108. 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 contract for employees in private social and health organisations in Vorarlberg to the 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 18 April 2013 following the implementation of a senate hearing:

Statutes of the Collective Contract for Employees in Private Social and Health Organizations of Vorarlberg

S 2/2013/XXII/96/2

Scope of the Statute

§ 1.

1.		Professional: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions:
a)			public service bodies
b)			Medical facilities, health care and hospitals
c)			Rescue and Sanitary Services
d)			Private kindergartens, private childcare, private play groups
e)			Childcare facilities by day-care mothers (-fathers)
2.		Spatial: for the province of Vorarlberg
3.		Personal: All employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid Collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG) are covered.

		In the case of employment relationships of workers who are employed on a temporary basis (transit labour force) on the basis of a labour market policy and social policy support measure with the aim of (re) integration into the labour market, the Statement of substitutes only with regard to § § 13 para. 3 lit. i and 11a (1) to (3) of the collective agreement referred to in § 2.

		Excluded are:
-			Employment relationships of workers who are subject to measures under social aid schemes or Federal and/or the country's disability laws are employed,
-			Work relationships based on an assignment by a cost carrier, e.g. AMS, qualification measures to content,
-			Work relationships of clients in care or therapy, which follow simple activities, are under permanent supervision and for which an organization refers to public funding. A pocket money is not contrary to this exception (youth workshops, tearoom and the like),
-			Vacationers, trainees, volunteers, volunteers and volunteers. An intern is, who in the course of a school or university education on the basis of a curriculum or of a study order is required to demonstrate practical activities. A person who stays in a facility for a short term only for training purposes or for personal career guidance; a low fee is not accepted by a traineeship. The person who occasionally carries out pure presence services, or who has a low pay or salary, is also a small person. The exception does not preclude the exception from the scope of the application.

Content of the Statutes

§ 2. (1) The agreement between the employers ' association for social and health organisations in Vorarlberg (AGV) and the Austrian Trade Union Confederation, trade union of private employees, printing, journalism, paper (GPA-DJP), completed

Collective agreement for employees in private social and health organisations in Vorarlberg (1.2.2013)

at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 143/2013 and published in the "Official Journal of the Wiener Zeitung" of 6 April 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
-		§ 2
-		§ 13 para. 3 lit. e first and second sentences
-		§ 18
-		§ 19

(3) As far as the effective date of the collective agreement is referred to in Section 10 (10), the date "1 May 2006" shall be replaced by the date on which the collective contract is made. In the case of employment relationships for which this Statute will not take effect until after 1 May 2006, the provision shall apply from the date of effect of the Articles of Association.

(4) Insofar as § 13 para. 3 lit. h will be referred to the entry into force of the collective agreement with 1.2.2013, the date of entry into force of the statutes (§ 3) will be replaced by this data.

(5) As far as the entry into force of the collective agreement is referred to in Section 16 (II), the entry into force of the Articles of Association shall be replaced by the entry into force of the Articles of Association (§ 3).

Beginning of the effectiveness and duration of the Articles of Association

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

Lukovich