Change Of Bauarbeiter Urlaubs - And Clearance Act, Of The General Social Insurance Act, Of The Unemployment Insurance Act 1977 And Of The Labour Market Policy Financing Laws...

Original Language Title: Änderung des Bauarbeiter-Urlaubs- und Abfertigungsgesetzes, des Allgemeinen Sozialversicherungsgesetzes, des Arbeitslosenversicherungsgesetzes 1977 und des Arbeitsmarktpolitik-Finanzierungsgesetze...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_137/BGBLA_2013_I_137.html

137. Federal law that modifies the Bauarbeiter-Urlaubs - und severance Act, the General Social Insurance Act, the unemployment insurance act of 1977 and the labour market policy financing Act

The National Council has decided:

Article 1

Amending Bauarbeiter Urlaubs - and clearance law

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 in § 5 lit. b be added after the word "Federal law" following word sequence:

"as well as times, granted a holiday compensation"

2. paragraph 7 subsection 2:

"(2) the date of the holiday present is to determine that the holidays within the calendar year in which it was formed, can be consumed anyway, but until March 31 of the 3rd following year, the agreement between employers and workers with respect to the requirements of the operation and the recovery ability of the employee."

3. § 7 eliminates para 5 and 5a.

4. paragraph 7 subsection 6:

"(6) the entitlement expires, if workers has not consumed the holiday until March 31 of the third following year after the calendar year in which the entitlement has arisen. "This period will be extended for the use of parental leave in accordance with the fathers parental leave Act (VKG), Federal Law Gazette No. 651/1989 or under the maternity protection Act 1979, BGBl. No. 22 / 1979."

5. According to § 8 para 2 first sentence is inserted the following sentence:

"When submitting, the employer has the agreed holiday period to announce."

6 paragraph 9 together with the heading:

"Holiday compensation

§ 9 (1) holiday compensation is the compensation of the still open at the end of the employment relationship and unconsumed vacation claim. You are entitled to in the amount of the vacation fee (§ 8), which corresponds to the length of the date leave.

(2) the employee is still an open entitlement, at the end of the employment relationship a holiday compensation as compensation for the unused vacation to the workers. Holiday compensation is to pay the employee at his request and after termination of employment by the vacation and severance Fund. Workers not submits the vacation compensation and also paragraph 3 not be applied, comes the entitlement remains upright.

(3) vacation entitlements, which would expire within five months after termination of the employment relationship are to pay regardless of a submission by holiday compensation upon termination.

(4) the claim on holiday compensation to only insofar as workers enters no employment during the period for which holiday compensation is due to, which are governed by this federal law.

(5) the holiday compensation is to handle tax and unemployment insurance legal terms as the compensation (§ 10). In social security legal terms is to treat that starts with the first day after the termination of the employment insurance vacation compensation as the indemnity provided."

7. the introductory sentence in article 10, paragraph 1 is as follows:

"(1) the workers entitled to severance pay in the amount of the entitlements, has if"

8 § 10 para 1, the following paragraph 1a is attached:

"(1a) the compensation referred to in paragraph 1 lit. a can be made also for parts vested."

9 paragraph 11 together with the heading:

"Decline of holiday pay and holiday compensation settlement

"Forfeit the entitlement to holiday pay or compensation § 11 (1) with the underlying entitlement in accordance with § 7 paragraph 6.

(2) the entitlement to payment of the holiday compensation pursuant to § 9 para 3 expires within one year after the due date."

10 § 13a paragraph 5 reads:

"(5) in the case of resolution of the employment relationship by the death of the worker and the conditions in accordance with sections 13 b and 13 c to the spouse or registered partner and children (choice -, maintenance - and stepchildren), equal parts to check."

11 section 13j para 2 is as follows:

"(2) the alternative claim to winter holiday remuneration is of the vacation and severance Fund on the basis of notifications pursuant to § 22 to determine and pay until March 15 to the employee. The alternative to winter holiday remuneration null and void within three years after the withdrawal date."

12 § 13 k para 4 second sentence deleted.

13 according to § 13 k, section IIIb together with heading shall be inserted the following:

"Section IIIb

Bridging allowance

Entitlement to the bridging allowance

§ 13 l. (1) workers in establishments referred to in §§ 1 and 2 para 1 have after completion of the 58th year, if in any employment relationship are more and after obtaining bridging allowance are entitled to an old-age pension (old-age, corridor or heavy work pension), a unique claim on bridging allowance in the presence of:



1. at least 520 weeks of employment after completion of their 40th year in an employment relationship, which is subject to this Act, and 2 at least 30 weeks in such employment over the last two years prior to receipt of the bridging allowance.

(2) the monthly amount of the bridging allowance is the 169,5-fache of the averaged hourly wage applicable to the workers in the last 52 weeks prior to termination of the last employment. The hourly wage is the predominant classification of the employee, taking into account the last averaged wage increase falling in that period. Due to lack of a contractual regulation of the hourly wage, the agreed upon in the recent employment and reported the holiday - und Abfertigungskasse hourly rate applies (section 21a, para 3 last sentence) as a basis for calculation.

(3) the bridging allowance should be given for a period not exceeding twelve months.

(4) the bridging allowance are due to twelve times a year and is to pay the workers each on the 5th of the month by the vacation and severance Fund.

(5) the employee has to prove that he has finished a measure of health rehabilitation within the last two years before submission of the application. The Federal Minister for labour, Social Affairs and consumer protection at the joint request of the relevant collective agreement enabled bodies shall by regulation to determine which measures are suitable health rehabilitation.

(6) by way of derogation para 2 to 4 the amount of the bridging allowance, the period of cover with a maximum of 24 months, as well as the number of due month charges with a maximum 14 per year can be set at the joint request of the collective agreement enabled authorities by Ordinance of the Federal Minister for labour, Social Affairs and consumer protection, unless the financial coverage is guaranteed. Amendments of the claims referred to in paragraph 2 to 4 by regulation do not affect workers who refer to the date of entry into force of the regulation of bridging allowance.

(7) the entitlement to the bridging allowance rests



1 for the duration of the cover of other income from employment, if this Z is greater than the applicable de minimis limit pursuant to § 5 para 2 2 ASVG, deserves 2. during the period for the a holiday compensation pursuant to section 9 or a holiday compensation in accordance with § 10.

(8) the bridging allowance is equal to keep a charge from an employment relationship. In terms of the provisions of the tax law, social security law and the operational staff and self-employed persons Pension Act - BMSVG, Federal Law Gazette I no. 100/2002 is the bridging allowance remuneration, unless there for the bridging allowance otherwise regulated.

(9) recipients of the bridging allowance, which receive income from an occupation and know, or know, that no registration to social security is done, lose their entitlement to a bridging allowance. Already results bridging allowance can be reclaimed by the vacation and severance Fund.

Bridging compensation for failure to take advantage of the bridging allowance

§ 13 m. (1) a unique bridging flat rate amounting to 35% of the otherwise the bridging allowance are due to a worker who, in employment stands, which is subject to this federal law despite the fulfilment of the other requirements of section 13 l 1 bridging allowance unused, for times in which he claimed the bridging allowance. The bridging payment is due to the employee on request at the time of the old-age pension.


(2) a unique bridging compensation amounting to 20% of the bridging allowance otherwise payable to the worker is due to an employer who employs an employee referred to in paragraph 1, with respect to this employment. The bridging payment may be offset against outstanding supplement claims and is due at the time of the retirement pension of the employee. The bridging payment is not to when the employer repeatedly within the last five years prior to submission of the general social security law was punished for violating social security legal reporting obligations in accordance with § 33. The district administrative authority must notify the holiday - und Abfertigungskasse on request, whether a such administrative penalty has been imposed against the employer.

(3) by way of derogation from paragraphs 1 and 2 the height of compensation for bridging can be used firmly at the joint request of the collective agreement enabled authorities by Ordinance of the Federal Minister for labour, Social Affairs and consumer protection, unless the financial coverage is guaranteed.

Applications for the granting of benefits pursuant to §§ 13 l and 13 m

§ 13. (1) which is 13 l request for granting of the bridging allowance pursuant to section to place at least two months before the beginning of the cover at the holiday - und Abfertigungskasse under indication of the beginning and the duration of the cover.

(2) number of employees have to prove compliance with the conditions for its cover m in the request for grant of a bridging payment for failure to use the bridging allowance in accordance with § 13. Employers have to prove the employment of such workers.

Supplement

section 13o. The employer has to pay a surcharge to pay to meet the expenditure for the bridging allowance including pro-rata administrative costs times of the holiday except for each worker for all employment weeks. This is the 1.5 times of the new total for a calendar week (week of employment). The surcharge can be set at the joint request of the relevant collective agreement enabled bodies by regulation of the Federal Minister for labour, Social Affairs and consumer protection in a modified height, that the sum of the inputs to surcharges the spent of the holiday - und Abfertigungskasse the area bridging allowance including the administrative burden can be met and in addition reserves equal to half of the annual expenditure for the area can be built.

Area

§ 13 p. To the processing of the claims in accordance with this section the vacation and severance Fund has to set up an own area."

14 § 21 para 2 first sentence reads:

"For the area of the scheme of paid leave the surcharges for every qualifying week, are except for the holiday (section 4) and times, granted for a holiday compensation (§ 9), for the area of clearance control the surcharges for each calendar week (week of employment), except for times of the basic military service or training or ordinary civil service (§ 4 para 3 lit. b) and times, granted a holiday compensation (§ 9), to be paid."

15 § 21a para 3 first sentence reads:

"(3) the calculation of the charges payable for the individual employee is, where's the supplement"



"(1. für den Sachbereich der Urlaubsregelung Betrifft, a) from 1 January 2014 to 22%, b) from 1 January 2015 the 20%, 2nd for the area of clearance control the collective hourly wage increased by 20% to reason to lay, resulting for the individual workers on the basis of statutory or contractual working week for the labour concerns,."

16. after section 21a, the following paragraph is inserted 21 b together with heading:

"The sharing of the administrative burden on the individual matters shall

section 21 b. The entire administrative burden which is Urlaubs - und Abfertigungskasse bad weather, with the exception of repute, as far as he is unable to recover on the basis of contractual obligations by a third party, to divide k, 13 p and 21 in the ratio of the respective performance volume on the matters shall in accordance with §§ 13."

17. in article 22, paragraph 2, the phrase "by means of the forms sent to him by the holiday - und Abfertigungskasse" shall be deleted.

18. According to article 22, paragraph 1, the following paragraph 1a is inserted:

"(1a) the employer employs workers on a part-time basis, he shall report the extent and the location of working hours including all amendments of the holiday - und Abfertigungskasse."

19. According to article 22, paragraph 2, the following paragraph 2a is inserted:

"(2a) the employer has reported any termination of employment of vacation - und Abfertigungskasse to immediately."

20. in article 24, the point will be replaced at the end of the No. 3 by a comma. Furthermore following Nos. 4 and 5 are added:



"4. claims and entitlements that would; expire within the next 12 months

5. employment weeks in accordance with § 13l para 1 subpara 1, which for the purchase of bridging allowance claim causative can act."

21. According to article 31, paragraph 1, the following paragraph 1a is inserted:

"(1a) which are competent institution of pension insurance obligation, the holiday - und Abfertigungskasse for the purpose of assessing the conditions for the granting of the bridging allowance in accordance with § 13 l or bridging compensation pursuant to § 13 m, as well as ensure financial cover for an extension of the claims in accordance with § 13 l 2 to 4 by regulation in accordance with § 13 l paragraph 6 with regard to workers, which fall within the territorial scope of this Act and who have reached their 50th year" ", in the way of the main Association of Austrian social insurance institutions (§ 31 para 4 No. 3 lit. b ASVG) all periods of insurance which is to be used for testing the existence of the eligibility requirements for an old-age pension shall be communicated."

22 31 paragraph 4, the following sentence is added at §:

"This insight - and query permission comes to the competent health insurance bodies for the purpose of contribution."

23 paragraph 2 the following sentence is added to § 33f:

"The void, if workers has not consumed the holiday until March 31 of the third following year after the calendar year in which the entitlement has arisen."

24 § 40 following paragraphs shall be added:

"(25) section 13a, para 5, § 13 k para 4, § 13 l 1 to 4 and 6 to 9, § 13m to § 13 p, 21a, para 3, § 21b, section 22 par. 1a and 2a, as well as § 31 para 1a and 4 as amended by Federal Law Gazette I no. 137/2013 with 1 January 2014 into force." § 13 l 5 para 1 January 2017 into force. L and 13 m fees pursuant to §§ 13 from 1 January 2015. The bridging payment pursuant to § 13 m is due to workers or workers from the birth year of 1957. The additional fee in accordance with section 13o is the 0,8fache of the averaged hourly wage in 2014 for a calendar week (week of employment).

(26) contact 1 November 2014 into force § 9 para 1 and 3 to 5. § 5 lit. b, section 7 para 2 and 6, § 8 para 2, § 9 para 2, § 10 para 1 and 1a, § 11, section 13j para 2, § 21 para 2, § 24 Z 4 and 5, and section 33f para 2 as amended by Federal Law Gazette I no. 137/2013 apply with 1 January 2015. Article 7, par. 5 and 5a step at the end of 31 December 2014 override."

Article 2

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. in the section 8, paragraph 1, the point will be replaced at the end of the Z 4 with a semicolon; following Z 5 is added:



"5. in the health and pension insurance the recipients of a bridging allowance pursuant to § 13 l of the Bauarbeiter Urlaubs - and clearance Act."

2 in § 36 para 1, the point will be replaced at the end of the No. 19 with a semicolon; following Z 20 is added:



"20 for that according to article 8, paragraph 1 Z 5 obligatory recipients of a bridging allowance of Bauarbeiter Urlaubs - und Abfertigungskasse."

3. in the section 44 para 1, the point will be replaced at the end of the No. 19 with a semicolon; following Z 20 is inserted:



"20 for the according to article 8, paragraph 1 Z 5 obligatory the bridging allowance."

4. in article 52, according to paragraph 3, the following paragraph 3a is inserted:

"(3a) for Teilversicherte according to § 8 par. 1 Z 5 are the posts with the same percentage of the contribution basis (article 44, paragraph 1 Z 20) measured, as he in § 51 para 1 subpara 1 lit." b or Z 3 is fixed; These contributions are entirely financed by the Bauarbeiter Urlaubs - und Abfertigungskasse to wear."

5. in § 138 para 2, the point is at the end of the lit. g replaced with a semi-colon; following lit. h is attached:



"h) according to article 8, paragraph 1 Z 5 Teilversicherten."

6. in section 162 para 5 No. 1 is the expression "§ 138 para 2 lit. a to e"by the expression"§ 138 para 2 lit. a to e and h"replaced.

7. after section 678 679 the following section including headline is added:

Final provisions article 2 of the Federal Act Federal Law Gazette I no. 137/2013

679. (1) §§ 8 par. 1 Z 4 and 5, 36 para 1 Nos. 19 and 20, 44 para 1 No. of 19 and 20, 52 paragraph 3a, 138 para 2 lit. I no. 137/2013 g and h as well as 162 para 5 No. 1 in the version of Federal Law Gazette with 1 January 2014 into force.


(2) the pension insurance agency provides an amount of EUR 6.5 million to Bauarbeiter Urlaubs - und Abfertigungskasse on 1 June 2014. The pension insurance institution does on January 1 of each year, for the first time on 1 January 2015, a sum amounting to EUR 13 million, as far as at least 1 700 people each year one application for granting of the bridging allowance pursuant to § 13 l of the Bauarbeiter Urlaubs - and clearance Act or to grant a bridging payment for failure to take advantage of bridging allowance according to section 13 m of the Bauarbeiter Urlaubs - and clearance Act provide. Be fewer applications submitted, the aliquot part of this amount is due. The amount from the year 2015 is in the months of January to June, September and October as an advance each amounting to a quarter of the total amount. The difference between the advance payment and the settlement on the basis of the requests actually carried out is the next subsequent advance payment against targets."

Article 3

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. 81/2013, is amended as follows:

1. in the section 16, paragraph 1, the point is at the end of the lit. p replaced by a comma and the following lit. q added:



"q) the cover of the bridging allowance in accordance with § 13l Bauarbeiter-Urlaubs - und severance Act."

137 the following paragraph is added to section 2. 79:

"(137) article 16 paragraph 1 lit. p and q in the version of Federal Law Gazette I no. 137/2013 effective with January 1, 2015."

Article 4

Amendment of the labour market policy financing Act

The labour market policy financing Act, Federal Law Gazette No. 315/1994, as last amended by Federal Law Gazette I no. 67/2013, is amended as follows:

1 52 the following paragraph is added to sec. 10:

"(52) § 17 and heading in the version of Federal Law Gazette I is no. 137/2013 in force on July 1, 2013."

2. paragraph 17 together with the heading:

"Special arrangements for the delivery of the resolution

The employer § 17 (1) termination of an unemployed insurance service has no levy in accordance with § 2 b to do if the operation (the company) regarding the affected employee pursuant to section 2 of the Bauarbeiter Urlaubs - and clearance Act (BUAG) is subject to the area of the scheme of paid leave and for these workers in accordance with section 21 laid charges pursuant to § 21a BUAG BUAG has paid. Bauarbeiter Urlaubs - und Abfertigungskasse has as to provide compensation for the duties thus lost lump-sum compensation each to the assigned management of labour market policy.

(2) half of the revenue from the flat-rate compensation in accordance with paragraph 1 is the labour market reserve in accordance with § 50 to feed AMSG and to use aid to companies to promote the employment of older persons.

(3) the lump-sum payment for the first half of 2013 is €4.8 million and is payable June 30, 2013 at the latest.

(4) the flat-rate compensation for the second half of 2013 amounts to €8.2 million and is payable October 31, 2013 at the latest.

(5) the flat-rate compensation from the year 2014 is in the months of March, June, September and October as an advance each amounting to a quarter of the total amount of the previous year to afford. The difference between the advance payment and the settlement on the basis of the actual taxable termination is with the next following payment in advance to expect."

Fischer

Faymann