Amendment Of The Aliens Employment Act And The Disabled Setting Act

Original Language Title: Änderung des Ausländerbeschäftigungsgesetzes und des Behinderteneinstellungsgesetzes

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_72/BGBLA_2013_I_72.html

72. Federal law that modifies the foreign nationals employment Act and the disabled setting law

The National Council has decided:

Table of contents article 1 amendment of the aliens Employment Act article 2 amendment to the disabled setting Act article 1

Amendment of the aliens Employment Act

The foreign nationals employment Act - aliens, BGBl. No. 218/1975, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:

1 paragraph 8 deleted § 2.

2. § 3 para 1 to 3 are:

"3. (1) an employer may, as far as this federal law not otherwise, a foreigner only deal, was granted a work permit or discharge broadcasting permit for this or a display certificate issued, or if the foreigner is a valid for this employment"red white red - card","EU blue card"or"Residence permit - artist"or a"red white red card plus", a" resident plus ", has an exemption certificate (section 4 c) or a residence permit"Member of the family"or"Long-term resident - EU".

(2) a foreigner may, as far as this federal law not otherwise, only participate in an employment and exercise, if was for him a work permit or extract broadcast permit issued or issued a confirmation of the display, or if he is a valid for this employment "red white red - card", "EU blue card" or "Residence permit - artist" or a "red white red card plus", a "resident plus", an exemption certificate (section 4 c) or a residence permit "Member of the family" or "Long-term resident - EU" has.

(3) in the event of another employer in the legal relationship according to § 2 para 2 transition of operations or changes to the legal form the employment permission is otherwise unchanged continuation of the conditions the new employer granted. "Employment is also a valid" red white-red - card ", entitled"EU blue card"or"Residence permit - artist"in otherwise unchanged continued of the requirements for employment with the new employer."

3. in article 4 paragraph 1 Z 1 is after the phrase "in accordance with sections 12 or 13 AsylG 2005 has" inserted the phrase "or does have a right of residence pursuant to § 54 para 1 Z 2 or 3 AsylG 2005".

4. § 4 para 3 Z 2 to 4 is omitted.

5. § 4 para 3 Z 9 to 12 is: "9 the alien pursuant to § 57 enjoys AsylG 2005 special protection or 10 for the foreigners a permit for the cross-border provision pursuant to section 16 para 4 1984 is AÜG or § 40a 2 of the agricultural work act or, where such a permit in accordance with section 16a AÜG or § 40a, section 6 of the agricultural work Act is not required in 1984, the requirements of § 16 para 4 Z 1 to 3 of the AÜG or § 40a para 2 No. 1 to 3 of" "1984 mutatis mutandis be agricultural work act or to admit is 11 foreigners on the basis of generally accepted rules of international law or international agreements to an employment or 12 the foreigner is entitled to benefits under the unemployment insurance Act (AlVG), BGBl. No. 609, 1977 or" 6. § 4 para 3 12 following Z 13 and 14 shall be added after the Z: "13 foreigners no longer than six months as an artist (§ 14) should be employed or 14 of foreigners of a group of persons pursuant to a regulation pursuant to paragraph 4 belongs to."

7 paragraph 4 section 4:

"(4) the Federal Minister for labour, Social Affairs and consumer protection can set by regulation, that more groups of people, public or economic interests consist in their employment, may be granted employment permits. "The regulation can a certain duration of the employment permits, a maximum-frame for individual groups and - unless it allows the location and development of the labour market - the Elimination of labour market testing in individual cases be provided."

8 paragraph 4 section 5:

"(5) in the case of existence of a permit for the cross-border provision pursuant to section 16 para 4 of the workforce transfer law or pursuant to section 40a para 2 of the 1984 agricultural work Act eliminates the labour market test referred to in paragraph 1 and the consultation of the Regional Advisory Board."

9 § 4a along with header is omitted.

10 § 4b, second sentence, is:

"Among available aliens are entitled to benefits under the unemployment insurance, EEA nationals, to favor Swiss, Turkish Association employee (section 4 c) and foreigners with unrestricted access to the labour market (section 17)."

11 paragraph 2 the following sentence is added to section 4 c:

"The exemption certificate shall be entitled to employment in the whole country and is to be issued for five years. The exemption certificate shall be revoked if the alien in the application of essential facts has made knowingly false information or concealed these facts."

12 paragraph 6 ABS. 1:

"(1) the work permit is granted for a workplace and is valid for the entire Federal territory." The workplace is determined by the occupation and the employer referred to in the employment authorization."

13 paragraph 3 deleted § 6.

14 in § 7 para 4, the phrase "or the work permit" does not apply.

15. in section 7 paragraph 7 eliminates the phrase "a work permit or".

16 § 11 para 1 last sentence reads:

"For the approval of key executives and professionals (§§ 12-12c) and of longer than six months employed artists (§ 14) the authorisation procedure pursuant to § 20 d shall apply."

17 paragraph 6 deleted § 11.

18 section IIa receives the name "III" and the following heading:

'Approval of key executives, artists and established foreigners'

19 paragraph 12:

"§ 12. Especially highly qualified foreigners, which achieve the required minimum number of points for the criteria listed in Appendix A, be admitted to employment as a key force if the intended employment corresponding to their qualifications and other criteria relevant to the achievement of the minimum number of points and mutatis mutandis, the requirements of section 4 paragraph 1 with the exception of no. 1 are met. The labour market test in a particular case is omitted."

19A. the following paragraph 2a is inserted after section 12d, paragraph 2:

"(2a) applications referred to in paragraph 2 can also by the employer for the foreigners be brought domestically."

20 § 12d and heading is eliminated.

21. the sections IIb, IIc and III (old) account for including heading.

22. According to section 13, following sections 14 and 15 and heading shall be inserted:

"Foreign artist

Section 14 (1) foreigners, dependent working is mainly determined by the tasks of designing, a job as an artist admitted, if the conditions of § 4 paragraph 1 with the exception of paragraph 1 Z 1. In absence of any one of these conditions, admission may be refused only if the impairment of the public interests protected by this federal law disproportionately outweighs the impairment of the freedom of art of the foreigner.

(2) in the case of the consideration referred to in paragraph 1 is careful to take, that the refusal of the approval a reasonable pursuit of art as a result impossible is made by the foreigners in particular. It may not a judgment about the value of artistic activity through the artistic quality of the artist be decisive.

(3) in the case of justified doubt, the foreigner or his employer has to make the intended exercise of artistic activity.

Resident foreigners

§ 15 (1) aliens who are in possession of a "settlement" or a "settlement permit - dependant", is a purpose amendment procedure for the issuing of a "Red white red card plus" unrestricted labour market access granted (section 17), or 3. spouse, registered partner or minor illegitimate child when they are 2nd in the possession of a valid work permit or a valid exemption certificate 1 for two years in Germany are legally established and advanced integrated (including stepchildren and adopted child) a foreigner in accordance with Z 1 or 2 and already 12 months legally in the Federal territory are established.

(2) advanced Z 1 integrated are people who were already allowed in the Federal territory or admitted to employment in terms on their special social and familial roots in Austria within the meaning of paragraph 1. These include in particular drawn to family members who have met the module I of the integration agreement. For victims of domestic violence may be waived the requirement of a two-year legal establishment, if the employment to secure an independent life guide is offered."

23 paragraph 17:

"§ 17 foreigners, over 1 a 'Red white red card plus' (section 41a NAG) or 2. a residence permit"Member of the family"(§ 47 NAG) or"Permanent residence - EU"(§ 45 NAG) or 3 is a" resident - plus "(§ 54 para 1 Z 1 AsylG 2005)"


have, are entitled to exercise an employment in the whole country."

24 in the § 18 para 10 is the quote "with regard to § 4 para 3 Z 4" by the quote "pursuant to § 4 paragraph 1 Z 2" replaced.

25 paragraph 19 paragraph 1 together with the heading:

"Requests for section II and IV"

Section 19 (1) the application for a safety certificate or display confirmation or granting a work permit or discharge send approval is the paragraph without prejudice to introduce 2 and 3 and of section 18 of the employers at the Regional Office of the labour market service, within whose jurisdiction the place of employment prospect is, changing place of employment at after the seat of the company, in the case of the posting at the first commitment locally or technically competent regional Office of the labour market service."

26 in section 19 para 4 is omitted the phrase "a work permit or".

27. in § 19 para 5 that accounts for word order ', a work permit"and the last sentence.

28 in the section 19, paragraph 7, the phrase "or the work permit" is omitted.

29. in section 19 para 8 which eliminates phrase ", a work permit".

30 paragraph 20 along with heading:

"Decision

Section 20 (1) over applications in accordance with article 19, the revocation of a security certificate, employment permit or discharge send approval or an exemption certificate and the prohibition of employment pursuant to § 18 para 12 decides the competent under article 19, paragraph 1, 3 and 4 Regional Office of the labour market service.

(2) if in this federal law not else is determined, the NSRAC is faced with the decision to listen to. An any utterance in the context of the consultation is to surrender within a week. The Regional Advisory Council may lay down that the issuing of safety certificates and the granting of employment permits and discharge send be Willigungen especially if there is a specific labour market situation or particular personal circumstances of foreigners considered to be advocates. Such commitment can be stimulated by a member of the Regional Advisory Council or the National Executive Board.

(3) a copy of decision about the work permit or the revocation of such is to deliver also the foreigner regardless of its position in the proceedings (article 21). The same applies to display confirmation pursuant to § 3 para 5 and for the extract broadcast permit according to § 18. The copy of the work permit for a foreigner has to contain information on compensation provided in Vista.

(4) the copies of the notices provided for in this federal law and certificates, which are manufactured by way of electronic data processing systems or similar procedures, require neither a signature nor a certification."

31. in section 20a, the last sentence is omitted.

32. in article 20 b paragraph 1 replaced the word "Deadlines" by the word "Period"; in paragraph 2, the phrase "or regional Office of the labour market service" is eliminated.

33. According to § 20B are inserted following § § 20 c to 20f with heading:

"Stay visa to work looking for very highly qualified

§ 20c. (1) the Regional Office of the labour market service Vienna (central contact point) has to check the documents submitted in accordance with section 24a FPG before issuing a residence visa to seek work and to inform the consular authorities, whether the applicant meets the requirements of § 12 of the iVm system A.

Authorisation procedures especially highly qualified, skilled workers, other key workers, graduates and artists

§ 20 d. (1) very highly qualified, professionals and other key workers and graduates have the request for a "red white red - card", key forces pursuant to § 12 c the request for an "EU blue card" and foreign artists the application for a 'residence permit - artist"together with a written statement of the employer to comply with the conditions of employment specified in the application, where after the NAG competent authority to introduce. The application can be submitted also by the employer for the foreigners domestically. The NAG after the competent authority has the request, unless he does not NAG Z 1 or 2 in accordance with article 41, paragraph 3 back or dismiss, immediately after the operating seat of the employer to provide competent regional Office of the labour market service to check the respective admission requirements. The Regional Office has to listen to the Regional Advisory Board within four weeks after the NAG and competent authority - depending on the application – in writing to confirm that the prerequisites for admission 1 as particularly engineered in accordance with § 12 meets 2. as referred to in Article 12a, 3rd as a key force in accordance with § 12 b Z 1, 4 as a key force in accordance with § 12 b Z 2 (graduated from), 5 as a key force in accordance with § 12 c (candidate on an "EU blue card") or 6 as an artist in accordance with § 14. The NAG after the competent authority has to inform the Regional Office on the grant of the respective permit, specifying the duration. In absence of the conditions the Regional Office has the authorisation to fail and the relevant decision immediately the NAG after the competent authority for delivery to the employers and the foreigners to transmit.

(2) the approval referred to in paragraph 1 applies to employment with the employer stated in the application in the entire Federal territory. The Regional Office of the labour market service has the registration to social security to check immediately after beginning employment. This is not the requirements relevant to the admission, which is the competent authority to notify (§ 28 para 6 NAG) NAG. When changing employers prior to issuance of a 'red white-red - card plus' (section 41a NAG) para 1 is to be applied mutatis mutandis.

(3) the admission for employment on jobs in a company affected by a strike or lockout is to fail.

(4) section 24 applies for the certification of independent key forces.

Red White-red - card plus

section 20e. (1) prior to issuance of a "red white red card plus" (§ 41 para 1, 2 and 7, 47 para 4, 56 NAG para 3) according to the place of residence of the foreigner, has in the case of the Nos. 2 and 3 the competent under the operating seat of the employer Regional Office of the labour market service after NAG competent authority to confirm that the alien 1 meets the requirements pursuant to § 15 or 2. as holder of a "red white red - card" within the last twelve months ten months under the Admission was relevant conditions or was 3. as holder of a "EU blue card" within the last 24 months 21 months under the same conditions applicable to the approval.

In the case of no. 1, the NSRAC is to listen to before confirming.

(2) are now regarded as employment in the sense of paragraph 1 Nos. 2 and 3 times 1 a recreation holiday 2 week money subscription, 3. a parental leave under the maternity protection Act 1979 - MSchG, BGBl. No. 221, the fathers parental leave act VKG, BGBl. No. 651/1989, or the agricultural work Act 1984, 4 an educational leave in accordance with § 11 AVRAG, 5. an other, for a relatively short duration agreed maternity leave and 6 a disease , for the duration of the pay sick pay law - EFZG, BGBl. No. 399/1974, employee law, BGBl. No. 1921, or § 1154 b of the General Civil Code (ABGB), DL No. 946/1811, shall apply.

(3) in the case of absence of the requirements, the competent regional office has the confirmation to fail and the relevant notice immediately the NAG after the competent authority for delivery to a foreigner to transmit.

Legal remedies

section 20f. (1) on appeals against decisions of the regional offices of the employment service decides not later than three months after their receipt by a Senate, two expert magistrates, one each from the circle of employers and from the circle of workers belong to the Federal Administrative Court.

(2) the competent magistrates and substitute judge have to have special knowledge of labor and foreign employment law and propose Austria required number by the Federal Chamber of labour and the Chamber of Commerce.

(3) the competent regional office can annul the contested ruling within ten weeks from receipt of the complaint, amend or back - the appeal or reject (appeal decision).

(4) appeals against the revocation of a security certificate, a work permit, a discharge send approval or an exemption certificate have no suspensive effect. Complaints against the revocation of a work permit can be granted suspensive effect.

"(5) also apply the provisions of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013."

34. in article 25, the phrase ", the work permit or the exemption certificate" by the phrase "and a display confirmation issued under this Federal Act" will be replaced.

35. § 26 para 1 second sentence reads:


"The employers and the foreigners are obliged to provide the information necessary for the implementation of this federal law the aforementioned authorities and sources of health insurance and the Federal Administrative Court and to provide insight in the necessary documents."

36. in § 26 para 5, the expression "Long-term resident - EC" is replaced by the expression "Permanent residence - EU".

37. in the section 27, paragraph 1 the phrase "The regional offices and country offices of the employment service" by the phrase "The offices of the public employment service and the Federal Administrative Court" and the phrase "The regional offices and country offices of the employment service" by the phrase "The offices of the public employment service and the Federal Administrative Court" will be replaced.

38. in the article 27a, paragraph 1 the phrase "and the Federal Administrative Court" is inserted after the phrase "the Central Coordination Office for the control of illegal employment by this federal law and the labor contract law adjustment Act of the Federal Ministry of finance" the phrase "and the Federal Administrative Court" and the phrase "the central coordination point for the control of illegal employment by this federal law and the labor contract law adjustment Act of the Federal Ministry of finance".

39. in the section 27a, paragraph 2 the phrase 'and the Federal Administrative Court' is after the phrase "the offices of the employment service" and the phrase "and the Federal Administrative Court" inserted after the phrase "for the employment service".

40th in the article 27a, paragraph 3, the phrase "for the calculation of the load of the Federal maximum] by the word order is" to meet the it in accordance with section 30, paragraph 2, of the labour market Service Act - AMSG, BGBl. No. 313/1994, whether tasks "and in the Z 1 the phrase"or a residence permit "Long-term resident – EC" "by the phrase", a "residence permit - artist" in accordance with article 61, paragraph 1 Z 1 NAG, a residence title "Family member" or "Long-term resident - EU" or a residence permit or permanent residence card for family members of an EEA citizen "replaced.

41. paragraph 28 paragraph 1:

"Section 28 (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts (section 28 c)(, begeht eine Verwaltungsübertretung und ist von der Bezirksverwaltungsbehörde zu bestrafen, 1. wer a) violates article 3 employs a foreigner for which was granted an employment permit nor issued a confirmation of the display or the no valid for this employment"red white red - card","EU blue card"or"Residence permit - artists"or no"Red white red card plus"" , not "resident plus", has no exemption certificate (section 4c) or a residence permit "Member of the family" or "Permanent residence - EU", or b) contrary to article 18 that take services of a foreigner who is employed by a foreign employer without a present in the Federal territory operation based in domestic, without having the foreigners granted an employment permit or an extract broadcast permit issued confirmation display, or c) contrary to the prohibition in accordance with section 32a para 8, a foreigner has , for the granted an employment permit nor issued a display confirmation or confirmation of free movement was, unauthorized employment of not more than three foreigners for every unauthorized employed foreigners with fine of EUR 1 000 to EUR 10 000, in the case of initial and further repetition of 2 000 euro, up to 20 000 euro, in unauthorized employment of more than three foreigners for every unauthorized employed foreigners with fine of EUR 2 000 to 20 000 euro , in the case of the first time and further repetition of EUR 4 000 to EUR 50 000;

2. who a) violates article 3 par. 4 employs a foreigner without the employment of the competent regional Office of the labour market service or b to indicate) takes contrary to § 18 paragraph 5 or 6, without the competent regional Office of the labour market service or c employment in time to display the work of a foreigner to complete) does not fulfil his obligations in accordance with § 26 para 1 or d) contrary to section 26 para 2 in § 26 para 1 authorities referred to and entities access to the premises , Operating rooms, foreign employment and living quarters of workers or the driving on roads not granted, or e) contrary to section 26, subsection 3 affected the implementation of the Act or f) contrary to § 26 para 4 or 4a the implementation of acts affected, with fine of 150 euros up to EUR 5 000, in the case of lit. c to f with fine of 2 500 euros up to 8 000 euro;

3. who a) employed contrary to § 3 par. 6, without the permits granted to him under this Federal Act or confirmations in operation to the inspection or b to hold a foreigner) that in § 26 para 5 provided messages not be refunded, with fine up to 2 000 euro;

4. If a) contrary to § 18 paragraph 12 as company operation based in another Member State of the European economic area employs a foreigner in Germany, or b) contrary to § 18 paragraph 12 the labor of a foreigner who is sent to Austria by a company with head office in another Member State of the European economic area to work, claim takes, although § 18 para 12 Z 1 or 2 is not met and – in the case of lit. b also no EU - discharge confirmation has been issued, in unauthorized employment of not more than three foreigners for every unauthorized employed foreigners with fine of EUR 1 000 to EUR 10 000, in the case of initial and further repetition of 2 000 euro, up to 20 000 euro, in unauthorized employment of more than three foreigners for every unauthorized employed foreigners with fine of EUR 2 000 to 20 000 euro , in the case of the first time and further repetition of EUR 4 000 to EUR 50 000;

5. who employs a foreigner who has unrestricted access to the labour market in accordance with section 32a, paragraph 2 or 3, contrary to § 32a section 4 without confirmation of free movement, with fines up to 1,000 euros."

42. Article 28a paragraph 1 reads:

"(1) which has tax authority in administrative criminal proceedings according to § 28 para 1 Nos. 1, 4 and 5, according to article 28, paragraph 1 No. 2 lit. c valid up to f if the violation concerns the monitoring of compliance with the provisions of this Federal Act by the tax authority, party position and is to raise complaints against administrative decisions and appeal against penal orders. The Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of finance are entitled to charge appeal to the administrative court against decisions of administrative courts of the countries. The administrative courts of the countries have copies of such decisions immediately to provide the Ministry of labour, Social Affairs and consumer protection."

43. in article 28a paragraph 2 the quote is "§ 28 para 1 Nos. 1, 5 and 6" by the quote "§ 28 para 1 Nos. 1, 4 and 5" replaced.

44. in paragraph 28, b paragraph 1 replaced the phrase "Decision - and date of legal effect" by the phrase "Decision and date of legal effect".

45. paragraph 28 b paragraph 4:

"(4) the administrative penalty and the administrative courts of the countries have copies of final decisions which they have adopted in criminal proceedings in accordance with article 28, paragraph 1 Z 1 immediately to deliver the Federal Ministry of finance. Likewise, they have copies of final decisions which a penalty according to article 28, paragraph 1 last sentence and 3 VStG imposed Z 1 against responsible officers within the meaning of § 9 para 2, to deliver that company, which this sanction in accordance with paragraph 2 is. In the decision indicates is to record that the registration of the accused and the company, which is the punishment is connected in the Administration punishment evidence with the final punishment."

46. in the section 28c, the penultimate and last paragraph received the sales terms (3) and (4).

47. § 30 paragraph 1 third to fifth set are:

"In the prohibition proceedings has the tax authority party position and is entitled to charge complaints against administrative decisions. The Federal Minister for labour, Social Affairs and consumer protection is entitled to charge appeal to the administrative court against decisions of administrative courts of the countries. The competent authorities have copies of such decisions immediately to provide the Federal Minister of labour, Social Affairs and consumer protection."

48. paragraph 30a:


"section 30a. The tax authority may request the withdrawal of the business license due to repeated illegal employment of foreigners. The tax authority in party proceedings and is entitled to charge complaints against administrative decisions. The Federal Minister for labour, Social Affairs and consumer protection is entitled to charge appeal to the administrative court against decisions of administrative courts of the countries. The competent authorities have copies of such decisions immediately to provide the Federal Minister of labour, Social Affairs and consumer protection."

49. section VII and title is omitted.

50. the section 32 be attached following paras 11 and 12:

"(11) before entry into force of the Federal Act Federal Law Gazette I no. 72 / 2013 issued work permits and exemption certificates remain valid until the expiration of their respective duration.

(12) regulations, adopted before the entry into force of the Federal Act Federal Law Gazette I no. 72/2013 according to § 14 paragraph 3 apply as regulations pursuant to § 4 para 4 further."

51. Article 32a para 2 subpara 2 is: "2. fulfil the conditions of article 15 accordingly or" 52. § 32a, section 5 is omitted.

53. in the section 32a, paragraph 9, inserted after the phrase "as subject or key staff" the phrase "or as an artist", the quote "according to section IIa" "in accordance with section III" and the phrase "such key forces" replaced by the quote by the phrase "of specialist and key staff".

54. the section 32a are attached following paras 11 and 12:

"(11) in the light of the Treaty of accession of the Republic of Croatia to the European Union, OJ No L 112 of the 24.04.2012 p. 10, the para 1 to 9, as Croatia's accession to the EU shall apply mutatis mutandis for nationals of the Republic of Croatia and for employers with headquarters in the Republic of Croatia. An unlimited access to labour market is Croatian nationals who were entitled to accession in accordance with article 17 to engage in employment in the entire Federal territory, without further examination to confirm. Are para 3 and 4 with the provision to apply, that in the first two years from the date of accession unlimited access to labour market only to confirm is there referred to family members, if they with the Croatian national who has already unrestricted access to the labour market, on the date of accession or, if they later follow suit, at least eighteen months had a common legal domicile in the Federal territory. This period is eliminated, if the Croatian nationals up to the accession of "Red white red - card", a "Red white red card plus", has a "EU blue card", or a residence permit "Long-term resident - EC".

(12) paragraphs 1 to 9 are no longer apply to nationals of the Republic of Bulgaria and Romania and employers with headquarters in these Member States from 1 January 2014. Under this federal law granted them permissions or confirmations to employment will expire at the end of 31 December 2013."

55. the section 34 be attached following paragraph 42 and 43:

"(42) § 3 para 1 to 3, 4 para 1 subpara 1, para 3 Z 9 to 14 and para. 4 and 5, 4 b, 4 c para of 2, 6 para 1, 7 para 4 and 7, 11 para 1, 12, 14 and heading, 15 including the heading, 17, 18 paragraph 10, 19 para 1, 4, 5, 7 and 8 together with heading, 20 and heading" , 20a, 20B, paragraphs 1 and 2, 20c together with heading, 20 d including heading, 20e including heading, 20f including heading, 25, 26 para 1 and 5, 27a of para 1 to 3, 28 para 1, 28a para 1 and 2, 28b paragraphs 1 and 4, 30 paragraph 1, 30a, 28c, 32 para 11 and 12, paragraph 2, 32a 5 and 9 and 35 Nos. 1 and 2 as well as I no. 72/2013 become section III and heading as amended by Federal Law Gazette with 1 January 2014 into force. The § 2 para 8, 4 paragraph 3 Nos. 2, 3 and 4, 4a along with heading, 6 para 3 and sections IIb, IIc, III and VII and heading as amended by Federal Law Gazette I no. 98/2012, as well as Section 12d and heading as amended by Federal Law Gazette I no. 72/2013 become at the end of 31 December 2013 override.

(43) a regulation referred to in article 4 paragraph 4 as amended by this federal law may be issued already I no. 72 / 2013 following day at which the by-laws of the Federal Act Federal Law Gazette; She should be implemented 1 January 2014 at the earliest with."

56. in § 35 Z 1 the quote is "in terms of § 1 para 2 lit. g"by the quote"in terms of § 1 para 2 lit. "g and in terms of the section 20f, insofar as the Federal Administrative Court is concerned," replaced.

57. in § 35 Z 2 is the quote "in terms of the section IIa" by the quote "in terms of §§ 20 d and 20e' and the quote" in terms of § 27, paragraph 3 and article 27a, paragraph 3 "by the quote" in terms of §§ 27 par. 3 and 27a para. 3 "replaced.

Article 2

Amendment to the disabled setting law

The disabled setting Act, Federal Law Gazette No. 22/1970, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1. in section 2 paragraph 1 Z 4 is omitted and is the No. 3: "3. third-country nationals, who are entitled to reside in Austria and to pursue an employment, insofar as these third-country nationals with regard to the conditions of dismissal to be Austrian citizens are under the law of the European Union."

17 the following paragraph is added to § 2. 25:

"(17) section 2 para 1 No. 3 as amended by Federal Law Gazette I no. 72/2013 1 January 2014 into force;" at the same time Z 4 override. Article 2, paragraph 1"

3. Section 25a paragraph 2 reads:

"(2) the provisions of § 2 para 1 Nos. 1 and 3 will the Directive 2003/109/EC of the Council of 25 November 2003 concerning the status of long-term resident third-country nationals, the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move freely in the territory of the Member States and to stop ", and implemented the policy 2011/98/EC of the European Parliament and of the Council of 13 December 2011 a harmonised procedure for applying for a combined permit for third-country nationals, to work and to reside in the territory of a Member State and on a common set of rights for third-party workers State, legally residing in a Member State."

Fischer

Faymann