Skilled Worker-Training Initiative Act 2013

Original Language Title: Facharbeiter-Ausbildungsinitiative–Gesetz 2013

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74. Federal Law, with which the School Organization Act, the Vocational Training Act, the School Pflichtgesetz 1985, the compulsory school maintenance law, the school teaching law and the federal law on the principles for land and land Forestry vocational schools are changed (skilled worker training initiative-Law 2013)

The National Council has decided:

table of contents

Art.

Subject matter

1

Amendment of the School Organisation Act

2

Amendment of the Vocational Training Act

3

Amendment of the compulsory schooling law 1985

4

Amendment of the compulsory school maintenance law

5

Amendment of the school teaching law

6

Amendment of the Federal Act concerning the Principles for agricultural and forestry vocational schools

Article 1

Amendment of the School Organisation Act

The School Organization Act, BGBl. No 242/1962, as last amended by the Federal Law BGBl. I n ° 79/2012, shall be amended as follows:

1. § 46 (1) reads:

" (1) The vocational school has the task of teaching persons in teaching and training conditions as well as persons in training conditions which are entitled to attend the vocational school in a subject relevant to the subject of the vocational school. to provide basic theoretical knowledge, to promote and supplement their vocational or professional training, as well as to extend their general education. "

Section 47 (3) reads as follows:

" (3) In one, two or three compulsory items in the fields of business administration and subject-related theoretical teaching, two performance groups shall be provided. The curricula may be used to summarised the teaching of business in a compulsory subject, in which case those parts of the compulsory subject to be taught in two categories of performance are to be shown. In each case, one performance group has the necessary requirements to fulfil the task of the vocational school, and the other has to provide an extended or in-depth educational offer. "

3. (Policy determination) In Section 48 (1), the phrase is deleted in the expression " within the meaning of Section 30 of the Vocational Training Act, BGBl. No. 142/1969 " .

4. (Determination of the principle as regards para. 28, second sentence) The following paragraph 28 is added to Section 131:

" (28) (determining the principle of the second sentence) § 46 (1) and § 47 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I No 74/2013 will enter into force on 1 September 2013. Section 48 (1) shall enter into force with respect to the Länder at the end of the day of the manifestation in the Federal Law Gazans; the implementing laws shall be adopted within one year and shall enter into force on 1 September 2013. "

Article 2

Amendment of the Vocational Training Act

The Vocational Training Act, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I n ° 38/2012, shall be amended as follows:

(1) The following paragraph 5 is added to section 30b:

" (5) Weiters are persons who are in a (other) measure commissioned by the Labour Market Service (other) with a minimum duration of one year, in which from the completion of the 20. In the event of a life-year training, with the aim of laying down the examination of the final examinations, it is possible to apply the compulsory vocational school obligation to the persons in a training relationship according to § 30, provided that the training courses are carried out shall be reported in the form of a list at the apprentice office in accordance with § 30 (7) Z 1. The notification may only be made if the resulting visit to the vocational school is not appropriate for the attainment of the training target. The determination of the duration of the training must be carried out on the basis of already existing relevant (part) qualifications. "

(2) The following paragraph 10 is added to § 36:

" (10) § 30b (5) in the version of the Federal Law BGBl. I N ° 74/2013 will enter into force on 1 September 2013. "

Article 3

Amendment of the compulsory schooling law 1985

The Compulsory Education Act 1985, BGBl. N ° 76, as last amended by the Federal Law BGBl. I n ° 36/2012, shall be amended as follows:

(1) The heading of Section II is:

" Section II

Professional school attendance, attendance of the vocational school "

2. § 20 together with the title is:

" persons

§ 20. (1) Professional compulsory education shall apply in accordance with this section for:

1.

all apprentices in the sense of the Vocational Training Act, BGBl. No 142/1969,

2.

persons who are trained in a teaching profession in an over-the-job integrative vocational training according to § 8c of the Vocational Training Act with regard to an education according to § 8b (1) of the Vocational Training Act, and

3.

Persons who are trained in a teaching profession in an in-company teaching qualification according to § 30 or § 30b of the Vocational Training Act.

(2) For

1.

persons in training conditions pursuant to Section 8b (2) of the Vocational Training Act; and

2.

persons who are trained in a teaching profession in an over-the-job integrated vocational training according to § 8c of the Vocational Training Act with regard to an education according to § 8b (2) of the Vocational Education and Training Act,

In accordance with the provisions of Section 8b (8) and Section 8c (8) in conjunction with Section 8b of the Vocational Training Act, it is the duty or duty to: the right to visit the vocational school. "

3. § 21 together with the headline is:

" duration of compulsory education and training of the vocational school visit

§ 21. (1) The obligation of professional compulsory education begins with regard to persons covered by Article 20 (1) and with regard to persons covered by Article 20 (2) in the case of the establishment of the compulsory vocational school obligation with the entry into a teaching relationship or into a Training ratio and takes up to its end, but at the latest until the successful completion of the last school level of the relevant vocational school.

(2) The right to visit the vocational school begins with regard to the persons covered by Article 20 (2) in the case of the determination of the right to attend the vocational school with the entry into a corresponding training relationship and lasts up to the End, but at the most until the successful completion of the last school level of the relevant vocational school.

(3) Vocational students whose teaching or training relationship has ended during a school year are entitled to attend the vocational school by the end of this school year, provided that they do not have the last level of schooling provided for in the course of the course. have successfully completed. In addition, apprentices who demonstrate the revocation of at least half of the teaching time fixed for the teaching profession and make it credible that they do not complete a teaching contract for the duration of the teaching period laid down for the teaching profession are not shall be entitled to attend the vocational school during that period during which they would be obliged to attend the vocational school in the case of an upright teaching relationship, or would be entitled to do so in the sense of the first sentence. "

4. § 22 (4), first sentence reads:

" Professional compulsory education can also be fulfilled by visiting a vocational school which is not equipped with the general public law or another vocational training institution in Germany or abroad, but in this case it is the enrich To prove the success of the teaching by examining the annual teaching material at the end of each school year at a public or public-law vocational school. The Landesschulrat (Landesschulrat) has to refrain from an examination if the sufficient success is achieved by the submission of certificates of a vocational school not equipped with the public law or another in-or foreign professional Educational establishment is made credible. "

5. In § 23, the following paragraph 2a is inserted after paragraph 2:

" (2a) Persons in shortened, in-company training courses on behalf of the Labour Market Service in accordance with Section 30b (5) of the Vocational Training Act are to be exempted from attending the vocational school on request, if professional or other in the person of the The reason for the regular attendance of the vocational school is to prevent the use of professional school-based persons. "

(6) The following paragraph 4 is added to § 23:

" (4) Search for exemption from the attendance of the vocational school pursuant to paragraph 2a are to be submitted to the head of the school, if need be, via the head of the training institution in the course of the obligation to register in accordance with § 24 (3) first sentence. Responsible for the decision is the head of the vocational school, whose school-leaving school is a member of the pupil. "

(7) In § 24 (3), first sentence, after the word "Teaching relationship" the twist "or the training relationship" inserted.

8. In § 24, paragraph 3, last sentence, the turn "the holder of a special self-employed training institution according to § 30 of the Vocational Training Act" through the turn "the holder of a training institution" replaced.

9. § 30 (12) in the version of the Federal Law BGBl. I N ° 35/2012 shall be replaced by the sales designation "(13)" and shall be added to the following paragraph 14:

" (14) The title of Section II, § 20, including the title, § 21 with title, § 22 (4), § 23 (2a) and (4) and § 24 (3) in the version of the Federal Law BGBl. I No 74/2013 will enter into force on 1 September 2013. "

Article 4

Amendment of the compulsory school maintenance law

The mandatory school maintenance law, BGBl. N ° 163/1955, as last amended by the Federal Law BGBl. I n ° 36/2012, shall be amended as follows:

1. § 13 (7) second sentence reads:

" In the case of apprentices, instead of the place of residence of the place of business, in the case of a number of premises, the premises referred to in the apprenticeship contract as the principal place of business shall be decisive; in the case of persons who are subject to a vocational school in training conditions and in persons According to § 20 (2) and § 21 (2) of the German School Pflichtgesetz 1985, BGBl. No. 76, who are entitled to attend the vocational school, the implementing legislation may determine the location of the training institution or the place of residence as decisive. "

(2) The following paragraph 11 is added to § 19:

" (11) § 13 para. 7 in the version of the Federal Law BGBl. I No 74/2013 shall enter into force with respect to the countries at the end of the day of the event in the Federal Law Gazans; the implementing laws shall be adopted within one year and shall be in force on 1 September 2013. "

Article 5

Amendment of the school teaching law

The school teaching law, BGBl. No 472/1986, as last amended by the Federal Law BGBl. I No 73/2012, shall be amended as follows:

1. § 3 (7) reads:

" (7) Paragraph 6 applies to vocational schools only in so far as it concerns the visit of a higher than the 1. School level

1.

in a different discipline, in the course of the learning of two teaching professions, or

2.

in the case of a shorter period of teaching or training in accordance with the Vocational Training Act (BGBl), compared with the duration of the teaching profession. No 142/1969,

"

2. In § 32 (3) the word "Teaching ratio" through the turn "teaching or training relationship" replaced.

Section 32 (3a) reads as follows:

" (3a) Students of vocational schools which have not successfully completed the vocational school after completing the teaching or training relationship are entitled, with the consent of the school holder and with the authorization of the school authority of the first instance, to to continue to attend the vocational school for the purpose of obtaining a successful vocational school leaving qualification or to visit at a later date. A repetition of school levels according to § 27 is not permitted. "

4. § 33 para. 2 lit. b is:

" (b)

in the vocational school, with the termination of the teaching or training relationship, provided that the vocational school is not attended in accordance with § 32 (3) or (3a); "

4a. In § 39 paragraph 2 Z 5 in the version of the Federal Law BGBl. I n ° 52/2010, the wording of the text is deleted.

4b. In § 82 para. 5p, the introduction rate shall be:

" The following provisions of this Federal Act in the version of the Federal Law BGBl. No 52/2010, § 36 para. 2 Z 1a in the version of the Federal Law BGBl. I n ° 9/2012 and § 39 paragraph 2 Z 5 in the version of the Federal Law BGBl. I No 74/2013, enter into force and out of force as follows: "

5. In § 82, the following subsection 5v is inserted after paragraph 5u:

" (5v) § 3 (7), § 32 (3) and (3a) and § 33 (2) (lit). b in the version of the Federal Law BGBl. I No 74/2013 will enter into force on 1 September 2013. "

Article 6

Amendment of the Federal Act concerning the Principles for agricultural and forestry vocational schools

The Federal Act concerning the Principles for agricultural and forestry vocational schools, BGBl. No. 319/1975, as last amended by the Federal Law BGBl. I No 91/2005, is amended as follows:

In Section 7 (2), the turn-of-turn "and with the end of 31 December 2010 to be repeal" .

Fischer

Faymann