Amendment Of The Equal Treatment Act, The Law On The Equal Treatment Commission And The Equal Treatment Of Prosecutor's Office, The Disabled Setting Act, Of Federal Behindertengleichstel...

Original Language Title: Änderung des Gleichbehandlungsgesetzes, des Gesetzes über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft, des Behinderteneinstellungsgesetzes, des Bundes-Behindertengleichstel...

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107. Federal Law, with which the Equal Treatment Act, the Law on the Equal Treatment Commission and the Equal Treatment Prosecution, the Disabled Persons Act, the Federal Disability Equality Act and the Act of Equal Treatment Labour Contract Law Adaptation Act

The National Council has decided:

Article 1

Amendment of the Equal Treatment Act

The Equal Treatment Act-GlBG, BGBl. I n ° 66/2004, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. In the table of contents, after the line " § 62. Secondary intervention " the line " § 62a. Dialogue with non-governmental organisations " inserted.

2. § 1 (1) (2) and 16 (1) (2) (2) are:

" 2.

all forms and all levels of vocational guidance, vocational training, continuing vocational training and retraining, including practical professional experience; "

3. § 1 (1) (4) and 16 (1) (4) (4) are:

" 4.

the establishment, establishment or extension of a company, and the inclusion or extension of any other type of independent activity, "

4. In § § 3 and 4, the word order shall be "marital or marital status" through the phrase "Family status or the circumstance of whether someone has children," replaced.

5. § 4 Z 1 and § 18 Z 1 are:

" 1.

in the case of vocational guidance, vocational training, continuing vocational training and retraining outside of an employment relationship, "

6. § 4 Z 3 and § 18 Z 3 are:

" 3.

the establishment, establishment or extension of an undertaking and the inclusion or extension of any other type of self-employed activity. "

7. § 9 (2) and 23 (2) shall be added in each case the following sentences:

" This applies mutatis mutually to employment contracts in economic areas where there is no collective agreement or fee regulated by law or other norms of collective redress, with the exception of employees according to § 10 (2). Z 2 Workers ' Chamber Act 1992, BGBl. N ° 626/1991. The vacancy notice shall indicate the remuneration to be used as the minimum basis for the contract negotiations to reach agreement on pay. "

8. In Section 10 (1), the phrase "the lawyer for equal treatment of women and men in the working world or a regional lawyer" by "des/the lawyer for equal treatment of women and men in the working world or the regional lawyer/regional lawyer" replaced.

9. In Section 10 (2) and (3), the word order shall be "the lawyer for equal treatment of women and men in the working world or a regional lawyer" by "des/the lawyer for equal treatment of women and men in the working world or the regional lawyer/regional lawyer" replaced.

10. § 10 (4) reads:

" (4) In an administrative criminal proceedings initiated at the request of the lawyer/lawyer for equal treatment of women and men in the working world or the regional lawyer/regional lawyer, this party shall be subject to a breach of § 9. The lawyer/lawyer or the regional lawyer/regional lawyer shall have the right to complain about charges and objection to criminal proceedings. "

11. § 12 and § 26 the following paragraph 14 is added in each case:

" (14) The amount of compensation for the personal impairment suffered shall be such as to ensure that the impairment is effectively and effectively balanced and that the compensation of the impairment suffered is proportionate and Discrimination is prevented. "

12. § 15 para. 1 third sentence reads:

"Claims pursuant to section 12 (11) for sex-related harassment shall be filed within a year, claims pursuant to section 12 (11) for sexual harassment shall be brought to court within three years."

13. § 15 (2) reads:

" (2) The application of an application for examination of the breach of the equal treatment offer or an amalgous action by the Commission to examine the violation of the equal treatment offer will result in the suspension of the time limits for judicial proceedings. Assertion. "

14. In § 24 (1) to (3) the word order shall be "or a regional representative/regional representative" through the phrase "or the Regional Attorney/Regional Attorney" replaced.

15. § 24 (4) reads:

" (4) In a lawyer for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world or in the working world, at the request of the lawyer/lawyer Regionalanwalts/Regionalanwältin initiated administrative criminal proceedings is this party. The lawyer/lawyer or the regional lawyer/regional lawyer shall have the right to complain about charges and objection to criminal proceedings. "

16. In § 31 (1), the term " "Gender" the phrase " , in particular with reference to family status or whether or not a child has children, " inserted.

17. In § 37 (1), the term " "Areas" the phrase "or the Regional Attorney/Regional Attorney" inserted.

18. § 37 (2) reads:

" (2) In an administrative criminal proceedings initiated at the request of the lawyer/lawyer for equal treatment without distinction of sex or ethnicity in other fields or the regional lawyer/regional lawyer because of violation of § 36, this lawyer/lawyer or this regional counsel/regional lawyer is party. This lawyer/lawyer or this regional lawyer/regional lawyer shall have the right to complain about charges and objection to criminal proceedings. "

Section 38 (4) reads as follows:

" (4) The application of an application for examination of the breach of the equal treatment offer or an amalgous action by the Commission to examine the violation of the equal treatment offer will result in the suspension of the time-limits for judicial proceedings. Assertion. "

20. In § 38 (6), the word "Federal Social Office" by " Federal Office of Social Affairs and the Disabled " replaced.

Section 38 is added to the following paragraph 7:

" (7) The amount of compensation for the personal impairment suffered shall be such as to ensure that the impairment is effectively and effectively balanced and that the compensation of the impairment suffered is proportionate and Discrimination is prevented. "

22. ( Principle specification ) In Section 43 (1), the word order shall be "marriage and marital status," through the phrase "Family status or the circumstance of whether someone has children," replaced.

23. ( Principle specification ) Section 49 (4) is added to the following sentence:

"§ 9 (2) penultimate sentence and last sentence shall apply mutatily."

24. ( Principle specification ) Section 51 shall be added to the following paragraph 11:

" (11) The amount of compensation for the personal impairment suffered shall be such as to ensure that the impairment is effectively and effectively balanced and that the compensation of the impairment suffered is proportionate and Discrimination is prevented. "

25. In § 62, the name shall be: "The Association for the Enforcement of the Rights of Discrimination victims" by "Klagsverband zur enforcement der Rights of Discrimination victims" replaced.

26. In accordance with § 62, the following § 62a shall be inserted with the title:

" Dialogue with non-governmental organisations

§ 62a. At least once a year, the Federal Chancellor has a dialogue with non-governmental organisations whose aim is to combat discrimination within the meaning of this law and to ensure that the principle of equal treatment is respected. "

Section 63 is added to the following paragraph 8:

" (8) The table of contents, § 1 para. 1, Z 2 and 4, § 3, § 4, § 9 para. 2, § 10, § 12 para. 14, § 15 para. 1 and 2, § 16 para. 1 Z 2 and 4, § 18 Z 1 and 3, § 23 para. 2, § 24 para. 1 to 4, § 26 para. 14, § 31 para. 1, § 37, § 38 para. 4, 6 and 7, § 43 paragraph 1, § 49 Paragraph 4, last sentence, § 51 para. 11, § 62, § 62a as well as § 64 paragraph 1 Z 1 and 2a in the version of the Federal Law BGBl. I No 107/2013 will enter into force on 1 August 2013. The laws of execution relating to § 43 (1), § 49 (4), last sentence, and § 51 (11) shall be issued within six months of the day following the day of the customer's proclamation. "

Section 64 (1) Z 1 reads as follows:

" 1.

With regard to § § 14, 28 and 40 of the Federal Minister responsible for the funding, "

29. In § 64 (1) the following Z 2a is inserted after Z 2:

" 2a.

With regard to § 62a of the Federal Chancellor, "

Article 2

Amendment of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution

The Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution-GBK/GAW Act, BGBl. No. 108/1979, as last amended by the Federal Law BGBl. I No 7/2011, is amended as follows:

1. § 2 (2) to (4) are:

" (2) To be members of the Senate I as other members:

1.

a member who shall be sent by the Austrian Chamber of Commerce;

2.

a member who shall be sent by the Federal Chamber of Workers and Employees;

3.

a member who shall be sent by the Association of the Austrian Industry;

4.

a member who shall be sent by the Austrian Trade Union Confederation;

5.

a member appointed by the Federal Chancellors;

6.

a member who is appointed by the Federal Minister for Labour, Social Affairs and Consumer Protection.

(3) The Senat II should be included as additional members:

1.

a member who shall be sent by the Austrian Chamber of Commerce;

2.

a member who shall be sent by the Federal Chamber of Workers and Employees;

3.

a member who shall be sent by the Association of the Austrian Industry;

4.

a member who shall be sent by the Austrian Trade Union Confederation;

5.

a member appointed by the Federal Chancellors;

6.

a member who is appointed by the Federal Minister for Labour, Social Affairs and Consumer Protection.

(4) To be members of the Senate III as additional members:

1.

a member who shall be sent by the Austrian Chamber of Commerce;

2.

a member who shall be sent by the Federal Chamber of Workers and Employees;

3.

a member of the Federal Chancellor is ordered,

4.

a member appointed by the Federal Minister for Economic Affairs, the Family and Youth,

5.

a member appointed by the Federal Minister for Justice,

6.

a member who is appointed by the Federal Minister for Labour, Social Affairs and Consumer Protection. "

2. In § 2 (9), the first two sentences are replaced by the following sentence:

"At least 50% women are to be taken into account in the posting of members and replacement members."

§ § § 3 to 5 and the headline are:

" Office for Equal Treatment

§ 3. (1) The Federal Chancellery is to establish a Bar for Equal Treatment (Equal Treatment Prosecution-GAW).

(2) The Office for Equal Treatment shall consist of:

1.

The lawyer/attorney

a.

for equal treatment of women and men in the world of work (Part I GlBG);

b.

for equal treatment without distinction of ethnicity, religion or belief, age or sexual orientation in the working world (Part II GlBG);

c.

for equal treatment without distinction of sex or ethnicity in other areas (Part III, 1. Section GlBG);

2.

the required number of other lawyers in accordance with Z 1;

3.

the regional lawyers (§ 4);

4.

of the required number of employees.

(3) The members of the Office for Equal Treatment (paragraph 1) 2 (2) Z 1 to 3) are free of instructions, independent and independent in the exercise of their duties.

(4) The members of the Office for Equal Treatment shall be ordered by the Federal Chancellery to be ordered after hearing the representations of interest groups entitled to the Equal Treatment Commission. The Federal Chancellor has to entrust the Federal Government with these functions. The Federal Chancellor has to entrust a respective one of the lawyers appointed for the areas referred to in paragraph 2 (1) (1) with the coordination of this area. The lawyer/lawyer responsible for the coordination of the area of equal treatment of women and men in the working world has to coordinate the overall activity of the Office for Equal Treatment.

(5) The functions according to paragraph 2 Z 1 to 3 rest

1.

from the initiation of disciplinary proceedings until the final conclusion of the disciplinary proceedings and

2.

during the period

a)

the exercise of a different function in the Office of Equal Treatment, with the rest being related to the function previously exercised,

b)

the suspension,

c)

the non-service position,

d)

a period of grace or a holiday of more than three months; and

e)

the performance of the presence or training or civil service.

(6) The functions referred to in paragraph 2 (1) to (3) shall end

1.

with the final imposition of a disciplinary penalty,

2.

with the movement abroad,

3.

with the translation into another service,

4.

with the withdrawal from the Federal Service,

5.

by surrender,

6.

With a 36-month karenzing.

(7) The Federal Chancellor has to contain a member of the Office for Equal Treatment of his function, if:

1.

for health reasons the Office is no longer able to exercise or

2.

has grossly violated or permanently neglected the official duties he has been subject to.

(8) The Federal Chancellor is entitled to inform himself of all matters relating to the management of the Office of the Prosecutor for Equal Treatment. The Office for Equal Treatment is obliged to provide the information requested by the Federal Chancellors.

Regional offices

§ 4. (1) If it is necessary to improve the consultation and support of persons in matters of equal treatment within the meaning of the GlBG, the Federal Chancellor may, by means of a regulation in the Länder, regional offices of the Office for Equal Treatment Establish and establish regional lawyers for those in § 3 paragraph 2 Z 1 lit. Order a to c. The Regulation provides for the definition of the local and factual scope of a regional office. If several regional attorneys have been appointed for a regional office, then one of them is to be entrusted with the coordination of the regional office.

(2) As far as tasks as well as rights and duties of lawyers/lawyers are regulated in this law or in the GlBG, these provisions shall also apply to regional lawyers/regional lawyers in their sphere of action.

Duties of the Office for Equal Treatment

§ 5. (1) The members of the Office for Equal Treatment are competent in their legal sphere of action for the advice and support of persons who feel discriminated against in the sense of the GlBG. For this purpose, the attorneys can hold office hours and office days.

(2) The Office for Equal Treatment may carry out independent investigations into the subject of discrimination, publish independent reports and make recommendations on all issues affecting discrimination.

(3) A lawyer or a lawyer shall be entitled to attend the meetings of the Senate of the Equal Treatment Commission and its working committees. He/she shall be given the floor on request.

(4) The attorney/lawyer may, if necessary, ask the employer or the other person responsible for the delivery of a written statement on the basis of a alleged violation of the equal treatment offer. It may also obtain further information from the employer, the works council or the employees of the company concerned, or from other persons responsible or other persons of information. They are obliged to provide the attorney/attorney with the information necessary for the performance of his/her duties.

(5) In the case of a lawyer/lawyer responsible for Part I GlBG or for Part II who is responsible for non-compliance with the equal treatment offer in accordance with § 3 (2) or § 17 (1) (2) of the GlBG, he/she may provide information on the social security institutions eligible for the application. the basis for social insurance contributions as well as the contribution basis according to the company employee and self-employment pension law-BMSVG, BGBl. I n ° 100/2002, by persons whose income is strictly necessary in order to decide on the suspected breach of the equal treatment offer. The attorney/lawyer has to announce his name, date of birth and insurance number of the persons concerned and the names of the employers of the persons concerned. The eligible social security institutions shall be obliged to provide the attorney/attorney with the information necessary for the performance of his/her duties. The eligible institutions of the social security system shall not be liable for any disadvantages arising from the fulfilment of their obligations to provide information as a result of the incompleteness or inaccuracies of the data contained in their installations. The attorney/lawyer is obliged to keep secrecy about this data, which has become known to him/her in the context of the exchange of information. As an exception to this, the lawyer/lawyer may disclose to him/her data in an anonymized form to him/her in an anonymized form to the person affected by the alleged discrimination, if the person concerned is the person who is discriminated against by the discrimination the person concerned is able to pursue discrimination.

(6) If the attorney/lawyer suspects the non-compliance with the equal treatment offer and makes the alleged circumstances credible to the Senate, the Senate has to initiate proceedings in accordance with § 11 or § 12. The Senate has to deal with such a case in its next meeting, but no later than within one month. If the decision of the senate in a case presented by the lawyer/lawyer does not cover the opinion of the senate, § 12 paragraph 5 shall apply.

(7) The senate may commission the attorney/lawyer with the execution of the investigative activity. On behalf of the Senate, the attorney/attorney can enter the company's premises and inspect the documents of the companies. On request, you can make your copies or copies of these documents or extracts thereof available to you. The attorney/lawyer according to § 3 paragraph 2 Z 1 lit. a and b shall use the works council for participation in his/her investigative work. Prior to the visit, he/she shall inform the employer/s in such a timely manner that he/she or any person he/she has made known to him/her may participate in the survey. "

4. § § 6 and 7 together with the title shall be deleted.

5. In § 10 para. 1 and in § 12 para. 2 the citation shall be "14 (4)" by quoting "14 (4a)" replaced.

6. In § § 11 (1) and (12) (1) (1) the term of the word shall be "at the request of the lawyer for equal treatment of women and men in the working world, a regional lawyer, the lawyer/lawyer for equal treatment in accordance with § 5 or § 6, of a regional representative/regional representative" through the phrase "at the request of the attorney/lawyer (§ 3 para. 2)" replaced.

7. § 12 (5) reads:

" (5) In a procedure initiated at the request of the lawyer/lawyer, the right of appeal pursuant to paragraph 4 shall also apply to that lawyer, the action being only with the consent of the employee/employee or the person concerned. may be introduced. "

8. § 12 (7) reads:

" (7) Individual examination results of the Senate are to be completed and delivered within three months of the decision-making process. One of the information provided by the management (Section 14 (5)) of the proceedings concerning the outcome of the proceedings does not terminate the suspension of the time-limits for judicial enforcement (§ § 15 para. 3, 29 (3) and 38 (5) GlBG). The individual case examination results are to be published in an anonymized form in full text on the website of the Federal Chancellery for free, provided that no conclusions can be drawn on individual cases. "

9. In Section 13 (1), the word order shall be deleted "the lawyer for the equal treatment of women and men in the working world or the lawyer/lawyer for equal treatment in accordance with § 5 or § 6," .

Section 13 (4) reads as follows:

" (4) If the employer or the employer is presumed to be responsible for the obligation under (1) and (2), he/she does not or does not comply sufficiently with the obligation to improve the report by the employer/employer. , the Commission has to publish this fact on the homepage of the Federal Chancellery. In the call for improvement, the employer/employer must point out that the obligation to report this circumstance is published on the homepage of the Federal Chancellery in case of non-performance or insufficient fulfilment of the obligation to report the report. "

11. § 14 (1) second sentence reads:

"A convocation of the senate shall also be effected if this requires more than a third of the members or the attorney/lawyer."

12. In § 14, the following paragraph 3a is inserted after paragraph 3:

" (3a) The chairman shall ask the person concerned by a discrimination and the person against which the request is directed to ask before the interview whether there is a willingness to find a mutually agreed solution to the conflict, and, if necessary, to: to work with them. "

13. § 14 (4) reads:

" (4) The senate's meetings are not public. If the subject-matter of the proceedings is a claimed (sexual) harassment, then the interviews of the person affected by the (sexual) harassment and the person against which the application is directed shall be carried out separately, unless the person concerned is one of the following: a joint survey requested by the two sides. These persons shall be informed of this right to apply. "

14. § 14 (4a) second sentence reads:

"The chairman shall comply with the request of more than one third of the members or the attorney/lawyer."

15. § 15 (2) and (3) are:

" (2) Each committee shall consist of three members. The Chair of the Senate or a member of the Chairperson (substitute member), who is the staff member of the Federal Government, shall be chaired by the Chairman of the Senate. The remaining members are to be found by the Chairman of the Senate from the circle of the members or substitute members of the representations of interest represented in the respective Senate.

(3) § 14 shall apply mutatily to the management of the committees. "

16. § 21, the following para. 12 and 13 are added:

" (12) § 3 bis § 5 including transcripts, § 10 para. 1, § 11 para. 1, § 12 para. 1, 2, 5 and 7, § 13 para. 1 and 4, § 14 para. 1 second sentence, para. 3a, 4 and 4a second sentence, § 15 para. 2 and 3 as well as § 22 in the version of the Federal Law BGBl. I No 107/2013 will enter into force on 1 August 2013. § § 6 and 7 together with transcripts shall expire on 31 July 2013. Among regional representatives according to § 3 paragraph 1 Z 4, in the version of the Federal Law BGBl. I n ° 7/2011 are the regional lawyers according to § 3 paragraph 2 Z 3 in the version of the Federal Law BGBl (Federal Law Gazette) as of 1 August 2013. I No 107/2013. Under § 3 (1) Z 5 in the version of the Federal Law BGBl. I n ° 7/2011 are the further attorneys in accordance with § 3 paragraph 2 Z 2 as amended by the Federal Law BGBl. I No 107/2013. Section 14 (3) and (4) in the version of the Federal Law BGBl (Federal Law Gazette). I No 107/2013 will apply to proceedings before the Equal Treatment Commission, where the application is made after 31 July 2013. In the case of proceedings before the Equal Treatment Commission, in respect of which the application is submitted before 1 August 2013, Section 14 (3) and (4) shall apply in the version currently in force.

(13) § 2 (2) to (4) and (9) shall enter into force 1. Jänner 2014 in force. With this date, the members of the Equal Treatment Commission shall be re-ordered for the remainder of the current operating period until 30 June 2016. "

17. § 22 reads:

" § 22. With regard to § § 5 (6), last sentence and 12 para. 4 and 5 of the Federal Minister for Justice, with regard to § 24 of the Federal Chancellor (s) in agreement with the Federal Minister for Labour, the enforcement of this Federal Act is Social and consumer protection, incidentally, the Federal Chancellor is responsible. "

Article 3

Amendment of the Disabled Persons Act

The disability account law-BEinstG, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I No 72/2013, shall be amended as follows:

1. § 7a (1) Z 2 reads:

" 2.

all forms and all levels of vocational guidance, vocational training, continuing vocational training and retraining, including practical professional experience, "

2. In § 7a (1) Z 4 and § 7n, the expression "Conditions for access to self-employment" by the expression "the establishment, establishment or extension of a company, and the inclusion or extension of any other type of independent activity" replaced.

§ 7b (1) Z 8 reads as follows:

" 8.

in the case of vocational guidance, vocational training, continuing vocational training and retraining outside of a service relationship, "

4. In § 7b (1) Z 10, the term " "in the conditions of access to self-employment" by the expression 'in the establishment, establishment or extension of a company and the inclusion or extension of any other type of independent activity' replaced.

5. § 7d together with the headline is:

" Harassment

§ 7d. (1) Discrimination shall also be subject to discrimination if a person

1.

is harassed by the service provider itself,

2.

shall be discriminated against by the service provider in that it culpably leaves it liable, in the event of harassment by a third party, to comply with legal provisions, standards of collective redress or the employment contract To remedy the situation

3.

is being harassed by third parties in connection with his/her service; or

4.

is being harassed by third parties outside of a service.

(2) harassment shall be the case if an undesirable behaviour is set in connection with a disability,

1.

which violates or aims at the dignity of the person concerned,

2.

which is undesirable, inappropriate or offensive to the person concerned, and

3.

which creates or is intended to create an intimidating, hostile, disgraceful, offensive or humiliating environment for the person concerned.

(3) Discrimination is also

1.

in the case of a person's harassment statement,

2.

if the denial or culpation of harassment by the person harassed is made on the basis of a decision affecting that person,

3.

if a person is harassed to a person on account of their disability due to their close-up. "

6. In Section 7f (3), the expression "for which § 8 applies" by the expression "for Section 8 (2) applies" replaced.

7. In § 7g (3) the expression "In-company training and further training" by the expression "In-company training and re-education and retraining measures" replaced.

8. § 7j reads:

" § 7j. The amount of compensation for the personal impairment suffered shall be such as to ensure that the impairment is effectively and effectively balanced and that the compensation of the impairment suffered is proportionate and Discrimination is prevented. In particular, the duration of discrimination, the seriousness of any debt, the relevance of the impairment and multiple discrimination must be taken into consideration. "

9. § 25 the following paragraph 18 is added:

" (18) § § 7a (1), (2) and (4), 7b (1) Z 8 and 10, 7d, 7f (3), 7g (3), 7j and 7n in the version of the Federal Law BGBl. I n ° 107/2013 will enter into force on 1 August 2013. "

Article 4

Amendment of the Federal Disability Equality Act

The Federal Disability Equality Act-BGStG, BGBl. No 82/2005, as last amended by the Federal Law Gazette (BGBl). I No 7/2011, is amended as follows:

1. § 5 (3) to (5) are:

" (3) Discrimination is also before a person's instruction to discriminate against the grounds of disability.

(4) Discrimination shall also be subject to discrimination. harassment is available if an undesirable behaviour is set in connection with a disability,

1.

which violates or aims at the dignity of the person concerned,

2.

which is undesirable, inappropriate or offensive to the person concerned, and

3.

which creates or is intended to create an intimidating, hostile, disgraceful, offensive or humiliating environment for the person concerned.

(5) Discrimination is also

1.

in the case of a person's harassment statement,

2.

if the denial or culpation of harassment by the person harassed is made on the basis of a decision affecting that person,

3.

if a person is harassed to a person on account of their disability due to their close-up. "

2. § 8 is added to the following paragraph 4:

" (4) The Federal Minister At least once a year the Federal Minister for Labour, Social Affairs and Consumer Protection conducts a dialogue with non-governmental organisations whose aim is to discriminate within the meaning of this Federal Law, as well as § § 7a to 7q of the German Federal Ministry of Labour, Social Affairs and Consumer Protection. Disability employment law, BGBl. N ° 22/1970, to combat and promote equality between people with disabilities. "

3. In § 9 (2), the expression "§ 5 (3)" by the expression "§ 5 (4)" replaced.

4. § 9 (4) reads:

" (4) The amount of compensation for the personal impairment suffered shall be such as to ensure that the impairment is effectively and effectively balanced and that the compensation of the impairment suffered is appropriate, and Discrimination is prevented. In particular, the duration of discrimination, the seriousness of the debt, the relevance of the impairment and multiple discrimination must be taken into consideration. "

5. In accordance with section 19 (1d) the following paragraph 1e is inserted:

" (1e) § 5 para. 3 to 5, § 8 para. 4, § 9 para. 2 and 4 and § 20 Z 1 in the version of the Federal Law BGBl. I n ° 107/2013 will enter into force on 1 August 2013. "

6. In § 20 Z 1, the expression "§ 8" by the expression "§ 8 (1) to (3)" replaced.

Article 5

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 71/2013, shall be amended as follows:

1. § 14a (8).

Fischer

Faymann