174. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which declares the collective agreement for the employees of private educational institutions on the statute of statutes.

The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 71/2013 authorized, at the request of a collective contractual body, the party of a collective agreement, in the presence of the conditions set out in paragraph 3 above, to this collective agreement by declaration of statutes also outside its the spatial, professional and personal impact of a legally binding effect.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes by decision of 6 June 2013 following the implementation of a senate hearing:

Statutes of the collective agreement for employees of private educational institutions

S 5/2013/XXIII/97/1

Scope of the Statute

§ 1. The Statute shall apply to:

a)		Technical: Institutions whose main purpose is occupational-oriented non-occupational adult education, insofar as they are in accordance with labour market regulations or federal or national regulations as bodies of professional-oriented vocational training out-of-company adult education.
		Excluded are public-sector bodies.
b)		Spatial: Republic of Austria.
c)		Personal: All employers in the technical field as well as the employees and apprentices employed by these employers, provided that their employment relationships are not governed by a valid collective agreement (excluding collective agreements according to § 18 (4) of the ArbVG (ArbVG) or by a service law of a public-law body.
		Excluded are:
-			Employment relationships of employees who are employed in measures according to the social assistance and disability provisions of the Federal and/or the Länder,
-			(Ferial-) Interns/inn/en as well as Volontarian/Volonaries. A person who stays in a facility for training purposes only in the short term is not entitled to a full-time traineeship. (Ferial-) Interns/in is, who is obligated within the framework of a school or university education or a college or a course measure due to a curriculum, a study regulations or a training concept, practical to demonstrate activities.
		Insofar as the present declaration of statutes refers to § § 8, 11, 12 and 13 of the collective agreement referred to in § 2, it applies only to employees within the meaning of Section 36 of the Labour Constitution Act.
		For employees who, as participants in a labour market policy measure with the objective of reintegration into the labour market, are advised, cared for and trained (transit workers), the representational declaration of statutes applies, insofar as it relates to the following provisions of the collective agreement referred to in § 2: § 4 (1), (2), (4) and (6), § 5 (1) and (3), § 11 (1) to (3) and 6 to 8, § 12, § 13, § 15 (2) (a), § 16 (3) to (6), § 19 (2) to (5), § 20, § 21, § 22 Para. 2, § 23, § 25, § 29 (2), § 30.

Content of the Statutes

§ 2.

1.		Signed between the employers ' association of private educational institutions (BABE) and the Austrian Trade Union Confederation, trade union of private employees, pressure, journalism, paper and trade union VIDA,

Collective agreement for employees of private educational institutions (as of 1 May 2013),

		at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 218/2013 and published in the "Official Journal of the Wiener Zeitung" of 23 May 2013,

shall be declared a statute.

2.		The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes:
-			§ § 1 and 2
-			Section 31
-			Section 34 with the exception of the last paragraph
-			Annexes B and C
-			Subsection 2 of the commentary on § 15 of Annex D.
3.		Insofar as the collective agreement referred to in the above-mentioned collective agreement is filed on 1 May 2013, this reference shall be replaced by a reference to the entry into force of the Articles of Association (Section 3 (1)).

Beginning of the effectiveness and duration of the Articles of Association

§ 3. (1) The date of effectiveness of the Articles of Association shall be 1 May 2013. The term of validity of the Articles of Association shall be governed by the period of validity of the Treasury Collective Agreement.

(2) In-company increases in wages or salaries which have taken place on account of the entry into force of the present collective agreement from 1 May 2013 to the date of the release of the articles of association may be based on the actual salary increase resulting from the increase in wages or salaries. The statement of statutes shall be taken into account.

Binder