respective measure), too much paid out nursing maternity leave allowance shall be payable back.

(4) the main Association of Austrian social insurance institutions is obliged to provide the bases for the calculation of the amount of the care maternity leave allowance the Federal Office for social and Disability Affairs on automation-supported way.

(5) the Federal Data Center GmbH has Z 5 of the data protection Act 2000 (DSG 2000), Federal Law Gazette I as a service provider pursuant to § 4 No. 165/1999, when calculating and payable position of care leave money, as well as on the implementation of procedures to take part.

(6) the Federal Office for social and Disability Affairs is authorized to use of personal data within the meaning of the DSG 2000, in so far, as these are essential in order to fulfil the legal obligations in article 21 d, paragraph 1. The relevant data types are:



1.
Stammdaten der Antragsteller:

a)
Namen (Vornamen, Familiennamen),

b)
Sozialversicherungsnummer und Geburtsdatum,

c)
Geschlecht,

d)
Adresse des Wohnsitzes oder Aufenthaltsortes,

e)
Telefonnummer,

f)
Bankverbindung und Kontonummer

2.
Daten über wirtschaftliche und soziale Rahmenbedingungen der Antragsteller:

a)
unterhaltsberechtigte Kinder,

b)
ausgeübte (geringfügige) Erwerbstätigkeiten,

c)
Einkommen,

d)
Versicherungszeiten und

e)
Bemessungsgrundlagen

3.
Daten der pflegebedürftigen Personen:

a)
Namen (Vornamen, Familiennamen),

b)
Sozialversicherungsnummer und Geburtsdatum , c) care allowance level.

(7) for periods in which goes to a nursing maternity leave allowance, financial contributions in accordance with section 21a are not possible. Persons who have agreed a care leave pursuant to § 14 c AVRAG or a care part time in accordance with section 14 d AVRAG can obtain no grants in accordance with section 21 b for the agreed duration, if Member of swarms takes services in terms of a 24-hour care in claim, granted a promotion referred to in paragraph 21 (b) for the same period. Sections 10, 11, 15, 18 para 4, 21, 24, 26, 27 para 5, 32 and 33a shall apply mutatis mutandis.

the entitlement to Carer's leave ends section 21f. (1) in resolution of employment during parental care or the care part time with the end of the employment relationship. If but resolves the employment relationship by the employer during the care leave, care leave money for the originally agreed period of parental of care are entitled to.

(2) the employment relationship resolves by the employer during a part-time care, care leave money in full to from the end of employment instead of the aliquot care maternity leave allowance until the end of the agreed period the maintenance part time.

(3) in cases of family Hospice leave the paragraphs 1 and 2 are to apply by analogy."

5. paragraph 22, section 1:

"(1) are responsible to decide matters under this Federal Act:"



For persons 1 § 3 para 1 subpara 1 lit. a to d and f, as well as no. 7 the competent social insurance institution for the granting of the full pension, pension, or of the special pension; in that area, in which the General accident insurance institution for the granting of the full pension is responsible, the pension insurance institution;

2. Article 3, paragraph 1 Nos. 2 and 3 the responsible accident insurer. in that area, in which the General accident insurance institution is responsible, the pension insurance institution;

3. § 3 para 1 No. 4 lit. a to i and k and Z 9 the insurance company of public servant;

4. § 3 para 1 No. 4 lit. j and l the insurance institution for railways, mining and 5. § 3 para 1 subpara 1 lit. e and g Z 5, no. 6, Z 8 Z 10, and Article 3a the superannuation fund.

6. in article 23 paragraph 3, the expression is 3a and 3B "§ 22 para. 1 Z 7a" respectively by the expression "section 22 para 1 Z 4" replaced.

7 paragraph 33 section 4:

"(4) the responsible in matters under this Federal Act in article 22, paragraph 1 Z 3 decision makers referred to, so the Federal Data Center GmbH as a service provider pursuant to section 4 has 5 DSG 2000 on the calculation and payable position of the care allowance, as well as performing procedures under this Federal Act to assist Z."

8. in article 34, paragraph 2, the expression is "§ 22 para 1 No. 3 and 7a" by the expression "section 22 para 1 Nos. 3 and 4" replaced.

9. after section 48c the following § 48 d and heading shall be inserted:

"Transitional provisions to the Act Federal Law Gazette I no. 138/2013"

§ 48 d. (1) for persons according to § 3 No. 1 lit. e and g, Z 5 lit. a, b and d, no. 6 lit. a and b and Z 8, involving a nursing allowance in December 2013 and where entitlement is maintained on December 31, 2013, is an advance on maintenance money to afford. This advance is due instead of the proportionate part of the care allowance pursuant to § 9 para 3 for the month in which entitlement to nursing allowance is void. The advance payment is to make liquid at the height of the long-term care benefit paid for December 2013 at the latest on 1 January 2014. All applicable to the care allowance provisions with the exception of article 12 apply also for the advance payment. § occurs at the end of 31 December 2017 override 21 c para 6.

(2) the provisions of the 3B. section to the family Hospice leave are to apply only when the family Hospice leave from 1 January 2014.

"(3) the rules of the 3B. section occur with regard to the staff of the States, municipalities and municipal associations (art. 21 B-VG) with the end of the current period of financial compensation aside."

10 23 the following paragraph shall beadded § 49 paragraph 22:

"(23) the table of contents 1 part, § 6, par. 2 and 3, § 17 para 3, who cut off 3B. with headline, article 22, para. 1, § 23 para 3, 3a and 3B, § 33 para 4, § 34 paragraph 2 and § 48 d and heading as amended by Federal Law Gazette I no. 138/2013 with 1 January 2014 into force."

Article 6

Amending the maternity protection Act 1979

The maternity protection Act 1979 BGBl. No. 221, amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 § § 15c and 15 d complete with headings are:

"Leave of the adoptive or foster mother

§ 15c. (1) a service employee, a child, which has not yet completed the second year of life,



1. child instead adopted (adoptive mother), or 2. the intention of a child to child has instead to assume this has taken in unpaid care (foster mother), and who lives with the child in the same household, are entitled to parental leave.

(2) sections 15 to 15 b shall apply with the following exceptions:



1. the maternity leave according to the § § 15 and 15a begins with the date of the adoption of a child instead of or the assumption of free maintenance or following a cooling-off of the other parent, adoptive or foster parents part.

2. does the service shall their maternity leave according to the § § 15 and 15a immediately from the date of adoption of a child instead of or transferring in unpaid care claim she has known beginning and duration of the maternity leave immediately the employer to give;

3. a service employee takes a child after the expiry of the 18 month of life, but prior to completion of the second year of life to child instead or in free care, she can take beyond maternity leave up to six months beyond the second year of life claim;

4. takes the place of the term "Father" in the grammatical form of each used the term "other parent" in the correct grammatical form.

(3) the service shall takes a child at the end of the second year of life, but before the end of the seventh year of the child's child instead of or takes it with the intention of it's child instead to think in free care, the service employee is entitled to parental leave in a period of six months. The maternity leave begins instead with the day of the adoption of a child or the assumption of free maintenance or following a cooling-off of the other parent, adoptive and foster parents part.

(4) sections 10, 11, 12 are paragraphs 1, 2 and 4, 13 and 16 on maternity leave according to paragraphs 1 and 3 shall apply, instead of announcing the pregnancy (§ 10 par. 2) the communication of the adoption of a child held or from taking in care; in both cases, the desire to grant a parental leave must be connected with the release.


Maternity leave in the absence of the other parent

§ 15 d. (1) the other parent, adoptive and foster parent by an unpredictable and unavoidable event for one prevents not just relatively short period of time to take care of the child itself, is the service workers on their request for the duration of prevention, but no longer than until the end of the second year of life of the child to grant a leave. The same applies to prevent other parent, adoptive or foster parents part, taking legitimate leave at the end of the second year of life of the child.

              (2) an unexpected and unavoidable event is just:



1 death, 2. stay at a hospital and nursing home, 3. serving a custodial sentence as well as detention based on governmental arrangement in an otherwise, 4. severe disease, 5. Elimination of the joint household of the other parent, adoptive and foster parents part with the child or the care of the child.

(3) the service employee has to immediately announce commencement and expected duration of the maternity leave and to prove the circumstances of the claim.

(4) the right to maternity leave is also then, if the service employee has already consumed maternity leave, entered agreed part-time or stopped or pending maternity leave or part-time work for a later date.

(5) termination and dismissal protection exists in accordance with sections 10 and 12 already on the basis of other provisions of this Federal Act, so begins the termination and dismissal protection when requesting a leave or part-time work for averting of the other parent, adoptive and foster parents part with the message and ends four weeks after the end of maternity leave or part-time employment."

2. in the section 15j para 1, the quote will be replaced "§§ 167, para. 2, 177 or 177b" by the quote "sections 177 paragraph 4 or 179".

3 the following sentence is added to § the 15o:

"15j, paragraph 1 is to apply also with the proviso, that the expression"the other parent"takes place of the expression 'the father'."

4. in paragraph 15, the expression "the father" in the used grammatical form is replaced by the expression "the other parent" in the correct grammatical form.

5. § 40 21 the following paragraph is added:

"(21) § 15c, section 15 d, § 15o and I with 1 August 2013 No. 138/2013 § 15 in the version of Federal Law Gazette enter into force and be taken apply for mothers, whose children adopted after July 31, 2013 or in free care."

Article 7

Amendment of the fathers parental leave act

The fathers parental leave act Federal Law Gazette No. 651/1989, amended by Federal Law Gazette I no. 120/2012, is amended as follows:

1. sections 5 and 6 together with headings are:

"Leave of the adoptive - or nursing father

§ 5 (1) entitled to leave under the paragraphs 2, 3 and 4 above terms and conditions, provided that the following not otherwise determined is, also an employee, of a child which has not yet completed the second year of life,



1. child instead adopted has (adoptive father);

2. with the intention of it's child instead to assume has taken in unpaid care (foster father).

(2) in the case of adoption of a child's place or the maternity leave begins with the date of adoption, the adoption or following a cooling-off of the other parent, adoptive and foster parents part takeover in unpaid care.

(3) the employee takes maternity leave at the earliest possible date, he confessed immediately start and duration of the maternity leave his employer according to paragraphs 2 or 3 to give. Notwithstanding the expiry of this period, maternity leave can be arranged according to paragraphs 2 or 3.

(4) an employee takes a child after the expiry of the 18 month of life, but prior to completion of the second year of life to child instead of or he takes it in free maintenance with the intention of it's child rather than to think he can take up to six months over the second year of life of the child claimed maternity leave to the extent.

(5) a worker takes a child at the end of the second year of life, but before completion of the seventh year of the child's child rather than to or he takes it with the intention of it's child instead to assume in unpaid care, on the occasion of the adoption or adoption in unpaid care is entitled to maternity leave with a duration of six months. In addition, paragraphs 2 and 3 shall apply.

(6) sections 3 and 4 are to apply subject to the proviso that the term "the other parent" in the correct grammatical form takes the place of the concept of "mother" in the used grammatical form.

Maternity leave in the absence of the other parent

Section 6 (1) is not only relatively short time prevented, to supervise the child itself through an unpredictable and unavoidable event for a the other parent, adoptive, or foster parent, is the worker (father, adoptive and foster father in the sense of § 5 para 1) on his desire for the duration of prevention, at least to grant maternity leave but no longer than until the end of the second year of life of the child, , if he lives with the child in the same household. The same applies to prevent other parent, adoptive or foster parents part, taking legitimate leave at the end of the second year of life of the child.

(2) an unexpected and unavoidable event is just:



1 death, 2. stay at a hospital and nursing home, 3. serving a custodial sentence as well as detention based on governmental arrangement in an otherwise, 4. severe disease, 5. Elimination of the joint household of the other parent, adoptive and foster parents part with the child or the care of the child.

(3) the entitlement to parental leave is also then, if workers has already consumed waiting, lined up an agreed part-time or stopped or pending maternity leave or part-time work for a later date.

(4) the employee is immediately to announce his or her employer start and expected duration of the maternity leave and to prove the circumstances of the claim.

(5) sections 7 to 7 c are to apply subject to the proviso that the term "the other parent" in the correct grammatical form takes the place of the concept of "mother" in the grammatical form of used."

2. in section 8B para  1 replaced the quote "§§ 167, para. 2, 177 or 177b" by the quote "sections 177 paragraph 4 or 179".

3rd 8 g the following sentence is added to section:

"section 8 b paragraph 1 is to apply also with the proviso that"the other parent"takes place of the expression"the mother"of the term."

4. paragraph 9:

"Section 9 (1) the employer of the other parent, adoptive and foster parents part rejects a part-time and takes the other parent not waiting for this time, so the workers for this time, at the latest until the end of the second year of life of the child, leave can take.

(2) the employee is immediately after refusing the part-time employment by the employer of the other parent to announce start and duration of the maternity leave and to prove the claim circumstances."

5. the following paragraph 14 is added to § 14 paragraph 13:

"(14) § 5, article 6, § 8 I will take no. 138/2013 g and section 9 in the version of Federal Law Gazette 1 August 2013 effect and apply for fathers, whose children adopted after July 31, 2013 or unpaid care be taken."

Article 8

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609/1977, as last amended by Federal Law Gazette I no. 137/2013, is amended as follows:

1. paragraph 6 ABS. 3 and 4:

"(3) as the insurance funds of the unemployment insurance health insurance, accident insurance and pension insurance are granted no. 313/1994, for recipients of aid to cover the living after the labour market Service Act (AMSG), Federal Law Gazette.

(4) as insurance from federal funds in health insurance and pension insurance for employees and the unemployed in terminal care, accompanied by severely ill children and nursing leave in accordance with sections 29 to 32 are granted."

2. in article 15 par. 1, the point is replaced at the end of the Z 11 a semicolon and following Z 12 added:



"12 nursing maternity leave allowance has taken."

3. § 16 par. 1 lit. i is as follows:



i) the cover of care leave money, 4. § 21 para 1 Nos. 3 and 4 is:



"3. periods of cover of parental leave money, nursing maternity leave allowance, childcare allowance, combined wage (§ 34a AMSG) or education part time money (section 26a);

"4. periods of reduction of normal working time for the purposes of the terminal care of a close relative or the accompaniment of a heavily diseased child pursuant to § 14a or § 14 b of the labour contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, or a care leave pursuant to § 14 c AVRAG or a care part time in accordance with section 14 d AVRAG or a similar control."

5. Article 26, paragraph 1 Z 4 the following sentence shall be added:

"Are times that count are in accordance with § 14 para 4 and 5 on the qualifying times unemployed person liable to insurance employment to evaluate.

6 section 26a para 1 No. 3 the following sentence is added:


"Times that count are in accordance with § 14 para 4 and 5 on the qualifying are times unemployed person liable to insurance employment with no normal working hours.

7 section 2a reads:

"Section 2a

Health and pension insurance in terminal care, accompanied by severely ill children and nursing leave

Health and pension insurance for employees

Section 29 (1) persons who are in a private or public employment and in accordance with § 14a, paragraph 14 (b) or section 14 c AVRAG or a similar scheme a reduction, a change of location of the normal working time or an exemption against loss of earnings for the purpose of the terminal care of a close relative, take accompanied by a heavily diseased child or the care of a close relative (care leave) claim that remain anyway, according to the legal provisions to be applied in each case on the basis of this employment health and dismissal.

(2) compulsory insurance only on the basis of paragraph 1 persists, so the indicative rate in accordance with article 293, paragraph 1 is lit as the contribution basis for health insurance. a sublit. BB ASVG and contribution basis for the pension insurance in article 44 paragraph 1 Z called 18 ASVG amount to be used. Health insurance is only entitled to benefits in kind, in the pension insurance contribution periods of the compulsory insurance be purchased.

(3) is responsible for the implementation of insurance according to the message of the employer of the competent on the basis of employment, health or pension insurance institution.

(4) to be calculated pursuant to par. 2 contributions to health and pension insurance referred to in paragraph 1 are to be borne by the Federal Government and to account for a year afterwards.

(5) the main Association of Austrian social insurance institutions and the other concerned entities are entitled to make appropriate arrangements for the implementation of these provisions.

Special provisions for employees without pension insurance

Section 30 (1) by way of derogation from section 29 occur for persons who are in a private or public employment, and on the basis of employment not the pension insurance appropriate contributions to those entities that carry the supply services are subject to, in the place of the contributions to the pension insurance. Time of a reduction of normal working time within the meaning of sections 14a to 14 c AVRAG considered quiet enjoyment-enabled service time.

(2) the rate of the contribution referred to in paragraph 1 corresponds to the percentage of each prescribed fee to cover the pension expense or a similar contribution.

Special provisions for employees without health insurance

Section 31 (1) by way of derogation from section 29 occur for persons who are in a private or public employment, and on the basis of employment not insurance appropriate contributions to those entities, which carry the services of health care are subject to, assuming a similar legal claim to benefits of sickness insurance in the place of health insurance contributions. For the time of a reduction of normal working time within the meaning of articles 14a and 14 c AVRAG is entitled to benefits of sickness insurance.

(2) the rate of the contribution referred to in paragraph 1 corresponds to the percentage of each prescribed fee to cover the costs for the services of health care or a similar contribution.

Health and pension insurance for the unemployed

32. (1) the unemployed who in writing disclose the competent regional office that they sign out of the receipt of unemployment benefit or emergency assistance, to be



1. the terminal care of a close relative in the sense of § 14a 1 AVRAG, 2. accompanied by a b AVRAG or 3. the care of a close relative in the meaning of § 14 ill child within the meaning of § 14 c to dedicate AVRAG (care leave), 2 for no longer than nine months are defended in the case of no. 1 for no longer than six months, in the case of the Z and in the case of the No. 3 for no longer than three months sick - and pension , if and as long as no benefits in accordance with this federal law and there is no other compulsory insurance in the health and pension insurance. Contribution to the health insurance is 7.55 vH of the units referred to in article 293, paragraph 1 lit. a sublit. BB ASVG, the contribution to the pension insurance of 22.8% of § 44 par. 1 Z of referred 18 ASVG amount. Health insurance is only entitled to benefits in kind, in the pension insurance contribution periods of the compulsory insurance be purchased.

(2) the unemployed have to make the reason for the cancellation referred to in paragraph 1 the competent regional office; at the request of the regional office is to present a corresponding certificate. The employment service has a corresponding confirmation about the logout reason to exhibit.

(3) is responsible for the implementation of insurance according to the message of the employment service of the health competent on the basis of the service cover or pension insurance institution.

(4) the contributions to the health and pension insurance referred to in paragraph 1 are to be borne by the Federal Government and to account for a year afterwards.

(5) the labour market service, the main Association of Austrian social insurance institutions and the other concerned entities are entitled to make appropriate arrangements for the implementation of these provisions.

(6) by way of derogation from paragraph 1 the contribution to health insurance from the year is 2008 7.65 vH of the units referred to in article 293, paragraph 1 lit. a sublit. BB ASVG."

8 be added following paragraph 135 and 136. in section 79:

"(135) § 26 para 1 No. 4 as well as section 26a para 1 No. 3 in the version of Federal Law Gazette I no. 138/2013 with 1 July 2013 into force."

(136) the sections 15 para 1 No. 11 and 12, 16 para 1 lit. I no. 138/2013 i, as well as 21 para 1 Nos. 3 and 4 in the version of Federal Law Gazette with 1 January 2014 into force; § 6, as well as section 2a and heading as amended by Federal Law Gazette I no. 138/2013 with 1 January 2014 into force and AVRAG which take effect at the end of 31 December 2013; applies to claims on the basis of agreements within the meaning of sections 14a to 14 c § 6, as well as section 2a and heading in the previous version continue to apply for claims on the basis of agreements within the meaning of sections 14a and 14B AVRAG which take effect from 1 January 2014."

9 12 the following paragraph is added to section the 83:

"(12) the requirements of § 26 para 1 I no 138/2013 not apply Z 4 in the version of Federal Law Gazette for persons who due to a birth before January 1, 2017 has been on a leave under the maternity protection Act 1979, BGBl. No. 221, according to the fathers maternity leave Act, Federal Law Gazette were no. 651/1989, or other after a similar legislation and participate in an educational leave within six months after the end of such leave."

Article 9

Amendment of the labour market Service Act

The labour market Service Act, Federal Law Gazette No. 313/1994, as last amended by Federal Law Gazette I no. 67/2013, is amended as follows:

1 the following records will be added § 25 paragraph 5:

"For public interest research and statistical studies the Federal Ministry for labour, Social Affairs and consumer protection and the labour market service allowed the required data in accordance with paragraph 1 (except subpara 1 lit. a and e to h), linked with the encrypted bPK AS, the Federal agency submit statistics Austria for the purpose of the merger with indirectly personal data by other authorities or social security institutions or the Federal existing data of the labour force. Also these other authorities or social security institutions may transmit associated with the encrypted bPK AS processed data of the own field of State activity, the Federal agency according to statutory requirements. A return transmission of merged data or enabling the restoration of a direct reference of the person is not permitted. The Federal agency created the scientific or statistical evaluations for hiring by the Federal Minister for labour, Social Affairs and consumer protection. The Federal Agency provides its services under this Federal Act against reimbursement of costs pursuant to § 32 para 4 2000 No. 2 of the Federal Statistics Act. Are the merged data as soon as they are no longer needed for the purpose of the investigation, to delete after three years at the latest."

The following paragraph 30 is added to § 2. 78:

"(30) § 25 paragraph 5 as amended by Federal Law Gazette I no. 138/2013 with 1 September 2013 enter into force."

Article 10

Change of the General Social Security Act

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1 No. 2 is following lit in section 8, paragraph 1. j added:



"(j) care part-time persons who obtain an aliquotes nursing maternity leave allowance under paragraph 21 c of the Federal care allowance Act;"

2. in article 10 paragraph 6, the point is replaced b at the end of the Z 8 with a semicolon; following Z 9 is added:



"9. in the lit. called j people by day, from the aliquot nursing maternity leave allowance is involved."


3. in the section 14, paragraph 1, the point is replaced at the end of the Z 13 with a semicolon; following Z 14 is added:



"14 if they according to § 8 para 1 No. 2 lit. j as are insured recipients an aliquot care maternity leave allowance under paragraph 21 c of the Federal care allowance Act."

4. in article 18, b after paragraph 1 of the following paragraph 1a is inserted:

"(1a) the auto insurance is subpara 2 lit for the time of compulsory insurance according to article 8, paragraph 1. j due to the cover of an aliquot care maternity leave allowance excluded."

5. in article 31 c paragraph 3 is added after the Z 2 following Z 2a:



"2a. the Federal Office for social and Disability Affairs of recipients of care maternity leave allowance under paragraph 21 c of the Federal care allowance Act, if it is a full time Karen cation, 6." In § 36 para 1, the point will be replaced at the end of the Z 18 with a semicolon; following no. 19 is added:



"19 for according to § 8 para 1 No. 2 lit. "j obligatory recipients of aliquot care maternity leave allowance the Federal Office for Social Affairs and disability."

7 § 41 para 4 first sentence reads:

"Messages outside electronic data transmission are only reimbursed, if they are made in accordance with the regulations according to § 31 para 5 Z 29."

8. in the section 41 paragraph 4 the term - with the exception of messages in paper form by legal persons and registered partnerships - is inserted after the word "message species" each Nos. 1 and 2.

9. in article 44 paragraph 1, the point will be replaced at the end of the Z 18 with a semicolon; following no. 19 is added:



"19th among pursuant to § 8 para 1 No. 2 lit. "j obligatory the aliquot nursing maternity leave allowance, as well as the Kinderzuschläge according to § 21 c of the Federal care allowance Act."

10. in the section 52, paragraph 4, first sentence, is the bracket expression "(§ 44 Abs. 1 Z 11 bis 18)" by the parenthetical expression "(§ 44 Abs. 1 Z 11 bis 19)" replaced.

11. in the section 52, paragraph 4, the point is replaced at the end of the Z 5 a semicolon; following no. 6 is added:



"6. for Teilversicherte according to § 8 para 1 No. 2 lit. j a) from federal funds for carer expenses, if it is cases of § 21 c par. 1 of the Federal care allowance Act;

b) from federal funds, if it is cases of § 21 c par. 3 of the Federal care allowance Act."

12. in the section 143, paragraph 1, the point will be replaced at the end of the No. 6 with a semicolon; following no. 7 is added:



"7 as long as according to § 21 c of the Federal care allowance Act be granted / insured care maternity leave allowance, the amount of care leave money under paragraph 21 c of the Federal care allowance Act."

13. in section 162 para 3 lit. c is as follows:



"(c) hours, during which the insured one / a close family member (care leave) not the full or no remuneration has taken after the sections 14a, 14-b, 14-c, or 14 d AVRAG or a similar scheme for the purposes of terminal care of one (a) close relatives, the accompaniment of a schwersterkrankten child or the care," 14. In article 166 par. 1, the point will be replaced at the end of the No. 3 with a semicolon; following no. 4 is added:



"4. as long as according to § 21 c of the Federal care allowance Act is the insured nursing maternity leave allowance, in the amount of care leave money under paragraph 21 c of the Federal care allowance Act."

15. after section 677 678 the following section including headline is added:

"Final provision to article 10 of the Federal Act Federal Law Gazette I no. 138/2013"

§ 678. The §§ 8 par. 1 No. 2 lit. j, 10 para 6B Nos. 8 and 9, 14 para 1 Nos. 13 and 14, 18b para 1a, 31c para of 3, 36 para 1 Z 18 and 19, 41 paragraph of 4, 44 para 1 Nos. 18 and 19, 52 paragraph 4, first sentence, and Nos. 5 and 6, 143 paragraph 1, 162 para 3 lit. I no. 138/2013 para 1 as amended by Federal Law Gazette c and 166 with 1 January 2014 into force."

Article 11

Amending the general pension law (11 short story to the APG)

The General Pension Act, Federal Law Gazette I no. 142/2004, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1. in article 3 par. 1 Z 2 is after the expression "subpara 2 lit. a to g"the expression"and j"inserted.

2. in § 4 paragraph 5, the point will be replaced at the end of the No. 3 with a semicolon; following no. 4 is added:



"4 times a compulsory insurance under § 8 para 1 subpara 2 lit. j ASVG."

3. pursuant to section 26, 27 the following section including headline is attached:

"Final provision to article 11 of the Federal Act Federal Law Gazette I no. 138/2013 (11th Amendment)"

§ 27. "The article 3 par. 1 Z 2 and 4 para 5 Nos. 3 and 4 as amended by Federal Law Gazette I no. 138/2013 with 1 January 2014 into force."

Article 12

Change of children's and youth employment act 1987

The children's and youth employment act 1987, Federal Law Gazette No. 599, last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 to § 6 section 3 eliminates the first sentence; in the second sentence, the word is "also".

2. in article 6, paragraph 4, the word is "amtsärztlich" by the phrase "amtsärztlich or by physicians to family medicine or physicians/specialists for children and adolescence"; the word "must" is "must" and the word "that" by "that" replaced.

3. § 34 11 the following paragraph is added:

"(11) § 6 par. 3 and 4 in the version of Federal Law Gazette I is no. 138/2013 August 1, 2013, is but does not apply to proceedings already pending at this time."

Article 13

Amendment of the Federal Office of Social Affairs Act

The Federal Office of Social Affairs Act, Federal Law Gazette I no. 150/2002, as last amended by Federal Law Gazette I no. 51/2012, is amended as follows:

1. the short title and the abbreviation are: