Labour Law Amendment Act 2013 - 2013 Aräg

Original Language Title: Arbeitsrechts-Änderungsgesetz 2013 – ARÄG 2013

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138. Federal Law, with which the Labour Contract Law Adaptation Act, the Operational Staff and Self-Employment Welfare Act, the Law on Employment, the Landarbeitsgesetz 1984, the Federal Nursing Money Act, the Maternity Protection Act 1979, the The Law of the Fathers, the Employment Insurance Act 1977, the Labour Market Service Act, the General Social Insurance Act, the General Pensions Act (11. Novelle to the APG), the Children's and Young People's Employment Act 1987, the Federal Social Act and the Family Law Balancing Act 1967 are amended (Arbeitsrechts-amending Act 2013-ARÄG 2013)

The National Council has decided:

table of contents

Art. Subject matter

1

Amendment of the Working Contract Law Adaptation Act

2

Change of company employee and self-employment law

3

Amendment of the Law on the Law of the State

4

Amendment of the Land Labour Act 1984

5

Amendment of the Federal Nursing Money Act

6

Amendment of the Maternity Protection Act 1979

7

Amendment of the Fathers-Karenzgesetz

8

Amendment of the 1977 Unemployment Insurance Act

9

Amendment of the Labour Market Service Act

10

Amendment of the General Social Insurance Act

11

Amendment of the General Pensions Act (11). Novelle to the APG)

12

Amendment of the Children's and Young People's Employment Act 1987

13

Amendment of the Federal Social Insurance Act

14

Amendment of the Family Law Compensatory Act 1967

Article 1

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law, BGBl. I No 107/2013, shall be amended as follows:

1. In Section 1, Section 4, the quote shall be: "11 to 15," by quoting "11 to 14b," replaced.

2. In § 11 para. 3, after the quote "§ 19" the phrase "or a training service according to § § 37ff" inserted.

3. According to § 14b, the following § § 14c and 14d shall be inserted together with the headings:

" Nursing Care

§ 14c. (1) Employees and employers may, if the employment relationship has lasted three months without interruption, in writing, a care room against the removal of the remuneration for the purpose of caring for or caring for a close relative. in the sense of § 14a, on the date of the retirement of the nursing care carer, as of level 3 according to § 5 of the Federal Nursing Money Act (BPGG), BGBl. N ° 110/1993, for a period of at least one month up to three months. In principle, such an agreement may only be concluded once per person close to the care or care of close relatives. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the care caregivers is permitted once. The agreement of the nursing care is also permitted for the care and care of demencially ill or minor close relatives, provided that the care allowance is available from the level 1 at the time of the arrival of the nursing care caregivers. If the employee has already started a nursing care, the agreement of a part-time care period for the same person to be cared for is inadmissible.

(2) The agreement referred to in paragraph 1 shall contain the beginning and duration of the caregivers ' care. In the case of the agreement on nursing care, consideration should be given to the interests of the worker/worker and the requirements of the holding. In establishments in which a member of the works council responsible for the employee is set up, he/she shall be required to join the negotiations at the request of the worker/worker.

(3) The worker shall be entitled to return early to the original normal working hours after

1.

the admission to in-patient care or care in nursing homes and similar facilities,

2.

the not only temporary takeover of care or care by another caregiver, and

3.

the death

of the close relative of the family. The return shall not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) Employees and employers may also arrange for a period of at least one month for a period of at least one month up to three months in a seasonal operation (Article 53 (6) of the ArbVG), provided that the the fixed-term employment relationship has lasted for two months, and in each case prior to the arrival of a nursing care, there is a job for the same employer/to the extent of at least three months. Periods of fixed-term employment to/from the same employer, which are within a period of four years prior to the arrival of the respective care caregivers, shall be subject to the requirement of the minimum employment period to be combined.

(5) In addition, Article 11 (2), (3) and (4) shall apply in the appropriate way.

Care Part Time

§ 14d. (1) In the event of the conditions laid down in § 14c (1), employees and employers may, in writing, reduce the weekly normal working hours of the worker/worker for a period of at least one month until the date of the to three months. The weekly normal working hours agreed in the care part-time must not be less than ten hours. In principle, such an agreement may only be concluded once per person close to the care or care of close relatives. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the part-time care period is allowed once. If the employee has already taken part in a nursing part-time, the agreement of a nursing care for the same person to be cared for is inadmissible.

(2) The agreement referred to in paragraph 1 shall include the beginning, duration, extent and position of part-time employment, taking into account the operational interests and the interests of the worker/worker. In establishments in which a member of the works council responsible for the worker/worker is established, he/she shall be required to join the negotiations at the request of the worker/worker. Agreements which provide for changes to the extent of part-time employment are inadmissible.

(3) The worker shall be entitled to return early to the original normal working hours after

1.

the admission to in-patient care or care in nursing homes and similar facilities,

2.

the not only temporary takeover of care or care by another caregiver, and

3.

the death

of the close relative of the family. The return shall not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) Fallen in a calendar year also periods of part-time care, fees paid to the worker (s) in other, in particular one-time, references within the meaning of Article 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the Calendar year.

(5) In addition, § § 11 (3) and (4) and 14c (4) are to be applied in a reasonable way. "

4. In § 15 (1) and (2), the citation shall be "§ § 11 to 14" by quoting "§ § 11 to 14, 14c and 14d" replaced.

5. § 19 (1) the following Z 30 is added:

" 30.

§ § 1 para. 4, 11 para. 3, 14c and 14d with headings as well as § 15 (1) and (2) in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. "

Article 2

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. I n ° 100/2002, as last amended by the Federal Law, BGBl. I No 135/2013, shall be amended as follows:

1. In § 6 (4), after the expression "the solidarity premium model according to § 13 AVRAG" the phrase "the reduction of the normal working hours according to § § 14a, 14b or 14d AVRAG," inserted.

2. § 7 (6) reads:

" (6) For the duration of an exemption against the payment of remuneration in accordance with § § 14a or 14b AVRAG or a nursing care pursuant to § 14c AVRAG, the employee is entitled to a contribution of 1.53 vH of the fictitious federal government. Basis of assessment in the amount of the child care allowance according to § 5b (1) KBGG. "

3. In accordance with § 52 (1), the following paragraph 1a is added:

" (1a) The obligation to provide contributions as referred to in paragraph 1 shall end on the day before the use of an own pension from a statutory pension insurance, unless the person entitled to the right of property is obliged to do so within a period of one month from the date of the agreement on the End of the obligation to contribute in writing to the social security institution of the industrial economy, to continue to make contributions according to paragraph 1. If the contribution to the contribution ends with the use of the self-pension and if the self-pension is subsequently removed, the obligation to pay for the corresponding periods shall be resigned. "

4. § 52 para. 2 third sentence reads:

"Contributions already forwarded to the BV cash register shall not be reimbursed in particular in the event of a retroactive omission of compulsory insurance within the meaning of section 49 (2) or of the obligation to pay pursuant to paragraph 1a."

Section 55 (2) reads as follows:

" (2) The availability of self-employment may be required

1.

in any event, from the use of an own pension from the statutory pension insurance (the date of service of the final decision) or similar legislation of the Member States of the European Economic Area, or

2.

if the eligible person has not made any contributions pursuant to this Federal Act or similar Austrian legislation for at least five years, and the person entitled to the right of legal protection is subject to the condition after Z 1 or Z 2 of paragraph 1 is fulfilled. "

(6) The following paragraph 23 is added to § 73:

" (23) The § § 6 (4), 7 (6), 52 (1a), 52 (2), third sentence, and 55 (2) in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. These provisions shall apply to exemptions from the payment of remuneration or reductions in the normal working hours in accordance with § § 14a or 14b AVRAG, to the extent that they start after 31 December 2013. On the date of the entry into force of this Federal Act, exemptions against the payment of remuneration or reductions in the normal working hours according to § § 14a or 14b AVRAG shall be replaced by Section 7 (6) in the version prior to the entry into force of this Act. Federal law on application. Persons who, at the time of the entry into force of this Federal Act, receive an own pension from the statutory pension insurance scheme and the self-employment pension after the 4. Until December 31, 2014, they will be able to explain in writing to the Social Security Institute of the Industrial Economy, no contributions after the 4. Part more to do. The obligation to contribute ends with the end of the calendar month in which this declaration is received by the social security institution of the industrial economy. The right of disposal arises with the following month's service following the end of the contribution obligation. "

Article 3

Amendment of the Law on the Law of the State

The Law on Operations, BGBl. No 282/1990, as last amended by the Federal Law, BGBl. I No 67/2013, shall be amended as follows:

1. In § 3 (4), the fourth sentence shall be taken after the quote "14b" the citation " , 14c " and in the fifth sentence after the citation "14b" the citation " , 14d " inserted.

2. In § 6a (4), in the fourth sentence, after the quote "14b" the citation " , 14c " and in the fifth sentence after the citation "14b" the citation " , 14d " inserted.

(3) In accordance with Article VI (1) (12), the following Z 13 shall be added:

" 13.

§ § 3 (4) and 6a (4) (4) in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. "

Article 4

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law, BGBl. I No 67/2013, shall be amended as follows:

1. (Policy determination) § § 26d and 26e together with headings are:

" Karenz des Adoptiv-oder Pflegevaters

§ 26d. (1) entitlement to Karenz under the conditions and conditions set out in § § 26a to 26c has, unless otherwise specified in the following, also a service taker who has a child who has not completed the second year of life,

1.

To the child instead of the child (adoptive father);

2.

with the intention of taking it to the child instead of accepting it has taken care of free care (foster father).

(2) In case of acceptance of a child instead of or of the take-over in free care, the Karenz begins with the day of acceptance, the take-over or subsequent to a carency of the other parent, adoptive or caregivers ' part.

(3) If the customer is entitled to Karenz at the earliest possible date, he shall immediately inform his service provider of the commencement and duration of the Karenz according to § § 26a or 26b. Without prejudice to the expiry of this period, Karenz may be agreed in accordance with § § 26a or 26b.

(4) A service taker shall take a child after the end of the 18. Life months, however, before the end of the second year of life in children, instead of or taking it in free care with the intention of taking it to the child instead, it may also be carded for up to six months over the second year of the life of the child. Take the child out.

(5) If a service taker takes care of a child after the end of the second year of life, but before the end of the child's seventh year of life, he or she shall take care of it in his intention to adopt it in lieu of unpaid care, he shall Reason for adoption or acquisition in unpaid care entitlement to Karenz for a period of six months. In addition, § § 26a and 26b apply.

(6) § § 26b and 26c shall apply with the proviso that the term "shall be replaced by the term" the mother "in the grammatical form used in each case" the other parent " occurs in the correct grammatical form in each case.

Karenz in case of prevention of the other parent

§ 26e. (1) If the other parent, adoptive or foster parent is prevented from attending the child himself by an unforeseeable and unwavable event for a not only relatively short period of time, the service taker (father, adoptive or A foster father as defined in § 26d (1) on his request for the duration of the prevention, but at least until the end of the child's second year of life, in any case, to grant Karenz if he is living with the child in the common household. The same applies to the prevention of the other parent, adoptive or caregivers who are legally entitled to Karenz after the end of the second year of life of the child.

(2) An unpredictable and unsustainable event is only available at:

1.

Death,

2.

A stay in a nursing and nursing home,

3.

deprivation of a custodial sentence and in the case of a reticulation based on an official order,

4.

severe illness,

5.

The common household of the other parent, adoptive or caring parent with the child or the care of the child.

(3) The service provider shall immediately disclose the commencement and probable duration of the Karenz to his/her service provider and shall prove the circumstances of the claims.

(4) The right to Karenz is also available if the service taker already consumes Karenz, part-time employment according to § § 26j, 26k or 26q occurs or is terminated or for a later date Karenz or part-time employment registered . § § 26f to 26i shall apply. "

1a. (Policy determination) Section 26f (1) Z 2 reads as follows:

" 2.

after the end of a carence or part-time employment in accordance with § § 26j, 26k or 26q, which is used as a result of the prevention of the other parent, adoptive or carer's parent. "

1b. (Policy determination) In Section 26l (1), the quote shall be: "§ § 167 (2), 177 or 177b" by quoting "§ § 177 (4) or 179" replaced.

1c. (Policy determination) The following sentence shall be added to section 26q:

"Section 26l (1) shall also be applied with the proviso that in place of the expression" the mother "shall enter the expression" the other parent ".

1d. (Policy determination) § 26s is:

" § 26s. (1) If the employer of the other parent, adoptive or caregiver is entitled to a part-time employment and the other parent does not take up a carence for that period, the service taker may, for that time, at the latest until the end of the period. of the child's second year of life, Karenz.

(2) The service taker shall announce the beginning and duration of the Karenz immediately after the refusal of part-time employment by the service provider of the other parent and to prove the circumstances of the claims. "

2. (Policy determination) Section 39e (3) shall be referred to after the "§ 19" the phrase "or a training service according to § § 37ff" inserted.

3. ( Principle specification ) In section 39i (1) and (2), the citation shall be "§ § 39e to 39h" by quoting "§ § 39e to 39h as well as 39w and 39x" replaced.

4. (Policy determination) Section 39j (4) shall be followed by the following: "the solidarity premium model according to § 39g" an inversion and the phrase "The reduction of the normal working hours according to § § 39t, 39u or 39x" inserted.

5. (federal law directly applicable) Section 39k (6) reads as follows:

" (6) (federal law directly applicable) For the duration of an exemption against the payment of the remuneration in accordance with § § 39t or 39u or a nursing care pursuant to § 39w, the employee is entitled to a contribution fee of 1.53 vH of the fictive tax base in the amount of 1.53 vH in the federal government. Amount of child care allowance according to § 5b (1) KBGG. "

5a. (Policy determination) In Section 39t (2), the word order shall be "Spouse or Life Mate" through the phrase "spouse, partner for life or registered partner" replaced.

5b. (Policy determination) Section 39t (10) is deleted.

6. (Policy determination) The previous § 39w receives the Section title "§ 39y" . The following § § 39w and 39x together with headings are inserted:

" Nursing Care

§ 39w. (Policy determination) (1) If the service has lasted for three months without interruption, the service provider and service provider can write a nursing care in the event of a payment of the remuneration for the purpose of caring for or taking care of a close relative within the meaning of § 39t, In accordance with § 5 of the Federal Nursing Money Act (BPGG), for the duration of at least one month up to three months are agreed upon at the time of the entry of the nursing care carence. Such an agreement may, in principle, be concluded only once per close relative to be cared for. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the care caregivers is permitted once. The agreement of the nursing care is also permitted for the care and care of demencially ill or minor close relatives, provided that the care allowance is available from the level 1 at the time of the arrival of the nursing care caregivers. If the service provider has already started a nursing care, the agreement of a part-time care part-time for the same person to be cared for is inadmissible.

(2) The agreement referred to in paragraph 1 shall contain the beginning and duration of the caregivers ' care. In the case of the care agreement, consideration shall be given to the interests of the service provider and to the requirements of the establishment. In establishments in which a works council responsible for the service is established, it shall be annexed to the negotiations at the request of the service provider.

(3) The service taker shall be entitled to return to the original normal working hours after

1.

the admission to in-patient care or care in nursing homes and similar facilities,

2.

the not only temporary takeover of care or care by another caregiver, and

3.

the death

of the close relative. The return shall not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) Service providers and service providers may also arrange for a period of at least one month for a period of at least one month up to three months in a temporary employment relationship in a seasonal establishment (section 158 (6)), provided that the temporary The service has lasted for two months without interruption, and in each case before the arrival of a nursing home, there is an employment on the same employer in the amount of at least three months. Periods of fixed-term employment with the same employer, which are within a period of four years prior to the arrival of the respective caregiver, are to be combined with regard to the requirement of the minimum employment period.

(5) In addition, § 39e (2), (3) and (4) shall apply in the appropriate way.

Care Part Time

§ 39x. (Policy determination) (1) In the event of the conditions laid down in section 39w (1), service providers and service providers may, in writing, agree to a reduction in the weekly normal working time of the service provider for a period of at least one month to three months. The weekly normal working hours agreed in the care part-time must not be less than ten hours. Such an agreement may, in principle, be concluded only once per close relative to be cared for. However, in the event of a substantial increase in the need for care, at least one care money level (§ 9 para. 4 BPGG), a new agreement of the part-time care period is allowed once. If the service provider has already started a part-time period of care, the agreement of a care room for the same person to be cared for is inadmissible.

(2) The agreement referred to in paragraph 1 shall include the beginning, duration, extent and position of part-time employment, taking into account the operational interests and the interests of the service provider. In establishments in which a works council responsible for the service is set up, it shall be accompanied by the negotiations at the request of the service provider. Agreements which provide for changes to the extent of part-time employment are inadmissible.

(3) The service taker shall be entitled to return to the original normal working hours after

1.

the admission to in-patient care or care in nursing homes and similar facilities,

2.

the not only temporary takeover of care or care by another caregiver, and

3.

the death

of the close relative. The return shall not take place at the earliest two weeks after the date of notification of the entry of the reasons mentioned in the first sentence.

(4) Fallen in a calendar year also periods of part-time care, fees paid to the service-taker other, in particular one-time remuneration within the meaning of § 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the calendar year.

(5) In addition, § § 39e (3) and (4) and (4) and 39w (4) are to be applied in the appropriate way. "

6a. (Policy determination) § § 105c and 105d together with the headings are:

" Karenz of the adoptive or foster mother

§ 105c. (1) A servant who has not completed the second year of his/her life,

1.

to the child instead of the child (adoptive mother), or

2.

with the intention of taking a child to a child instead of taking it in free care (foster mother),

lives with the child in the same household, is entitled to Karenz.

(2) § § 105 to 105b shall apply with the following deviations:

1.

Karenz in accordance with § § 105 and 105a begins with the day of acceptance of the child instead of or the takeover in free care or following a carency of the other parent, adoptive or caregivers ' part;

2.

In accordance with § § 105 and 105a, the service provider takes up immediately from the date of acceptance of the child or the take-over in free care, she immediately announced to the employer the beginning and the duration of the carency;

3.

a person takes a child after the end of the 18. Life months, however, before the end of the second year of life in children, instead of or in free care, it can also take up to six months beyond the child's second year of life;

4.

in the place of the term "father" in the grammatical form used in each case, the term "other parent" occurs in the correct grammatical form in each case.

(3) If the service is a child after the end of the second year of life, but before the end of the child's seventh year of life, it shall take the child instead of or shall take it in his intention to adopt it in lieu of unpaid care, shall have the following: The customer is entitled to Karenz for a period of six months. The Karenz begins with the day of acceptance of the child instead of or the transfer in free care or following a carency of the other parent, adoptive or caregivers ' part.

(4) § § 102, 103 and 106 shall apply to Karenz according to para. 1 and 3 with the proviso that instead of the announcement of the pregnancy (section 102 (2)), the communication takes place from the acceptance of a child or takes care of the take-over; in both cases Cases must be accompanied by the notification of the request to grant a carence.

(5) (Federal Law Applicable directly) § 108 shall be applied to Karenz pursuant to para. 1 and 3 in accordance with the provisions of paragraph 4.

Karenz in case of prevention of the other parent

§ 105d. (1) If the other parent, adoptive or caring parent is prevented from taking care of the child himself by an unforeseeable and unwavable event for a not only relatively short period of time, the servant shall be at her request for: the duration of the prevention, but at the latest, until the end of the second year of the child's life. The same applies to the prevention of the other parent, adoptive or caregivers who are legally entitled to Karenz after the end of the second year of life of the child.

(2) § 26e (2), (3) and (4) shall apply.

(3) If the protection of dismissal and dismissal pursuant to § § 102 and 103 does not already exist under other provisions of this Federal Act, the protection of dismissal and dismissal begins when a carence or part-time employment is used. because of the prevention of the other parent with the report and ends four weeks after the end of the Karenz or part-time employment. "

7. ( Principle specification ) In § 105h (1) the quote shall be "§ § 167 (2), 177 or 177b" by quoting "§ § 177 (4) or 179" replaced.

7a. The following sentence is added to § 105m:

"§ 105h (1) shall also apply with the proviso that the term" the father "shall be replaced by the term" the other parent "instead of the term" the father ".

8. (Policy determination) In Section 284 (2), at the end of Z 47, the point shall be replaced by a supplement and the following Z 48 shall be added:

" 48.

Federal Care Money Act-BPGG, BGBl. No. 110/1993, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 3/2013. '

9. (federal law directly applicable) The following paragraphs 57 to 59 are added to section 285:

" (57) The implementing laws of the Länder on § 26l, § 39e para. 3, § 39i, § 39j para. 4, § 39t para. 2 and 10, § § 39w to 39y, § 105h para. 1 and § 284 paragraph 2 in the version of the Federal Law BGBl. I No 138/2013 shall be adopted within six months of the date on which the event is held. The implementing legislation has to provide that the execution provision to § 39j para. 4 in the version of the Federal Law BGBl. I n ° 138/2013 shall apply to reductions in normal working time, to the extent that they start from the date of entry into force of the implementing act and, at that point in time, the normal working time shall continue to be the Determination of the execution of § 39j para. 4 in the version prior to the entry into force of this execution law shall apply.

(58) § 39k (6) in the version of the Federal Law BGBl. I n ° 138/2013 is 1. Jänner 2014 in force. This provision shall apply to exemptions against the payment of the remuneration in accordance with § § § 39t or 39u only if it is valid from the first date of the first day of the first day. January 2014 begin. Section 39k (6), as amended before the entry into force of this amendment, shall continue to apply to:

1.

At this point in time, current exemptions against the payment of the remuneration in accordance with § § 39t or 39u;

2.

Caregivers who start before the entry into force of the respective execution law to § 39j para. 4.

(59) The implementing laws of the Länder on § 26d, § 26e, § 26f Abs.1, § 26q, § 26s, § 105c, § 105d as well as § 105m in the version of the Federal Law BGBl. I No 138/2013 shall be adopted within six months of the date on which the event is held. The implementing legislation must provide that the implementing provisions on these provisions shall apply to parents whose children are adopted or taken in free care after the entry into force of the implementing act. "

Article 5

Amendment of the Federal Nursing Money Act

The Federal Care Money Act (BPGG), BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. In Table of Contents 1. Part is after the expression " § § 21a. -21b. Grants from the Support Fund " the expression " 3b. SECTION § § 21c. -21f. Nursing care allowance " inserted.

2. § 6 (2) and (3) are:

" (2) In the cases referred to in paragraph 1, the responsibility for decision and performance shall be governed by the following order of precedence:

1.

Sickness insurance institution,

2.

holders of pension insurance,

3.

Decision-makers in accordance with § 22 (1) Z 3 and 4,

4.

Decision makers according to § 22 (1) Z 5.

(3) In the case of equal rights, the following shall be responsible:

1.

the institution against which a claim exists, in the case of which a survivor's claim exists;

2.

subsidiary of the institution, against which the highest entitlement exists. "

3. § 17 (3) reads:

" (3) The care allowance for beneficiaries in accordance with § 3 (1) Z 1 lit. e and g, Z 5, Z 6 and Z 8 as well as § 3a shall be paid out monthly in retrospect at the first of the following month; § 104 (2) ASVG shall be applied mutaally. "

4. In accordance with section 21b, the following section and heading is inserted:

" 3b. Section

Care allowance

§ 21c. (1) Persons who have agreed to a nursing care pursuant to § 14c AVRAG, as well as persons who have signed off from the receipt of unemployment benefit or emergency assistance for the purposes of nursing care pursuant to § 32 paragraph 1 Z 3 of the AlVG, are due for the agreed duration. the nursing care caregivers a care allowance. Persons who have agreed to a part-time maintenance period according to § 14d AVRAG shall be entitled to an aliquot care allowance for the agreed duration of the part-time period of care. Per person to be cared for, the care allowance must be paid for a maximum of six months. In the case of a new agreement of a nursing care or nursing part-time due to a substantial increase in the need for care for at least one level of care (§ 9 para. 4), the nursing care allowance is due for a maximum of six months per year. Caregiver in need of care. A nursing care or a nursing part-time according to national regulations in the implementation of the Landarbeitsgesetz 1984, BGBl. No 287/1984, as well as according to similar legal or national regulations, are to be treated like a nursing care or a part-time care period according to § § 14c and 14d AVRAG. There is a legal claim to the nursing care allowance.

(2) Before taking care of the nursing care, the carded person must be fully insured for three months in accordance with the ASVG, or three months after the B-KUVG illness insurance or after he has been insured for a continuous period of three months after the ASVG. have been entitled to a similar national legislation with regard to a hospital care institution. The care allowance is due to the extent of the basic amount of the unemployment benefit to be determined in accordance with the provisions of Section 21 of the AlVG, to the extent that no deviating arrangement takes place in this Federal Act or in a regulation adopted pursuant to paragraph 5 above. , plus any child surcharges. However, the basic amount is due at least equal to the monthly de minimis limit in accordance with Article 5 (2) of the ASVG and during the part-time maintenance period, at least equal to the aliquot part of the monthly de minimis limit on the extent of the Reduction of working time. In the case of part-time care, the difference in the monthly gross income is to be used as the basis for determining the basic amount. The daily care allowance calculated for the first month of the part-time care period is due for the entire duration of the nursing part-time.

(3) Persons who have a family hospice carency for the purpose of the death of a close relative or the accompaniment of severely ill children

1.

in accordance with § § 14a or 14b AVRAG or

2.

pursuant to Section 32 (1) Z 1 or 2 of the AlVG, or

3.

in accordance with national regulations of the same kind in the implementation of the Landarbeitsgesetz 1984 or

4.

in accordance with similar laws and regulations of the same kind

, for the duration of family hospice, a care allowance shall be paid in accordance with the provisions of this section. From the compensation fund for family allowances under the 1967 Family Tax Equalization Act, the federal government is to transfer € 800,000 to the costs of the nursing care allowance by 31 March each year. The amount of the funding is to be evaluated in 2016. In particular, it is necessary to examine the extent to which this transfer amount has to be adjusted or whether the funds budgeted for the family hospice hardness compensation justify a further transfer.

(4) Children's surcharges shall be granted to children, child-care, choice and foster children, if they are entitled to family allowance under the 1967 Family Tax Compensation Act and the persons referred to in paragraph 1 are essential to the maintenance of such allowances. contribute. For each child, the surcharge for children amounts to one-thirtieth of the child subsidy per day according to § 262 para. 2 ASVG, rounded off to a cent in commercial terms.

(5) The Federal Minister for Labour, Social Affairs and Consumer Protection can set out more detailed provisions on the level of the care pension by means of a regulation. In this case, a different number of calendar months may be determined for the determination of the basis of assessment and the extent of the basic amount may be determined by way of derogation from the percentage in force in accordance with Article 21 of the AlVG. It is also possible to lay down more detailed rules for the calculation of the aliquot carer rate as well as on the documents to be provided for the necessary proof of the existence of a dementia disease.

(6) The expenses for the care allowance and the social security protection for the employees, for the federal or national legal services within the meaning of Article 10 (1) (1) (16), Art. 14, Art. 14a or Article 21 of the B-VG, apply, are pre-financed by the Federal Ministry of Labour, Social Affairs and Consumer Protection. The Federal Ministry of Finance is obliged to replace the pre-financed expenses of the Federal Ministry of Labour, Social Affairs and Consumer Protection annually (for the first time in August 2014) on the basis of a semi-annual accounting (for the first time in August 2014). February 2015). If subsequent changes are made in the respective payout amounts for the staff within the meaning of the first sentence, they shall be taken into account in the context of the next reckoning and shall be considered in accordance with the corresponding amounts.

§ 21d. (1) The Federal Office of Social Affairs and Disabled Persons decides on the granting, withdrawal or reassessment of a nursing care allowance by means of a communication. The applicant shall have the right to request a communication thereon within four weeks of the notification of this communication.

(2) Applications for the granting of a nursing care benefit shall be subject to the following:

1.

the agreement on nursing care or part-time care,

2.

a proof of the use of family hospice carency,

3.

a confirmation of the labour market service concerning the logout in accordance with § 32 (1) of the AlVG,

4.

a declaration by the applicant that care and care for the duration of the nursing care or part-time care period is predominantly provided,

5.

a proof of the amount of the reduced pay in the first month of the part-care period,

6.

a proof of entitlement to child surcharges

to the Federal Office for Social Affairs and the Disabled. If the application is submitted to another authority, a social security institution, a court or a municipal office, the application shall be forwarded without delay to the Federal Office for Social Affairs and Disability.

(3) In the event that the application is submitted within two weeks from the beginning of the nursing care, nursing part-time or family hospice carency, the care allowance shall be due from the beginning of this measure. However, if the application is submitted after this period before the end of the care period, period of care or family hospice, the care allowance shall be due from the date on which the application is submitted; late applications shall be rejected.

(4) § 9 (4) is to be applied in a reasonable manner; the withdrawal or remeasurement of the care allowance as well as the children's surcharges shall take effect on the date on which this change occurred.

§ 21e. (1) If a member of the family declares to be entitled to a nursing care or part-time, and the procedure for granting or increasing the care has not yet been completed, the decision-maker (§ 22) of this procedure in principle within two weeks from the date of the declaration.

(2) The payment of the care allowance as well as the child surcharges shall be effected on a given day in the month for one month in retrospect. These cash benefits shall be rendered cash-free if and as long as the claimer does not expressly require cash payment.

(3) If the nursing care, the period of care or the family hospice carence is terminated prematurely (14 days after the reason for the respective measure has been omitted), too much paid care allowance is to be reimbursed.

(4) The main association of the Austrian social insurance institutions is obliged to provide the Federal Office of Social Affairs and the Disabled Persons with the basis for the calculation of the amount of the care allowance on the basis of an automatic support. ,

(5) The Bundesrechenzentrum GmbH has as a service provider according to § 4 Z 5 of the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999, in the calculation and payment of the carer's rate and in the implementation of the procedures.

(6) The Federal Office of Social Affairs and the Disabled is authorized to use personal data within the meaning of the DSG 2000, insofar as this is an essential condition for the fulfilment of the statutory tasks set out in § 21d paragraph 1. The following types of data are:

1.

Master data of applicants:

a)

Names (first names, surnames),

b)

Social security number and date of birth,

c)

Gender,

d)

Address of residence or place of residence,

e)

Phone number,

f)

Bank account and account number

2.

Data on the economic and social conditions of applicants:

a)

Dependent children,

b)

(minor) gainful activities,

c)

Income,

d)

insurance periods and

e)

Base of measurement

3.

Data for persons in need of care:

a)

Names (first names, surnames),

b)

Social security number and date of birth,

c)

Care money level.

(7) For periods during which a care allowance is due, financial contributions in accordance with § 21a are not possible. Persons who have agreed to a nursing care pursuant to § 14c AVRAG or a part-time part-time according to § 14d AVRAG may not receive any benefit for the agreed period in accordance with § 21b if the family to be cared for is a service in the sense of a 24-hour support for which a grant is granted in accordance with § 21b for the same period of time. § § 10, 11, 15, 18 (4), 21, 24, 26, 27 (5), (32) and (33a) shall apply mutatily.

§ 21f. (1) In the event of a termination of the employment relationship during the nursing care period or the part-time care period, the right to receive care allowance ends with the end of the employment relationship. However, if the employment relationship is dissolved by the employer during the care period, the nursing care allowance is due for the originally agreed duration of the care carence.

(2) If the employment relationship is dissolved by the employer during a part-time period of care, the nursing care allowance shall be paid in lieu of the aliquot of the nursing care allowance until the end of the agreed duration of the part-time period of care. Full height.

(3) In cases of family hospice, paragraphs 1 and 2 shall apply mutagenicly. "

Section 22 (1) reads as follows:

" (1) For the decision in matters under this Federal Act are responsible:

For people after

1.

§ 3 paragraph 1 Z 1 lit. a to d and f and Z 7 of the social insurance institution responsible for the granting of the full pension, pension or special pension; in that area in which the General Accident Insurance Institution is responsible for the granting of the full pension, which Pension insurance institution;

2.

§ 3 (1) (2) and (3) of the competent accident insurance institution; in that area in which the General Accident Insurance Institution is responsible, the pension insurance institution;

3.

§ 3 para. 1 Z 4 lit. a to i and k and Z 9 the insurance institution to the public;

4.

§ 3 para. 1 Z 4 lit. j and l the Insurance Institution for Railways and Mining and

5.

§ 3 paragraph 1 Z 1 lit. e and g, Z 5, Z 6, Z 8 and Z 10 as well as § 3a the pension insurance institution.

6. In § 23 (3), (3a) and (3b), the expression "§ 22 para. 1 Z 7a" in each case by the expression "§ 22 (1) Z 4" replaced.

Section 33 (4) reads as follows:

" (4) If, in matters under this Federal Act, the decision-makers referred to in § 22 (1) Z 3 are responsible, the Bundesrechenzentrum GmbH as a service provider pursuant to § 4 Z 5 DSG 2000 shall be responsible for the calculation and payment of the care money as well as to participate in the implementation of procedures under this Federal Act. "

8. In § 34, para. 2, the expression "§ 22 (1) (3) and (7a)" by the expression "§ 22 (1) (3) and (4)" replaced.

9. In accordance with § 48c, the following § 48d with headline is inserted:

" Transitional provision to the Novelle BGBl. I No 138/2013

§ 48d. (1) For persons according to § 3 Z 1 lit. e and g, Z 5 lit. a, b and d, Z 6 lit. a and b as well as Z 8, which receive a care allowance in December 2013 and in which the right to benefit is maintained on 31 December 2013, is an advance payment of care allowance. This advance is due in place of the proportional part of the nursing allowance in accordance with § 9 para. 3 for the calendar month in which the right to care allowance is issued. The advance payment is in the amount of the care money paid out for December 2013 at the latest on 1. Jänner 2014 liquid. All provisions applicable to the care allowance, with the exception of § 12, shall also apply to the advance payment. Section 21c (6) shall expire at the end of 31 December 2017.

(2) The provisions of the 3b. Family hospice-related conditions should only be used if the family hospice carence has been taken from 1. January 2014 begins.

(3) The provisions of the 3b. Section shall be in respect of the staff of the Länder, municipalities and associations of municipalities (Art. 21 B-VG) with the end of the current financial compensation period. "

10. The following paragraph 23 is added to section 49 (22):

" (23) Table of Contents 1. Part, § 6 (2) and (3), Section 17 (3), of the 3b. Section including heading, section 22 (1), section 23 (3), (3a) and (3b), section 33 (4), section 34 (2) and § 48d, together with the title in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. "

Article 6

Amendment of the Maternity Protection Act 1979

The Maternity Protection Act 1979 BGBl. N ° 221, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. § § 15c and 15d together with headings are:

" Karenz of the adoptive or foster mother

§ 15c. (1) A servant who has not completed the second year of his/her life,

1.

to the child instead of the child (adoptive mother), or

2.

with the intention of taking a child to a child instead of taking it in free care (foster mother),

and who lives with the child in the same household, is entitled to Karenz.

(2) § § 15 to 15b shall apply with the following deviations:

1.

The Karenz according to § § 15 and 15a starts with the day of acceptance of a child instead of or the takeover in free care or following a carence of the other parent, adoptive or caregivers ' part;

2.

In accordance with § § 15 and 15a, the service provider takes up immediately after the date of acceptance of the child or the takeover in free care, she immediately announced to the service provider the beginning and duration of the carency;

3.

a person takes a child after the end of the 18. Life months, however, before the end of the second year of life in children, instead of or in unpaid care, it may also take up to six months of carence beyond the second year of life;

4.

in the place of the term "father" in the grammatical form used in each case, the term "other parent" occurs in the correct grammatical form in each case.

(3) If the service is a child after the end of the second year of life, but before the end of the child's seventh year of life, it shall take the child instead of or shall take it in his intention to adopt it in lieu of unpaid care, shall have the following: The customer is entitled to Karenz for a period of six months. The Karenz begins with the day of acceptance of the child instead of or the transfer in free care or following a carency of the other parent, adoptive or caregivers ' part.

(4) § § 10, 11, 12 para. 1, 2 and 4, 13 and 16 are to be applied to Karenz according to para. 1 and 3 with the proviso that instead of the announcement of the pregnancy (§ 10 para. 2) the notice of acceptance of a child instead of or of the takeover in care ; in both cases, the request must be accompanied by the request to grant a carence.

Karenz in case of prevention of the other parent

§ 15d. (1) If the other parent, adoptive or caring parent is prevented from taking care of the child himself by an unforeseeable and unwavable event for a not only relatively short period of time, the servant shall be at her request for: the duration of the prevention, but at the latest, until the end of the child's second year of life, to grant a carence. The same applies to the prevention of another parent, adoptive or caregivers ' part, who may reasonably be entitled to Karenz after the end of the second year of life of the child.

(2) A Unpredictable and unsustainable event is only available at:

1.

Death,

2.

A stay in a nursing and nursing home,

3.

deprivation of a custodial sentence and in the case of a reticulation based on an official order,

4.

severe illness,

5.

The common household of the other parent, adoptive or caring parent with the child or the care of the child.

(3) The customer shall immediately announce the commencement and probable duration of the Karenz and prove the circumstances in which he/she is entitled to claim.

(4) The right to Karenz shall be granted even if the employee already consumes Karenz, has entered into an agreed part-time employment or has terminated or has registered for a later date of Karenz or part-time employment.

(5) If the protection of dismissal and dismissal pursuant to § § 10 and 12 does not already exist on the basis of other provisions of this Federal Act, the protection of dismissal and dismissal shall commence upon the use of a Karenz or a part-time employment because of the prevention of the other parent, adoptive or caring parent with the notification and ends four weeks after the cessation of the carence or part-time employment. "

2. In § 15j (1) the quote shall be "§ § 167 (2), 177 or 177b" by quoting "§ § 177 (4) or 179" replaced.

3. The following sentence shall be added to § 15o:

"§ 15j (1) shall also apply with the proviso that the term" the father "shall be replaced by" the other parent "in place of the expression" the father ".

4. In § 15q the expression "the Father" in the grammatical form used in each case by the expression "the other parent" in the correct grammatical form in each case.

(5) The following paragraph 21 is added to § 40:

" (21) § 15c, § 15d, § 15o as well as § 15q in the version of the Federal Law BGBl. I n ° 138/2013 shall enter into force on 1 August 2013 and shall apply to mothers whose children are adopted after 31 July 2013 or taken into care free of charge. "

Article 7

Amendment of the Fathers-Karenzgesetz

The Fathers-Karenzgesetz BGBl. No. 651/1989, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. § § 5 and 6 together with the headings :

" Karenz des Adoptiv-oder Pflegevaters

§ 5. (1) entitlement to Karenz under the conditions and conditions set out in § § 2, 3 and 4 shall, unless otherwise specified in the following, also include a worker who has a child who has not completed the second year of life,

1.

To the child instead of the child (adoptive father);

2.

with the intention of taking it to the child instead of accepting it has taken care of free care (foster father).

(2) In case of acceptance of a child instead of or of the take-over in free care, the Karenz begins with the day of acceptance, the take-over or subsequent to a carency of the other parent, adoptive or caregivers ' part.

(3) If the employee takes up Karenz at the earliest possible date, he shall immediately inform his employer of the beginning and duration of the Karenz according to § § 2 or 3. Without prejudice to the expiry of this period, Karenz may be agreed in accordance with § § 2 or 3.

(4) A worker shall take a child after the expiry of the 18. Life months, however, before the end of the second year of life in children, instead of or taking it in free care with the intention of taking it to the child instead, it may also be carded for up to six months over the second year of the life of the child. Children taking advantage of.

(5) If a worker takes a child after the end of the second year of life, but before the end of the child's seventh year of life, he or she shall take care of the child instead of accepting it in his/her intention to take care of the child in the course of his/her second year of life, he shall Reason for adoption or acquisition in unpaid care entitlement to Karenz for a period of six months. In addition, § § 2 and 3 shall apply.

(6) § § 3 and 4 shall apply with the proviso that the term "shall be replaced by the term" the mother "in the grammatical form used in each case" the other parent " occurs in the correct grammatical form in each case.

Karenz in case of prevention of the other parent

§ 6. (1) If the other parent, adoptive or caring parent is prevented from attending the child himself by an unforeseeable and unwavable event for a not only relatively short period of time, the worker (father, adoptive or A foster father as defined in § 5 (1), at his request for the duration of the prevention, but at least until the end of the child's second year of life, in any case, to grant Karenz if he is living with the child in the common household. The same applies to the prevention of another parent, adoptive or caregivers ' part, who may reasonably be entitled to Karenz after the end of the second year of life of the child.

(2) An unpredictable and unsustainable event is only available at:

1.

Death,

2.

A stay in a nursing and nursing home,

3.

deprivation of a custodial sentence and in the case of a reticulation based on an official order,

4.

severe illness,

5.

The common household of the other parent, adoptive or caring parent with the child or the care of the child.

(3) The right to Karenz is also available if the employee is already consuming Karenz, has entered into an agreed part-time job or has terminated or has registered for a later date of Karenz or part-time employment.

(4) The employee shall immediately inform his employer of the commencement and probable duration of the carding period and must prove the circumstances in which he/she is founded.

(5) § § 7 to 7c shall apply with the proviso that the term "shall be replaced by the term" the mother "in the grammatical form used in each case" the other parent "enters the correct grammatical form in each case."

2. In Section 8b (1), the quote shall be: "§ § 167 (2), 177 or 177b" by quoting "§ § 177 (4) or 179" replaced.

3. The following sentence shall be added to § 8g:

"§ 8b (1) shall also be applied with the proviso that in place of the expression" the mother "shall be the expression" the other parent ".

4. § 9 reads:

" § 9. (1) If the employer of the other parent, adoptive or caregivers share a part-time employment and the other parent does not take up a carence for that period, the employee may, for that period, at the latest until the end of the period. of the child's second year of life, Karenz.

(2) The employee shall immediately announce the beginning and the duration of the Karenz by the employer of the other parent, after refusal of part-time employment, and shall prove the circumstances in which it is based. "

5. The following paragraph 14 is added to section 14 (13):

" (14) § 5, § 6, § 8g as well as § 9 in the version of the Federal Law BGBl. I n ° 138/2013 shall enter into force on 1 August 2013 and shall apply to fathers whose children are adopted after 31 July 2013 or taken into care free of charge. "

Article 8

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I No 137/2013, shall be amended as follows:

1. § 6 (3) and (4) reads:

" (3) Insurance from unemployment insurance funds is covered by health insurance, accident insurance and pension insurance for recipients of an allowance to cover the life of the person in accordance with the Labour Market Service Act (AMSG), BGBl. No 313/1994.

(4) As insurance from federal funds, health insurance and pension insurance for employees and the unemployed in the case of assisted dying, accompanied by severely ill children and in the case of nursing care in accordance with § § 29 to 32 is granted. "

(2) In § 15 (1), the point at the end of Z 11 is replaced by a stroke point and the following Z 12 is added:

" 12.

Nursing care allowance. "

3. § 16 para. 1 lit. i is:

" (i)

of the payment of carers ' allowance, "

4. § 21 (1) (3) and (4) reads:

" 3.

Periods of payment of carence allowance, nursing care allowance, child care allowance, combination wage (§ 34a AMSG) or part-time allowance (§ 26a);

4.

Periods of reduction of the normal working time for the purpose of monitoring the death of a close relative or the accompaniment of a seriously ill child according to § 14a or § 14b of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, or a nursing care pursuant to § 14c AVRAG or a part-time period pursuant to § 14d AVRAG or a similar regulation. "

5. § 26 (1) (4) the following sentence shall be added:

" Periods which are to be calculated on the basis of Article 14 (4) and (5) are to be regarded as periods of employment insurance subject to unemployment insurance.

6. § 26a (1) (3) the following sentence is added:

" Periods which are to be calculated on the basis of Article 14 (4) and (5) are to be regarded as periods of employment subject to unemployment insurance subject to unchanged normal working hours.

Section 2a is as follows:

" Section 2a

Sickness and pension insurance in the case of assisted dying, accompanied by severely ill children and in caregivers

Sickness and pension insurance for service employees

§ 29. (1) Persons who are in a private or public service relationship and, in accordance with § 14a, § 14b or § 14c AVRAG or a similar regulation, a reduction, a change in the position of the normal working time or a In any case, in the event of a loss of pay for the purpose of accompanying the death of a close relative, accompanied by a severely ill child or the care of a close relative (care carence), in any case they shall remain in accordance with the in each case on the basis of the law applicable to this service, and pension insurance.

(2) If the compulsory insurance consists only on the basis of paragraph 1, the basis for the assessment of the sickness insurance scheme shall be the principle of the right in accordance with § 293 (1) (1) (1). a sublit. bb ASVG and as a basis for the pension insurance of the amount referred to in § 44 (1) Z 18 ASVG. In the health insurance there is only entitlement to benefits in kind, in the pension insurance the contribution periods of compulsory insurance are acquired.

(3) In accordance with the notification by the employer of the relevant health insurance or pension insurance institutions, the insurance provider shall be responsible for the performance of the insurance.

(4) The contributions to the health and pension insurance pursuant to para. 1 to be calculated in accordance with paragraph 2 shall be borne by the Federal Government and shall be deducted annually in retrospect.

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

Special provisions for service holders without pension insurance

§ 30. (1) By way of derogation from § 29, persons who are in a private or public service relationship and are not subject to the pension insurance as a result of the employment relationship shall be replaced by the contributions to the Pension insurance contributions in the form of contributions to those legal entities that carry the pension benefits. The period of a reduction in the normal working time within the meaning of § § 14a to 14c AVRAG shall be considered as a period of service which is capable of being taken up for a period of rest.

(2) The contribution rate in accordance with paragraph 1 corresponds to the percentage of the respective statutory contribution to cover the pension effort or a similar contribution.

Special provisions for service-holders without health insurance

§ 31. (1) By way of derogation from § 29, persons who are in a private or public service relationship and are not subject to health insurance under the service relationship are subject to the condition of a comparable the statutory entitlement to sickness insurance contributions to the post of sickness insurance contributions to those legal entities that carry the benefits of the health care. For the time of a reduction of the normal working time in the sense of § § 14a to 14c AVRAG, there is in any case a right to benefits of the health care.

(2) The contribution rate in accordance with paragraph 1 corresponds to the percentage of the respective statutory contribution to cover the costs of the benefits of the hospital care or a similar contribution.

Sickness and pension insurance for the unemployed

§ 32. (1) unemployed persons who announce in writing to the competent regional office that they sign off from the receipt of unemployment benefit or emergency assistance in order to:

1.

the accompanying death of a close relative within the meaning of Section 14a (1) AVRAG,

2.

the accompaniming of a seriously ill child within the meaning of § 14b AVRAG or

3.

Care of a close family within the meaning of § 14c AVRAG (nursing care carence)

in the case of Z 1 for a maximum of six months, in the case of Z 2 for a maximum of nine months, and in the case of Z 3 for a maximum of three months, if and as long as no benefit is provided under this federal law, and No other compulsory insurance in the health and pension insurance. The contribution to health insurance is 7.55 vH of the judge's sentence in accordance with § 293 para. 1 lit. a sublit. bb ASVG, the contribution to pension insurance 22.8 vH of the amount referred to in § 44 (1) Z 18 ASVG. In the health insurance there is only entitlement to benefits in kind, in the pension insurance the contribution periods of compulsory insurance are acquired.

(2) The unemployed shall give the competent regional office the reason for the deregitation in accordance with paragraph 1; at the request of the regional office, a certificate must be provided. The labour market service has to issue a corresponding confirmation of the reason for the logout.

(3) In accordance with the notification of the labour market service, the person responsible for the performance of the insurance is the person responsible for the performance of the insurance. Pension insurance institutions.

(4) The contributions to the health and pension insurance in accordance with paragraph 1 are to be borne by the federal government and to be deducted annually in retrospect.

(5) The Labour Market Service, the Main Association of Austrian Social Insurance Institutions and the other entities concerned shall have the right to make appropriate arrangements for the implementation of these provisions.

(6) By way of derogation from paragraph 1, the contribution to health insurance from 2008 shall be 7.65 vH of the judge's sentence in accordance with § 293 para. 1 lit. a sublit. bb ASVG. "

8. The following paragraphs 135 and 136 are added to § 79:

" (135) § 26 paragraph 1 Z 4 as well as § 26a (1) Z 3 in the version of the Federal Law BGBl. I N ° 138/2013 will enter into force on 1 July 2013.

(136) § § 15 (1) (11) and (12), 16 (1) (lit). i and 21 (1) (3) and (4) in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in Kraft; § 6 and Section 2a together with the title in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force and apply for claims based on agreements within the meaning of § § 14a to 14c AVRAG, which will take effect after the end of the 31 December 2013; for claims based on agreements within the meaning of § § 14a and 14b AVRAG, which are before the 1. As of January 2014, § 6 and Section 2a together with the headline in the previous version will continue to apply. "

9. The following paragraph 12 is added to § 83:

" (12) The requirements of § 26 paragraph 1 Z 4 in the version of the Federal Law BGBl. I n ° 138/2013 do not apply to persons who are on the basis of one of them before the 1. Jänner 2017 was born in a Karenz according to the maternity protection law 1979, BGBl. No. 221, according to the Fathers-Karenzgesetz, BGBl. No 651/1989, or according to a similar other piece of legislation, and within six months of the end of such a carence, have been given an educational karence. "

Article 9

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I No 67/2013, shall be amended as follows:

1. The following sentences are added to Article 25 (5):

" For scientific and statistical studies in the public interest, the Federal Ministry of Labour, Social Affairs and Consumer Protection and the Labour Market Service may use the data required for this purpose in accordance with paragraph 1 (except for Z 1 lit. a and e to h), linked to the encrypted bPK AS, the Bundesanstalt Statistik Austria for the purpose of merging with indirect personal data from other authorities or social security institutions or at the Federal Institute the data available to the working population. In the same way, these other authorities or social insurance institutions may, according to legal regulations, transmit processed data of their own state activity, linked to the encrypted bPK AS, the Federal Institute. A return of data collected or the possibility of re-establishment of a direct passenger reference is inadmissible. The Federal Institute produces the scientific or statistical evaluations after appointment by the Federal Minister for Labour, Social Affairs and Consumer Protection. The Federal Institute provides its services under this Federal Act against cost compensation pursuant to Section 32 (4) (2) of the Federal Statistics Act 2000. The merged data shall be deleted as soon as they are no longer needed for the purpose of the investigation, at the latest after three years. "

(2) The following paragraph 30 is added to § 78:

" (30) § 25 (5) in the version of the Federal Law BGBl. I N ° 138/2013 will enter into force on 1 September 2013. "

Article 10

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 8 (1) (2) is lit. j is added:

" j)

Nursing part-time employees who receive an aliquot care allowance according to § 21c of the Federal Nursing Money Act; "

(2) In § 10 (6b), the point at the end of Z 8 shall be replaced by a stroke; the following Z 9 shall be added:

" 9.

at the in lit. j persons mentioned with the day from which the aliquot care allowance is obtained. "

(3) In § 14 (1), the point at the end of Z 13 is replaced by a stroke; the following Z 14 is added:

" 14.

if it is referred to in Article 8 (1) Z 2 lit. j as recipients of an aliquot care allowance according to § 21c of the Federal Nursing Money Act are insured. "

4. § 18b is inserted after paragraph 1 of the following paragraph 1a:

" (1a) The self-insurance is for the period of compulsory insurance in accordance with § 8 para. 1 Z 2 lit. j excluded on the basis of the payment of an aliquot caretaker. "

5. In § 31c (3), the following Z 2a is inserted after Z 2:

" 2a.

The Federal Office of Social Affairs and the Disabled Persons of recipients of a care allowance according to § 21c of the Federal Nursing Money Act, provided that this is a full-time carenation,

6. In § 36 (1), the point at the end of Z 18 is replaced by a line of lines; the following Z 19 is added:

" 19.

for which according to § 8 paragraph 1 Z 2 lit. j pflichtversicherten recipients of an aliquot care allowance from the Federal Office for Social Affairs and the Disabled. "

Section 41 (4), first sentence reads:

"Messages outside of electronic data transmission shall be deemed to be reimbursed only if they are carried out in accordance with the guidelines pursuant to § 31 (5) Z 29."

8. In § 41 (4) (1) and (2), after the word "Reporting Types" each expression "-with the exception of statements in paper form by legal persons and registered partnerships-" inserted.

9. In § 44 (1), the point at the end of Z 18 is replaced by a line-point; the following Z 19 is added:

" 19.

in accordance with § 8 (1) Z 2 lit. j mandatory insured persons the aliquot care allowance as well as the children's surcharges according to § 21c of the Federal Nursing Money Act. "

10. In § 52, para. 4, first sentence, the parenthesis shall be "(§ 44 (1) (11) to (18))" by the parenthesis expression "(§ 44 (1) (11) to (19))" replaced.

11. In § 52 (4), the point at the end of Z 5 shall be replaced by a line-point; the following Z 6 shall be added:

" 6.

for partial insured persons in accordance with § 8 paragraph 1 Z 2 lit. Y

a)

From federal funds for maintenance money expenses, if they are cases of § 21c (1) of the Federal Nursing Money Act;

b)

from federal funds, if they are cases of § 21c (3) of the Federal Nursing Money Act. "

12. In § 143 (1), the point at the end of Z 6 is replaced by a stroke; the following Z 7 is added:

" 7.

as long as the insured care allowance is granted in accordance with § 21c of the Federal Nursing Money Act, in the amount of the nursing care allowance according to § 21c of the Federal Nursing Money Act. "

13. In § 162 para. 3 lit. c is:

" (c)

Periods during which the insured persons under sections 14a, 14b, 14c, 14d or 14d of AVRAG or a similar regulation for the purpose of accompanying the death of a (a) close relative, the accompaniment of a severely ill child or the care of one/one child Close relatives (care caregivers) did not relate the full or no pay, "

14. In § 166 (1), the point at the end of Z 3 shall be replaced by a line-point; the following Z 4 shall be added:

" 4.

as long as the insured nursing care allowance is granted in accordance with § 21c of the Federal Nursing Money Act, in the amount of the nursing care allowance according to § 21c of the Federal Nursing Money Act. "

15. In accordance with § 677, the following § 678 shall be added together with the heading:

" Final provision on Art. 10 of the Federal Law BGBl. I No 138/2013

§ 678. § § 8 (1) Z 2 lit. j, 10 para. 6b Z 8 and 9, 14 para. 1 Z 13 and 14, 18b para. 1a, 31c para. 3, 36 para. 1 Z 18 and 19, 41 para. 4, 44 para. 1 Z 18 and 19, 52 para. 4 first sentence as well as Z 5 and 6, 143 para. 1, 162 para. 3 lit. c and 166 (1) in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. "

Article 11

Amendment of the General Pensions Act (11). Novelle to the APG)

The General Pension Act, BGBl. I n ° 142/2004, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. In § 3 (1) Z 2, after the expression: " Z 2 lit. a to g " the expression "and j" inserted.

2. In § 4 (5), the point at the end of the Z 3 shall be replaced by a stroke; the following Z 4 shall be added:

" 4.

Periods of compulsory insurance according to § 8 paragraph 1 Z 2 lit. j ASVG. "

3. In accordance with § 26, the following § 27 shall be added together with the heading:

" Final provision on Art. 11 of the Federal Law BGBl. I n ° 138/2013 (11. Novelle)

§ 27. § § 3 (1) Z 2 and 4 (5) Z 3 and 4 in the version of the Federal Law BGBl. I n ° 138/2013 will be 1. Jänner 2014 in force. "

Article 12

Amendment of the Children's and Young People's Employment Act 1987

The Children's and Young People's Employment Act 1987, BGBl. No. 599, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. In § 6 (3), the first sentence is deleted; in the second sentence, the word shall be deleted. "also" .

2. In § 6 (4) the word "amtsmedic" through the phrase "Medical or medical doctors for general medicine or specialist doctors for children's and adolescents ' medicine" replaced; the word "must" shall be "must" and the word "that" by "that" replaced.

(3) The following paragraph 11 is added to § 34:

" (11) § 6 (3) and (4) in the version of the Federal Law BGBl. I N ° 138/2013 shall enter into force on 1 August 2013 but shall not apply to proceedings already pending at that date. "

Article 13

Amendment of the Federal Social Insurance Act

The Federal Social Insurance Act, BGBl. No 150/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 51/2012, shall be amended as follows:

1. The short title and the abbreviation are: