Amendment To The Federal Staff Representation Act

Original Language Title: Änderung des Bundes-Personalvertretungsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_82/BGBLA_2013_I_82.html

82. Federal law that modifies the Federal staff representation Act

The National Council has decided:

The Federal staff representation Act, Federal Law Gazette No. 133/1967, amended by Federal Law Gazette I no. 120/2012, is amended as follows:

1. in section 10, paragraph 7, the term "promise Supervisory Commission" is replaced by the term ' staff supervisory authority '.

1a. in article 13, paragraph 2 the phrase "and the Supreme Court"by the phrase", the Supreme Court and the data protection Commission" will be replaced.

1B. In section 13, paragraph 2, the phrase "and the Supreme Court"by the phrase", at the Supreme Court and to the data protection authority" is replaced.

2. in article 20, paragraph 2, the penultimate and the last sentence be replaced by following provision:

"The transferring within three working days to appeal to the competent administrative court is allowed against decisions taken by the Agency Election Committee. This has to decide within six weeks after submission of the complaint. The complaint has no suspensive effect."

3. in article 20, paragraph 13, the phrase is omitted "; the decision of the Central Election Committee may be challenged by no ordinary appeal".

3A. in article 21, paragraph 6 and section 26 para 4 eliminates the last sentence each.

4. in article 22, paragraph 8, the term ' promise Supervisory Commission ' by the term "staff supervisory authority" and the bracket expression "(§ 41 Abs. 1 bis 4) is" by the parenthetical expression "(§ 41 Abs. 1 bis 3)" replaced.

5. in § 23 para 2 lit. (e) is replaced the quote "section 41 paragraph 4" with the quote "section 41 para 2".

6. (constitutional provision) the sections 39 to 41f are:

"Supervision of the staff

Staff supervisory authority

Section 39 (1) at the Federal Chancellery is to establish the staff supervisory authority ('Supervisory authority' hereinafter).

(2) the supervision authority consists of an or a legally qualified Chairman, an or a legally qualified Federal employees of the active state as a representative or representatives of the employer and an or a legally qualified Federal employees of the active state as a representative or agent of service workers and employees.

(3) the Chairman only a character of high general recognition can be ordered personal integrity that has special knowledge of the State administration and the Federal service, as well as or.

(4) the members of the authority shall be appointed by the President or by the Federal President on a proposal from the Federal Government with effect from 1st January of the calendar year for a period of five years. For each Member of the two alternate members shall be appointed, who represent the Member in case of prevention in the order in which they are ordered. Mutatis mutandis, the provisions applicable to the members of the supervisory authority do apply to the substitute members. A new order is allowed.

(5) the Trade Union of public service has to make known the representative or the representative of service workers and employees of the Federal Government. Makes the Union of public service within four weeks after invitation by the Chancellor or the Chancellor who so incumbent service contractor representative or the service representatives not designating the nomination of the Federal Chancellor or the Chancellor.

(6) (constitutional provision) the members of the supervisory authority are free of instruction in the exercise of this Office.

Section 40 (1) members of the supervisory authority officials or civil servants against whom disciplinary proceedings is pending or legally imposed on the a misconduct, may not be ordered.

(2) in addition, employees who are excluded from the passive right to vote pursuant to § 15 para 6, may not be ordered to members of the supervisory authority.

(3) the membership of the supervisory authority rests with the initiation of a disciplinary procedure to its absolute conclusion, the suspension of the service (staff retired), decommissioning and the granting of a leave of more than three months.

(4) the membership of the supervisory authority ends with the expiry of the order, the final imposition of a disciplinary sanction and the transfer abroad. Also, the Member loses his membership of the supervisory authority, if it is excluded from the passive right to vote pursuant to § 15 para 6.

(5) the Federal President or the President has to dismiss a member of the supervisory authority, if it's so, can keep no longer perform his duties for health reasons or has breached the obligations incumbent upon him under this Federal Act.

(6) members of the supervisory authority eliminated the duration of the order, shall, if necessary, to order other supervisory authority members for the remainder of the duration of the order.

Section 41 (1) the supervision authority is overseeing the staff representative bodies, which includes in particular concerns about the legality of the management of organs of the Staff Committee. The supervision is carried out on its own initiative or at the request of a person who claims an illegality of the Executive Board. Notices and regulations of the institutions of the staff are subject to the supervision of not.

(2) the supervision authority is handling their supervision especially entitled to obtain required information from the concerned staff representative bodies, to annul illegal decisions of staff representative bodies and to resolve a personnel representative body if it keeps its obligations. The annulment of the decisions and the resolution of a staff representative body takes place by decision.

(3) the affected staff representative bodies have to provide the requested information the supervisory authority promptly. This information, the confidentiality obligation pursuant to section 26 does not apply.

(4) a body of the staff can complain to the supervisory authority for alleged repeated violations of provisions of this Federal Act within the last year by an organ of the employer. Any such complaint is to check by the supervisor.

(5) complaints are paragraph 4 to bring in the way of the Central Committee. The Central Committee to the view that the complaint is unfounded, concluded he has to consult with the Dienststellen(FACh)Ausschuss. An agreement is reached, the Central Committee has to forward the complaint to the regulatory authority.

(6) the result of the examination referred to in paragraph 4 must be communicated: 1 the affected organs of the Staff Committee, 2. the organ of the employer, whose Verhalten formed the subject of the complaint, 3. the Director or the head of the competent administrative authority (personnel office) and 4 the competent Federal Minister or the competent Federal Minister.

(7) the supervisory authority comes to the view that the body of the employer has violated provisions of this Federal Act repeatedly over the past year, can the Central Committee within six weeks after notification of the result of the inspection by the Director or the Director of the responsible for the supervision over the body of the employer Services Authority (staff Office) a written statement which compared to the body of the employer , whose behavior was the subject of the examination, require measures. In this is to present, 1 what measures were taken in the future a violation of provisions of this Federal Act where as a result of the examination designated area 2. whether and what staff measures to have been taken the responsible body of the employer to avoid, and 3 - if not in accordance with such as 1 or 2 - measures the reasons.

(8) the opinion shall within six weeks after the Central Committee has required them to be. The Central Committee is entitled to refund of the head or available to the head of the competent service authority to the opinion on the available period disciplinary display to the service authority in case of justified suspicion of a breach of duty by the officer concerned of the examination or the officials concerned by the review within six weeks after. A such disciplinary display of of Committee on Central is not allowed if an average view an instruction or exhortation is sufficient and they have a track record has been granted by the superiors or of the superiors of the officer or official. The service authority has disciplinary display of the Central Committee in any case - even if she deems not permitted - to the Chairman or the Chairman of the disciplinary Commission, to forward the disciplinary attorney or the disciplinary prosecutor and the accused or the accused.

Firm shops

section 41a. The firm shops of the supervisory authority shall be from the Chancellor's Office.

Remuneration

Article 41 b. The members of the supervisory authority entitled to compensation of the Reise(Fahrt)auslagen in accordance with the travel fees regulations of the Federal Government. You are also entitled to compensation corresponding to the time and effort, which is to be set by the Chancellor or the Chancellor.

Rules of procedure

§ 41c. (1) on the regulatory procedure in accordance with § 41 para 1 to 3, the AVG is to apply.


(2) the supervision authority may obtain information by the organs of central authorities appointed objectively for the treatment of the matter and the competent Central Committee in the cases of § 10 section 7 and § 41 para 4 to determine of the facts of imprest the opinion or complaint and for this purpose download also respondents according to the AVG.

(3) the supervisory authority takes decisions by a majority of votes. An abstention is not permitted.

Senate decisions at the Federal Administrative Court

§ 41d. (1) complaint before the Federal Administrative Court is brought against a decision of the supervisory authority, the decision of the Federal Administrative Court by a Senate has to be carried out.

(2) in the case of Senate decisions referred to in paragraph 1 based on a representative or a representative of the employer and based on a representative or a representative of service workers and employees as competent Laienrichterinnen or lay magistrates have to participate.

(3) the representatives or representatives of the employer are nominated by the Chancellor or the Chancellor.

(4) the representatives or representatives of service workers and employees are nominated by the Union of public service. A nomination is done by the Union public service not on time, so the nomination is the responsibility of the Federal Chancellor or the Chancellor.

(5) staff-legal Laienrichterinnen and lay only legally qualified civil servants with at least five years professional experience in the Federal service may be nominated. Against them no disciplinary action or procedure referred to in article 30, paragraph 1 must be pending Z 5 or 9 of the contract staff Act 1948. Not nominated officials and officials of retirement as a staff legal Laienrichterinnen or lay magistrates.

(6) the Office rests by the time of the initiation of a disciplinary procedure up to the end of its residents during the time of the (provisional) suspension, decommissioning, and the granting of a leave of more than one year. The Office ends with the final imposition of a disciplinary sanction, with the transfer abroad, with the retirement from the Federal service and with the transfer or the transfer to retirement.

Publication of decisions and test results

section 41e. Final decisions, decisions that are not merely procedural conduct and results of the tests referred to in section 41 paragraph 4 are to publish the or the Chairman of the authority immediately in anonymised form in the legal information system of the Federal Government (RIS).

Reports

section 41f. The supervisory authority has to beginning of the year the Federal Chancellor or the Chancellor report on their activities and their perceptions in the previous year concerning 1 the regularity of the management of the institutions of the Staff Committee, and 2. the compliance with the provisions of this Federal Act through the organs of the employer to reimburse. This report is to present the National Council of the Federal Chancellor or the Chancellor in the way of the Federal Government."

7. in § 42 lit. the term "promise Supervisory Commission" is replaced by the term ' staff supervisory authority ' d.

8. after article 42f, the following paragraph is inserted 42 g including headings:

"Transitional provisions to the Act Federal Law Gazette I no. 82/2013"

Continuation of the businesses on the occasion of the establishment of the Handelshof and of the Federal Finance Court

section 42 g. (1) for the rest of the statutory duration of staff representative bodies shall apply from 1 January 2014, that 1.a) the Services Committee set up at the asylum Court on 31 December 2013 as at the Federal Administrative Court for the civil servants and officials of the General administrative service and contract staff, b) of the independent financial Senate on 31 December 2013 furnished Services Committee at the Federal Finance Court for civil servants and officials of the General administrative service and contract staff furnished Services Committee considered and 2nd is the responsibility of a) at the Chancellor's Office of appointed a Central Committee also on the civil servants and officials of the General Administration service and contract staff of the Handelshof, b) extends to the Federal Ministry of Finance of appointed Central Committee also on the civil servants and officials of the General Administration service and contract staff of the Federal Finance Court.

(2) the service committees No. 1 accept responsibilities further referred to in paragraph 1 within its respective sphere with the proviso, that competent Akgün or responsible head of unit 1 in the case of para 1 subpara 1 lit. a the President or the President the Handelshof, and 2. in the case of para 1 subpara 1 lit. b is the President, or the President of the Federal Finance Court."

8A. Article 42 g are following §§ 42 h and 42i along with headings inserted:

"Continuation of the transactions at the data protection Commission

§ 42 h. Services Committee established at the Federal Chancellery on April 30, 2013 also on the civil servants and officials of the General Administration service and contract staff of the data protection Commission has jurisdiction until 31 December 2013.

Continuation of the businesses on the occasion of the establishment of the data protection authority

Article 42i. For the rest of the statutory duration of Services Committee established at the Federal Chancellery on 31 December 2013 also on the civil servants and officials of the General Administration service and contract staff of the data protection authority has jurisdiction."

9. the section 45 be attached following paragraph 33 and 34:

"(33) § 13 para 2 as amended by the Z 1a and article 42 h including heading as amended by Federal Law Gazette I no. 82/2013 contact 1 may 2013 in and at the end of 31 December 2013 override."

(34) section 10 paragraph 7, § 13 para 2 as amended by the Z 1b, section 20 para 2 and 13, § 21 para 6, § 22 para 8, § 23 para 2 lit. e, § 26 para 4, § 39 para 1 to 5 and the sections 40 to 41f including headings, section 42 lit. I no. 82/2013 will take 42 g along with headings and article 42i including heading as amended by Federal Law Gazette d, § 1 January 2014 effect."

10. (constitutional provision) the article 45 35 the following paragraph shall beadded:

(35) (constitutional provision) § 39 para 6 in the version of Federal Law Gazette I 82/2013 is no. 1 January 2014 into force.

Fischer

Faymann