Declaration Of The Collective Agreement For The Workers And Employees Of Private Educational Institutions To The Articles Of Association

Original Language Title: Erklärung des Kollektivvertrages für die Arbeitnehmerinnen und Arbeitnehmer der privaten Bildungseinrichtungen zur Satzung

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174. Regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, of the collective agreement for the workers and employees of private educational institutions to the Statute is explained

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with article 18, paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. 71/2013 empowered, at the request of a collective agreement enabled Corporation who is party to a collective agreement to grant legally binding effect this collective agreement by declaration to the Statute also beyond its spatial, technical and personal effects when the conditions specified in paragraph 3.

The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection has adopted the following statutes by order of 6 June 2013 to hold a Senate hearing:

Articles of the collective agreement for workers and employees of private schools

S 5/2013/XXIII/97/1

Scope of the Statute

§ 1. The Statute applies to a) subject: institutions, principally intended for external vocational adult education is, as far as they are regarded by labour-market regulations or federal or national eligibility rules as the professional-oriented external adult education institutions.

              Public entities are excluded.

(b) space: Republic of Austria.

(c) personally: All employers within the professional scope and the workers employed by this employer-seekers and apprentices, provided that their working conditions through a valid collective agreement (except collective agreements pursuant to § 18 para 4 ArbVG) or are covered by a service law of an entity of public law.

(Ferial-) trainee migrants and volunteers/volunteers - labour workers-seekers, who are employed in measures after sozialhilfe - and disabled legal provisions of the Federation or of the countries - are excluded. Volunteer is who holds up in the short term only for educational purposes in a facility; a small remuneration does not preclude a trainee. (Ferial-) Intern is who is committed within the framework of a school or university education or a University of applied sciences or of course a measure based on a curriculum, a curriculum or a training concept to demonstrate practical activities.

As far as the present Statute Declaration refers to sections 8, 11, 12 and 13 of the collective agreement listed in section 2, it applies only to workers within the meaning of § 36 Arbeitsverfasssungsgesetz.

For workers who are as participants a labour market policy measures with the aim of reintegration into the labour market advice, support and training (transitional workers), the present Statute statement, insofar as it relates to the following provisions of the collective agreement listed in section 2 applies: article 4, paragraph 1, 2, 4 and 6, § 5 par. 1 and 3, § 11 para 1 to 3 and 6 to 8 , § 12, § 13, § 15 para 2 lit. a, § 16 para 3 to 6, § 19 para 2 to 5, section 20, section 21, section 22, paragraph 2, article 23, § 25, § 29 par. 2, § 30.


Content of the articles of Association § 2.

1 the between the Association of employers and employers of private educational institutions (BABE) and the Austrian Trade Union Federation, Union of private employees, printing, journalism, paper and Union VIDA, collective agreement for workers and employees of private schools (as of May 1, 2013) at the Federal Ministry for labour, Social Affairs and consumer protection under register number KV 218/2013 deposited in the "Official Gazette of the Wiener newspaper" made manifest by 23 May 2013 , explains to the articles of Association.

2. of the Statute declaration below mentioned collective agreement are excluded: - articles 1 and 2 - article 31 - paragraph 34 with the exception of the last paragraph - annexes B and C - paragraph 2 of the commentary to article 15 in Appendix D.

3. to the extent that is placed in the specified collective agreement on its entry into force with 1 may 2013, will this reference by a reference to the entry into force of the Statute (§ 3 para 1) replaced.


Beginning of the effectiveness and validity of the Statute

3. (1) effective beginning of the Statute is the 1 may 2013 set. The validity of the Statute depends on the validity of the gesatzten collective agreement.

(2) in-house made increases the wages or salaries that have occurred because of the entry into force of the present collective agreement as of May 1, 2013 until the enactment of the statute can be applied on the is salary increase which is made by the articles of Association statement.