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...

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137. Federal law amending the Construction Workers ' Holiday and Abortion Act, the General Social Insurance Act, the Unemployment Insurance Act 1977 and the Labour Market Policy-Finance Act

The National Council has decided:

Article 1

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I No 71/2013, shall be amended as follows:

1. In § 5 lit. b becomes after the word Federal Law the following phrase is added:

"as well as times for which a holiday allowance is granted"

2. § 7 (2) reads:

" (2) The date of the holiday is to be determined by agreement between the employer and the employee, taking account of the requirements of the establishment and the possibility of recreation of the worker in such a way as to ensure that the holiday is within the The calendar year in which it was created, but at any rate until 31 March of the third year of the year, can be used. "

3. § 7 (5) and (5a).

4. § 7 (6) reads:

" (6) The holiday entitlement shall be forgiven if the employee has not consumed the holiday until 31 March of the third following year after the calendar year in which the holiday entitlement was incurred. This period is extended when a Karenz is used in accordance with the Väter-Karenzgesetz (VKG-Karenzgesetz-VKG), BGBl. No 651/1989 or in accordance with the maternity protection act 1979, BGBl. No. 22/1979. '

5. In accordance with § 8 (2), first sentence, the following sentence shall be inserted:

"At the time of submission, the employer shall announce the agreed holiday period."

6. § 9 together with headline reads:

" Holiday rate performance

§ 9. (1) The rate of holiday benefit is the retribution of the leave entitlement which is still open and not consumed at the end of the employment relationship. It is due in the amount of the holiday pay (§ 8), which corresponds to the duration of the golden holiday.

(2) If, at the end of the employment relationship, the employee still has an open right to leave the holiday, the employee shall be entitled to a holiday allowance as a compensation for the unspent leave. The rate of holiday allowance shall be paid to the employee at his request for termination of the employment relationship by the leave-of-leave and terminal. If the employee does not assert the holiday compensation and does not apply paragraph 3, the right to leave the holiday is maintained.

(3) Leave claims which would expire within five months of the termination of the employment relationship shall be deducted from the performance of a holiday at the end of an application, irrespective of the application.

(4) The right to a holiday benefit is only due in so far as the employee does not enter into an employment relationship in the period for which the holiday allowance is due, which is subject to this federal law.

(5) The rate of holiday benefit is to be treated in terms of tax law and unemployment insurance as the severance (§ 10). In the case of social insurance law, the rate of holiday benefit such as severance is to be treated with the proviso that the insurance starts with the first day after the end of the employment relationship. "

7. The entry rate in § 10 para. 1 reads:

"(1) The employee is entitled to compensation in the extent of the waiting period, if"

8. § 10 (1) the following paragraph 1a is added:

" (1a) The severance according to para. 1 lit. a can also be asserted for parts of the defensions. "

9. § 11 together with headline reads:

" Decay of holiday pay, holiday rate performance and severance pay

" § 11. (1) The entitlement to holiday pay or compensation shall be forgiven with the underlying holiday entitlement in accordance with § 7 (6).

(2) The right to payment of the holiday allowance in accordance with § 9 para. 3 shall be forfeit within one year of the due date. "

10. § 13a (5) reads:

" (5) If the employment relationship is dissolved by the death of the employee and the conditions laid down in § § 13b and 13c are fulfilled, the pending handling shall be due to the spouse or the registered partner as well as to the children (choice, maintenance and Stepchildren) in equal parts. "

11. § 13j (2) reads:

" (2) The entitlement to the winter holiday allowance shall be determined by the holiday and terminal office on the basis of the notifications in accordance with § 22 and to be paid out to the employee by 15 March. The entitlement to the winter holiday compensation shall be forgiven within three years from the date of payment. "

12. § 13k para. 4 second sentence is deleted.

13. In accordance with § 13k, the following section IIIb and heading is inserted:

" Section IIIb

Bridging allowance

Entitlement to bridging allowance

§ 13l. (1) Employees in establishments according to § § 1 and 2 (1) shall have after completion of the 58. Life-year, provided that they are no longer in employment relationship and, following the receipt of bridging allowance, are entitled to an age pension (age, corridor or heavy-duty employment), a one-off entitlement to a bridging allowance. Available from:

1.

at least 520 employment weeks after the completion of the 40. Life-year in an employment relationship governed by this federal law, and

2.

at least 30 weeks of employment in such an employment relationship over the last two years prior to the use of the bridging allowance.

(2) The monthly amount of the bridging allowance shall be 169 ,5-times the collective contractual hourly wage in force for the employee in the last 52 weeks before the end of the last employment relationship. The hourly wage is determined by the predominant classification of the worker, taking into account the last collective wage increase in the period covered by this period. In the absence of a collective contractual arrangement of the hourly wage, the hourly wage agreed in the last employment relationship and reported to the holiday and departure terminal (section 21a (3) of the last sentence) shall be considered as the basis for calculation.

(3) The bridging allowance shall be due for a maximum period of twelve months.

(4) The bridging allowance shall be due to twelve times a year and shall be paid to the employee on the 5. of the calendar month by the holiday and terminal box office.

(5) In the case of an application, the employee must prove that he has completed a health-rehabilitation measure within the last two years before the application. The Federal Minister for Labour, Social Affairs and Consumer Protection has, at the joint request of the competent bodies responsible for collective agreements, to determine, by means of a regulation, which measures are suitable for health rehabilitation.

(6) By way of derogation from the provisions of paragraphs 2 to 4, the amount of the bridging allowance, the period of the period of the for a maximum of 24 months, as well as the number of fees due to be paid, at a maximum of 14 per year, provided that the financial cover is guaranteed. Any changes to the claims referred to in paragraphs 2 to 4 of this Regulation shall not affect workers who receive a bridging allowance at the time of the entry into force of the Regulation.

(7) The right to a bridging allowance shall be rested

1.

during the period of the cover of another income from gainful employment, provided that the income exceeds the applicable de minimis limit in accordance with Article 5 (2) (2) (2) (2) of the ASVG,

2.

during the period for which a holiday allowance according to § 9 or a holiday settlement according to § 10 is due.

(8) The bridging allowance shall be equal to a remuneration from an employment relationship. With regard to the regulations of tax law, social security law and the company employee and self-employment pension law-BMSVG, BGBl. I n ° 100/2002 is the bridging allowance, provided that nothing else is regulated there for the bridging allowance.

(9) Relators of bridging allowances, which relate to income from gainful employment and know or have had to know that no social security registration has been made, shall lose their entitlement to a bridging allowance. The bridging allowance already made can be reclaimed from the holiday and terminal.

Bridging the gap in case of non-use of bridging money

§ 13m. (1) A worker who is in an employment relationship which is subject to this federal law and who, despite the fulfilment of the other requirements of Section 13l (1), is not entitled to a bridging allowance, is due for periods in which he/she is Bridging allowance is not claimed, a one-time bridging allowance in the amount of 35% of the otherwise available bridging allowance. The bridging distraction shall be due to the employee upon request when the retirement pension is taken.

(2) An employer who employs a worker in accordance with paragraph 1 shall be entitled to a one-time bridging contract in the amount of 20% of the bridging allowance otherwise provided to the employee in respect of that employment relationship. The bridging settlement can be charged with open surcharge claims and is due in the event of the employee's retirement pension. The bridging termination is not available if the employer repeatedly punishes the employer within the last five years prior to the application for non-compliance with social insurance law reporting obligations in accordance with § 33 General Social Insurance Act . On request, the district administrative authority shall inform the holiday and terminal office of whether such administrative penalty has been imposed on the employer.

(3) By way of derogation from paragraphs 1 and 2, the amount of the bridging settlement may be fixed at the joint request of the competent collective contractual bodies by ordinance of the Federal Minister of Labour, Social Affairs and Consumer Protection, provided that the financial cover is guaranteed.

Applications for benefits in accordance with § § 13l and 13m

§ 13n. (1) The application for the granting of bridging allowance pursuant to § 13l shall be submitted at the holiday and terminal box office at least two months before the beginning of the reference period, stating the beginning and the duration of the reference.

(2) In the event of non-use of bridging fees in accordance with § 13m, employees have to prove the fulfilment of the conditions for their receipt in the application for the granting of a bridging allowance in the event of non-use of bridging fees. Employers have to prove the employment of such workers.

Supplement

§ 13o. The employer shall pay for each worker for all periods of employment, except in the periods of leave, a supplement to the salary to pay the expenses for the bridging allowance, including the administrative costs of the contract. This amounts to 1.5 times the collective contractual hourly wage for one calendar week (Employment Week). The supplement may be fixed at the joint request of the competent collective contractual bodies by decree of the Federal Minister for Labour, Social Affairs and Consumer Protection at a revised level such that the sum of the In addition, financial reserves in the amount of half of the year's annual expenditure can be met and, in addition, financial reserves for the amount of half of the annual expenditure for the benefit of the The subject area can be built up.

Subject Area

§ 13p. In order to complete the claims pursuant to this section, the holiday and terminal office shall set up a specific subject area. "

14. § 21a (2) first sentence reads:

" For the purposes of the holiday scheme, the surcharges for each week of arrival, except in the case of holidays (§ 4) and periods for which a holiday allowance (§ 9) is granted, are for the subject area of the handling scheme. Surcharges for each calendar week (Employment Week), except for periods of civil service or civil service (§ 4 para. 3 lit. (b) and the times for which a holiday allowance (§ 9) is granted. "

Article 21a (3), first sentence reads:

' (3) The calculation of the surcharges to be made for the individual worker shall, in so far as this is the case

1.

in the field of the holiday scheme,

a)

from 1. January 2014 of 22%,

b)

from 1. January 2015 of 20%,

2.

in the field of the handling of the manufacturing sector, which is 20%

to increase the collective contractual hourly wage, which results for the individual employee on the basis of the statutory or contractually agreed weekly working time for the working hour. "

16. In accordance with § 21a, the following § 21b and heading is inserted:

" Breakdown of the administrative burden on each subject

§ 21b. The total administrative burden of the holiday and terminal box, with the exception of the case of bad weather, is, insofar as it is not reimbursed on the basis of contractual obligations from the third party, in the ratio of the respective To divide the volume of performance into the subject areas in accordance with § § 13k, 13p and 21. "

17. In Section 22 (2), the word order shall be "by means of the forms forwarded to it by the holiday and terminal office" is deleted.

18. According to Article 22 (1), the following paragraph 1a is inserted:

"(1a) In part-time employment of the employer, he shall report the extent and situation of working time, including any changes to the holiday and terminal box office."

19. In accordance with section 22 (2), the following paragraph 2a is inserted:

"(2a) The employer shall immediately report any termination of the employment relationship to the holiday and deferment fund."

20. In § 24, the point at the end of the Z 3 is replaced by an attic. In addition, the following Z 4 and 5 are added:

" 4.

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

5.

Employment weeks according to § 13l (1) (1) (1), which can act as a reason for the receipt of bridging benefits. "

21. In accordance with § 31 (1), the following paragraph 1a is inserted:

" (1a) The competent institutions of the pension insurance are obliged to pay the leave and settlement payment for the purpose of checking the conditions for the granting of bridging fees in accordance with § 13l or the bridging settlement according to § 13m and the To ensure the financial cover for an extension of the claims in accordance with § 13l (2) to (4) by means of a regulation pursuant to Section 13l (6) with regard to employees who fall within the scope of this Act and which are the 50. In the course of the year, the Austrian Social Security Institutions (Hauptverband der Austrian Sozialversicherbearer) have reached the age of life (§ 31 paragraph 4 Z 3 lit. (b ASVG) shall notify all periods of insurance to be considered for the purpose of examining the conditions of eligibility for an age-related pension. "

22. § 31 (4) the following sentence is added:

"This authorisation and the right of inquiry shall also be granted to the competent health insurance institutions for the purpose of the examination of the contribution."

The following sentence shall be added to section 33f (2):

"The claim shall be forgiven if the employee has not consumed the holiday by 31 March of the third following year after the calendar year in which the holiday entitlement was incurred."

The following paragraphs shall be added to Article 40:

" (25) § 13a (5), § 13k Paragraph 4, § 13l (1) to (4) and (6) to (9), § 13m bis § 13p, § 21a (3), § 21b, § 22 (1a) and (2a) and § 31 (1a) and (4) in the version of the Federal Law BGBl. I n ° 137/2013 will be 1. Jänner 2014 in force. Section 13l (5) enters into force with 1. Jänner 2017 in force. Benefits in accordance with § § 13l and 13m fees from 1. Jänner 2015. The bridging settlement according to § 13m is due to employees or for workers from the birth year of 1957. The surcharge in accordance with § 13o amounts to 0.8 times the collective contractual hourly wage for a calendar week (employment week) in 2014.

(26) § 9 (1) and (3) to (5) shall enter into force on 1 November 2014. § 5 lit. b, § 7 para. 2 and 6, § 8 para. 2, § 9 para. 2, § 10 para. 1and 1a, § 11, § 13j para. 2, § 21a para. 2, § 24 Z 4 and 5 as well as § 33f paragraph 2 in the version of the Federal Law BGBl. I n ° 137/2013 will be 1. Jänner 2015 in force. Section 7 (5) and (5a) shall expire at the end of 31 December 2014. "

Article 2

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. In § 8 (1), the point at the end of Z 4 shall be replaced by a line-point; the following Z 5 shall be added:

" 5.

in the sickness and pension insurance, the recipients of a bridging allowance according to § 13l of the Construction Workers ' Leave and Departure Act. "

2. In § 36 (1), the point at the end of Z 19 shall be replaced by a line-point; the following Z 20 shall be added:

" 20.

for those who are insured pursuant to § 8 (1) (5) of the German Civil Society (5) (5), a bridging allowance of the construction workers ' holiday and deferment terminal. "

(3) In § 44 (1), the point at the end of Z 19 shall be replaced by a reticle; the following Z 20 shall be inserted:

" 20.

in the case of compulsory insured persons under § 8 (1) (5) (5), the bridging allowance. "

(4) In § 52, the following paragraph 3a is inserted:

" (3a) For partial insured persons in accordance with Section 8 (1) (5), the contributions shall be calculated with the same percentage of the contribution basis (Section 44 (1) (20)) as defined in § 51 (1) (1) (1) (1) (1) (1) (1). b or Z 3; these contributions are to be borne entirely by the construction workers ' holiday and terminal equipment. "

5. In § 138 (2), the point at the end of the lit. g replaced by a stroke; the following lit. h is added:

" h)

which according to § 8 (1) Z 5 partial insured persons. "

6. In § 162 (5) Z 1 the expression " § 138 para. 2 lit. a to e " by the expression " § 138 para. 2 lit. a to e and h " replaced.

7. In accordance with § 678, the following § 679 shall be added together with the heading:

Final provisions on Art. 2 of the Federal Law BGBl. I No 137/2013

§ 679. (1) § § 8 (1) Z 4 and 5, 36 (1) Z 19 and 20, 44 (1) Z 19 and 20, 52 (3a), 138 (2) (lit). g and h as well as 162 para. 5 Z 1 in the version of the Federal Law BGBl. I n ° 137/2013 will be 1. Jänner 2014 in force.

(2) The pension insurance institution shall pay an amount of EUR 6.5 million to the construction workers ' holiday and terminal office on 1 June 2014. The pension insurance institution shall be responsible for: 1. Jänner of each year, first on 1. January 2015, an amount of EUR 13 million, to the extent that at least 1 700 persons a year a request for the grant of bridging allowance according to § 13l of the Construction Workers ' Holiday and Abortion Act or for the granting of a Bridging the gap in case of non-use of bridging allowances according to § 13m of the Construction Workers ' Holiday and Departure Act. If fewer applications are made, the aliquot should be part of this amount. The amount from the year 2015 is to be paid in the months of January, June, September and October as prepayment in each case in the amount of one quarter of the total amount. The difference between the advance payment and the settlement on the basis of the applications actually made shall be offset with the next subsequent advance payment. "

Article 3

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 81/2013, shall be amended as follows:

1. In § 16 (1), the point at the end of the lit. p replaced by a dash and the following lit. q is added:

" (q)

the cover of bridging allowances in accordance with § 13l of the Construction Workers ' Leave and Departure Act. "

(2) The following paragraph 137 is added to § 79:

" (137) § 16 para. 1 lit. p and q in the version of the Federal Law BGBl. I n ° 137/2013 is 1. Jänner 2015 in force. "

Article 4

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I No 67/2013, shall be amended as follows:

(1) The following paragraph 52 is added to § 10:

" (52) § 17 together with the title in the version of the Federal Law BGBl. I n ° 137/2013 will enter into force on 1 July 2013. "

2. § 17 together with the title is:

" Special resolutions on the resolution levy

§ 17. (1) In the event of an employment relationship subject to unemployment insurance termination, the employer shall not be required to provide a levy in accordance with § 2b if the undertaking (the undertaking) with regard to the employee concerned is in accordance with § 2 of the construction worker's holiday and The Management Act (BUAG) is subject to the subject matter of the holiday scheme and has paid the surcharges fixed for this employee in accordance with § 21 of the BUAG pursuant to § 21a BUAG. The construction workers ' holiday and terminal box office has to pay flat-rate detours to the assigned labour market policy as a substitute for the charges thus lost.

(2) Half of the revenue from the lump-sum payments referred to in paragraph 1 shall be supplied to the labour market in accordance with Section 50 of the AMSG and shall be used for aid to enterprises to promote the employment of older persons.

(3) The flat-rate payment for the first half of 2013 amounts to EUR 4.8 million. € and is to be paid by 30 June 2013 at the latest.

(4) The flat-rate payment for the second half of 2013 amounts to € 8.2 million. € and is up to 31. October 2013.

(5) In the months of March, June, September and October, the flat-rate disbursement from 2014 shall be paid in advance in each case in the amount of one quarter of the total amount of the previous year. The difference between the advance payment and the settlement on the basis of the actual terminations to be paid shall be charged against the next subsequent advance payment. "

Fischer

Faymann