Amendment To The Federal Staff Representation Act

Original Language Title: Änderung des Bundes-Personalvertretungsgesetzes

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82. Federal Act, with which the Federal Personnel Representation Act is amended

The National Council has decided:

The Federal Personnel Representation Act, BGBl. No. 133/1967, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. In Section 10 (7), the term " "Personnel Representation Supervisory Commission" by the term "Personnel Management Authority" replaced.

1a. In Section 13 (2), the word order shall be "and at the Supreme Court" through the phrase ", at the Supreme Court and at the Data Protection Commission" replaced.

1b. In Section 13 (2), the word order shall be "and at the Supreme Court" through the phrase ", at the Supreme Court and at the Data Protection Authority" replaced.

2. In § 20 (2), the penultimate sentence and the last sentence are replaced by the following:

" The appeal lodged within three working days shall be admissible with the competent administrative court in respect of the decisions of the Committee of Election Committees. The decision shall be taken within six weeks of the submission of the complaint. The complaint does not have suspensive effect. "

3. In § 20 (13) the phrase is deleted. " ; the decision of the Central Electoral Committee cannot be challenged by a proper legal remedy " .

3a. In § 21 (6) and § 26 (4), the last sentence is deleted.

4. In § 22 (8), the term "Personnel Representation Supervisory Commission" by the term "Personnel Management Authority" and the parenthesis "(§ 41 (1) to (4))" by the parenthesis expression "(§ 41 (1) to (3))" replaced.

5. In § 23, para. 2 lit. e will be the citation "§ 41 (4)" by quoting "§ 41 (2)" replaced.

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

" Supervision of the Staff Committee

Staff representative supervisory authority

§ 39. (1) The Federal Chancellery shall be responsible for the establishment of the Personnel Management Authority (hereinafter referred to as the "Supervisory Authority").

(2) The supervisory authority shall consist of one or one right-wing chairman, one or one right-hand federal staff member of the active stand as a representative or representative of the employer and one or one right-wing federal staff member. of the active status as a representative or representative of the service provider.

(3) Only a person of a high degree of general recognition and personal integrity, who has special knowledge of the state administration and of the Federal Service, can be appointed to or to the Chairman.

(4) The members of the supervisory authority shall be appointed by the President of the Federal Republic of Germany or by the Federal President on a proposal from the Federal Government with effect from 1. To order January of a calendar year for a period of five years. For each member, two alternate members shall be appointed, who shall represent the member in the case in which they are appointed in the order in which they are appointed. The substitute members shall apply the provisions applicable to the members of the supervisory authority in accordance with the relevant provisions. A new order is allowed.

(5) The Public Service Trade Union shall make a name for the representative of the Federal Government or the representative of the Federal Government. If, within four weeks of being requested by the Federal Chancellor or the Federal Chancellor, the Public Service trade union does not make known the service representative or the employee representative, the name of the trade union shall be the responsibility of the Chancellor or the Federal Chancellor.

(6) (constitutional provision) The members of the Supervisory Authority shall be free of instructions in the performance of this Office.

§ 40. (1) Members of the Supervisory Authority shall not be authorised to appoint civil servants who have been subject to disciplinary proceedings or who have been subject to a disciplinary sentence.

(2) Furthermore, staff members who are excluded from the right to stand as a candidate in accordance with Section 15 (6) may not be appointed as members of the supervisory authority.

(3) Membership of the Supervisory Authority shall be based on the initiation of disciplinary proceedings pending the final conclusion, suspension of the service (revocation), the non-service position and the granting of a holiday of more than three Months.

(4) Membership of the Supervisory Authority shall end at the end of the term of order, the final imposition of a disciplinary penalty as well as the translation abroad. In addition, the member loses his membership of the supervisory authority, if it is excluded from the right to stand as a candidate in accordance with § 15 (6).

(5) The President of the Federal Republic of Germany or the President of the Federal Republic of Germany shall have a member of the supervisory authority when it is seeking, for reasons of health, permanently unable to carry out his duties or which he is responsible for on the basis of this Federal Law Official duties have been violated.

(6) Scheiden members of the supervisory authority during the service period shall, if necessary, be ordered to appoint other members of the supervisory authority for the remainder of the term of order.

§ 41. (1) The supervisory authority shall be responsible for supervising the staff representative bodies, which shall, in particular, include concern for the legality of the management of the bodies of the Staff Committee. Supervision shall be carried out on its own account or at the request of a person who claims that the management is unlawfully unlawfully. Rules and regulations of the bodies of the Staff Committee are not subject to supervision.

(2) In the case of the handling of its supervisory law, the supervisory authority shall, in particular, be entitled to obtain necessary information from the personnel representative bodies concerned, to repeal any unlawful decisions of the personnel representative bodies and to obtain the necessary information from the supervisory authority. Personnel representative body should be disbanded if it permanently violates its obligations. The cancellation of decisions and the dissolution of a personnel representative body shall be effected by means of communication.

3. The personnel representative bodies concerned shall immediately provide the supervisory authority with the information requested. These information does not require the obligation of confidentiality in accordance with § 26.

(4) An institution of the Staff Committee may complain to the Supervisory Authority for alleged repeated violations of the provisions of this Federal Law by an institution of the service provider within the last year. Each such complaint shall be considered by the supervisory authority.

(5) complaints pursuant to paragraph 4 shall be submitted by way of the Central Committee. If the Central Committee considers that the complaint is unfounded, it shall consult the Services (technical) Committee. If an agreement is not reached, the Central Committee shall forward the complaint to the supervisory authority.

(6) The result of the examination referred to in paragraph 4 shall be communicated:

1.

the bodies of the Staff Committee concerned,

2.

the institution of the employer whose conduct has been the subject of the complaint,

3.

the head of the relevant service authority (staff office) and

4.

the Federal Minister responsible or the competent Federal Minister.

(7) If the supervisory authority considers that the institution of the service provider has repeatedly breached provisions of this Federal Law within the last year, the Central Committee may within six weeks after notification of the outcome of the Examination by the head of the service authority responsible for the supervision of the institution via the institution of the service provider (staff office) a written statement on the person responsible to the institution of the service provider whose conduct the subject matter of the Examination of the measures taken and the measures taken. In that case, it shall be stated:

1.

what measures have been taken to prevent a breach of the provisions of this Federal Law in the area referred to in the examination as a result of the examination;

2.

whether and what measures have been taken vis-à-vis the institution of the service provider responsible, and

3.

-if no measures have been taken in accordance with Z 1 or 2-the reasons for this.

(8) The opinion shall be delivered within a period of six weeks after it has requested the Central Committee. The Central Committee shall be entitled, if there is a reasonable suspicion of a breach of duty by the official concerned by the examination or the officials concerned by the examination, within six weeks of the end of the expiry of the duties of the head of the , to the competent service authority for the opinion at the disposal of the Disciplinary Panel at the disposal of the Service Authority. Such a disciplinary panel of the Central Committee shall not be admissible if, in the case of an average view, an instruction or a warning is sufficient and this is carried out by the service officer or by the service officer of the official or the official has already been shown to have been granted. In any event, even if it does not consider it admissible, the Office of the Central Committee shall have the disciplinary panel of the Central Committee to the Chairperson or the Chairman of the Disciplinary Commission, the Disciplinary Lawyer or the Disciplinary Authority and the Disciplinary Board. Accused or forwarded to the accused.

Law Firm

§ 41a. The law firms of the supervisory authority shall be led by the Federal Chancellery.

Remuneration

§ 41b. The members of the supervisory authority shall be entitled to a replacement of the journey (journey) in accordance with the travel fees regulations of the Federal Government. In addition, they are entitled to a remuneration corresponding to the time and effort involved, which is to be determined by the Federal Chancellor or by the Federal Chancellor.

Procedural rules

§ 41c. (1) The AVG shall be applied to the supervisory procedure in accordance with Section 41 (1) to (3).

(2) In the cases of Section 10 (7) and section 41 (4) of the Supervisory Authority, the Supervisory Authority may, in order to determine the facts on which the expert opinion or the complaint is based, provide information on the institutions of the institutions which are appointed objectively for the treatment of the matter. Central offices and the relevant Central Committee, and for this purpose, also invite respondents according to the AVG.

(3) The Supervisory Authority shall take its decisions with a majority of votes. A abstention is inadmissible.

Senate decisions at the Federal Administrative Court

§ 41d. (1) If a decision of the supervisory authority is brought before the Federal Administrative Court, the decision of the Federal Administrative Court shall be made by a senate.

(2) In the case of senate decisions in accordance with paragraph 1, a representative or a representative of the service provider and one representative each, or one representative of the service provider, shall have to participate as expert lay judges or lay judges.

(3) The representatives of the service provider shall be nominated by the Federal Chancellor or the Federal Chancellor.

(4) The representatives of the employees shall be nominated by the union of Public Service. If a nomination by the public service union does not take place in time, then the nomination of the Federal Chancellor or the Federal Chancellor is incumbable.

(5) Only legal staff with a minimum of five years of professional experience in the Federal Service may be nominated as staff representative of lay judges and lay judges. It must not be subject to disciplinary proceedings or proceedings pursuant to Section 30 (1) Z 5 or 9 of the Contract Order Act 1948. Civil servants and civil servants of retirement may not be nominated as lay judges or lay judges of the personnel.

(6) The Office shall rest from the date of the initiation of a disciplinary procedure until its final conclusion, during the period of (provisional) suspension, retirement and issuing of a leave of more than one year. The Office ends with the legally binding imposition of a disciplinary penalty, with the transfer abroad, with the departure of the Federal Service and with the transfer or the transfer to retirement.

Publication of decisions and test results

§ 41e. Final decisions, decisions which are not merely procedural, and the results of exams pursuant to § 41 (4) are immediately in anonymized form in the legal information system of the Federal Government by the Chairman or Chairman of the Supervisory Authority. (RIS).

Reports

§ 41f. At the beginning of the year, the Supervisory Authority has reported on its activities and its perceptions during the previous year, concerning the activities of the Federal Chancellor

1.

the legality of the management of the bodies of the Staff Committee; and

2.

Compliance with the provisions of this Federal Act by the institutions of the service provider

. This report shall be submitted to the National Council by the Federal Chancellor or the Federal Chancellor by the Federal Government. "

7. In § 42 lit. d becomes the term "Personnel Representation Supervisory Commission" by the term "Personnel Management Authority" replaced.

8. According to § 42f, the following § 42g shall be inserted together with the headings:

" Transitional provisions on Novelle BGBl. I No 82/2013

Continuing operations on the occasion of the establishment of the Federal Administrative Court and the Federal Financial Court

§ 42g. (1) For the rest of the legal period of activity of the personnel representation bodies, the following shall apply from 1. Jänner 2014, that

1.a)

the Services Committee established by the Asylum Court on 31 December 2013, as the Federal Administrative Court for the officials of the General Administrative Service and the contract staff,

b)

The Services Committee set up by the Independent Finance Senate on 31 December 2013 as the Federal Financial Tribunal for the Officials of the General Administrative Service and the Contract Officials

, and shall apply to the

2.

the competence of the

a)

the Central Committee, which was established at the Federal Chancellery, also on the officials of the General Administrative Service and the contract staff of the Federal Administrative Court,

b)

the Central Committee established at the Federal Ministry of Finance also include the officials of the General Administrative Service and the contract staff of the Federal Financial Court

.

(2) The office committees referred to in paragraph 1 (1) (1) shall carry out the tasks in their respective sphere of action with the proviso that the competent service manager or the competent service manager shall be responsible for the tasks in question.

1.

in the case of paragraph 1, z 1 lit. a the President or the President of the Federal Administrative Court; and

2.

in the case of paragraph 1, z 1 lit. b the President or the President of the Federal Finance Court

is. "

8a. According to § 42g, the following § § 42h and 42i together with the headings are inserted:

" Continuation of the business at the Data Protection Commission

§ 42h. Until 31 December 2013, the competence of the Service Centre Committee set up by the Federal Chancellery on 30 April 2013 shall also cover the officials of the General Administrative Service and the contract staff of the Service Centre. Data Protection Commission.

Continuing operations on the occasion of the establishment of the Data Protection Authority

§ 42i. For the remainder of the legal period of activity, the responsibility of the Service Centre Committee established at the Federal Chancellery on 31 December 2013 also extends to the officials of the General Administration Service and the Officials of the General Management Service. Contract staff of the Data Protection Authority. "

9. The following paragraphs 33 and 34 are added to § 45:

" (33) § 13 para. 2 in the version of the Z 1a and § 42h, together with the title in the version of the Federal Law BGBl. I N ° 82/2013 will expire on 1 May 2013 in and with the end of 31 December 2013.

(34) § 10 (7), § 13 (2) in the version of Z 1b, § 20 (2) and (13), § 21 (6), § 22 (8), § 23 (2) (e), § 26 (4), § 39 (1) to (5) and § § 40 to 41f together with the headings, § 42 lit. d, § 42g, including the headings and § 42i together with Title in the version of the Federal Law BGBl. I n ° 82/2013 will be 1. Jänner 2014 in force. "

10. (constitutional provision) The following paragraph 35 is added to Article 45:

" (35) (constitutional provision) Section 39 (6) in the version of the Federal Law BGBl. I n ° 82/2013 is 1. Jänner 2014 in force. "

Fischer

Faymann