Amendment Of The Aliens Employment Act And The Disabled Setting Act

Original Language Title: Änderung des Ausländerbeschäftigungsgesetzes und des Behinderteneinstellungsgesetzes

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72. Federal Act to amend the Foreigners Employment Act and the Disabled Employment Act

The National Council has decided:

table of contents

Article 1

Amendment of the Foreigners Employment Act

Article 2

Amendment of the Disabled Persons Act

Article 1

Amendment of the Foreigners Employment Act

The Foreigners Employment Act-AuslBG, BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 98/2012, shall be amended as follows:

1. § 2 (8) is deleted.

2. § 3 (1) to (3) are:

" § 3. (1) An employer may, unless otherwise specified in this Federal Act, only employ a foreigner if he or she has been granted an employment permit or a posting certificate or a confirmation of his/her certificate has been issued for him or her. if the foreigner has a "Red-White-Red-Card", "Blue Card EU" or "Residence Permit-Artist" or a "Red-White-Red-Card plus", a "residence permit plus", a waiver (§ 4c) or a "Red-White-Red-Card plus" for this employment Residence permit "family member" or "permanent residence-EU" .

(2) A foreigner may, unless otherwise specified in this Federal Act, only enter and pursue an employment if an employment permit or a sending authorisation has been issued for him or a confirmation of the display has been issued, or if he/she has a "Red-White-Red-Card", "Blue Card EU" or "Residence permit-Artist" or a "Red-White-Red-Card plus", a "residence permit plus", a waiver (§ 4c) or a "Red-White-Red-Card plus" for this employment. Residence permit "family member" or "permanent residence-EU" has.

(3) On the entry of another employer into the legal relationship according to § 2 (2) by the transfer of the business or change of the legal form, the employment permit as the new one shall apply in the case of otherwise unchanged continuation of the conditions. Employer. A "Red-White-Red-Card", "Blue Card EU" or "Residence permit-Artist", which is valid for employment, also entitles the holder to work with the new employer if the conditions are otherwise unchanged. "

3. In § 4 (1) (1) (1), after the order of the word "pursuant to § § 12 or 13 Asylum Act 2005" the phrase "or has a right of residence pursuant to § 54 (1) Z 2 or 3 Asylum G 2005" inserted.

4. § 4 (3) Z 2 to 4 deleted.

5. § 4 (3) Z 9 to 12 reads:

" 9.

the foreigner enjoys special protection in accordance with § 57 Asylum Act 2005; or

10.

for the foreigner, a permit for cross-border transfer in accordance with Section 16 (4) of the AÜG or § 40a (2) of the Landarbeitsgesetz 1984 (Landarbeitsgesetz 1984) or, if such an authorization is granted in accordance with § 16a AÜG resp. § 40a (6) of the Landarbeitsgesetz 1984 is not required, the requirements of § 16 paragraph 4 Z 1 to 3 AÜG and/or § 40a (2) (2) (1) to (3) of the Land Labour Act 1984,

11.

the foreigner is to be admitted to employment on the basis of generally accepted rules of international law or intergovernmental agreements; or

12.

the foreigner is entitled to benefits under the 1977 unemployment insurance law (AlVG), BGBl. No. 609, has or "

6. In § 4 (3), the following Z 13 and 14 are added after Z 12:

" 13.

the foreigner is not to be employed for more than six months as an artist (§ 14); or

14.

the foreigner belongs to a group of persons in accordance with a regulation referred to in paragraph 4. "

7. § 4 (4) reads:

" (4) The Federal Minister for Labour, Social Affairs and Consumer Protection may lay down, by means of a regulation, the granting of employment permits to other categories of persons in whose employment there are public or macroeconomic interests. shall be allowed. The Regulation may provide for a certain period of validity of the authorisations of employment, a maximum level for individual groups and, if it allows the situation and development of the labour market, the removal of the labour market examination on a case-by-case basis. "

8. § 4 (5) reads:

" (5) In the case of an authorisation for cross-border transfer in accordance with Section 16 (4) of the Labour Force Act or pursuant to Section 40a (2) of the Land Labour Act 1984, the examination of the labour market pursuant to para. 1 and the hearing of the Regional Advisory Councils. "

9. § 4a together with the title shall be deleted.

§ 4b second sentence reads:

"Among the available aliens are those with the right to benefits from unemployment insurance, EEA citizens, Swiss, Turkish association workers (§ 4c) and foreigners with unrestricted labour market access (§ 17)."

11. The following sentence shall be added to section 4c (2):

" The exemption certificate entitles the holder to take up employment in the entire Federal territory and is to be issued for five years. The exemption certificate shall be revoked if, in the application for essential facts, the foreigner has knowingly provided false information or has concealed such facts. "

Article 6 (1) reads as follows:

" (1) The employment permit shall be issued for a job and shall be valid for the entire Federal territory. The place of work is determined by the professional activity and the employer designated in the employment permit. "

13. Section 6 (3) is deleted.

14. In § 7 (4) the word order is deleted "or work permit" .

15. In § 7 (7) the word order is deleted "a work permit or" .

16. § 11 (1) last sentence reads:

"For the approval of key forces and skilled personnel (§ § 12 to 12c) and artists employed for more than six months (§ 14), the admission procedure shall apply in accordance with § 20d."

17. § 11 (6) deleted.

18. Section IIa shall be replaced by the name "III" and the following heading:

"Admission of key forces, artists and established foreigners"

19. § 12 reads:

" § 12. Particularly highly qualified foreigners who have the minimum number of points required for the Annex A shall be admitted to employment as a key force if the intended employment corresponds to their qualifications and the other criteria relevant to the attainment of the minimum number of points, and according to the requirements of § 4 (1) with the exception of Z 1. The examination of the labour market in individual cases is not necessary

19a. In accordance with Section 12d (2), the following paragraph 2a is inserted:

"(2a) Applications referred to in paragraph 2 may also be submitted by the employer to the foreigner in Germany."

20. § 12d with headline is deleted.

21. Sections IIb, IIc and III (old) and headline shall be deleted.

22. According to § 13, the following § § 14 and 15 together with the heading are inserted:

" Foreign Artists

§ 14. (1) Foreigners whose non-self-employed activity is primarily determined by tasks of artistic design shall be admitted to employment as an artist if the conditions of section 4 (1) with the exception of paragraph 1 Z 1 are fulfilled. In the absence of any of these conditions, admission may only be denied if the impairment of the public interest protected by this federal law weighs disproportionately more than the impairment of the freedom of art of the Ausländers.

(2) In the case of the weighing in accordance with paragraph 1, it must be taken into consideration, in particular, that the admission of admission to the foreigner does not make it impossible for the foreigner to exercise the art as a reasonable result. In doing so, neither a judgment on the value of artistic activity nor the artistic quality of the artist must be decisive.

(3) In the case of justified doubts, the foreigner or his/her employer shall make the intended exercise of an artistic activity credible.

Resident aliens

§ 15. (1) Foreigners who are in possession of a "residence permit" or a "residence permit-member" shall be granted an "red-and-white-red card plus" unrestricted access to the labour market within the framework of a purpose-change procedure (§ 17), if it

1.

have been lawfully established and advanced in the federal territory for two years, or

2.

are in possession of a valid work permit or a valid exemption certificate, or

3.

Spouse, registered partner or minor child (including the child and adoptive child) of an expo in accordance with Z 1 or 2 and have already been legally established in the federal territory for twelve months.

(2) As an advanced integration within the meaning of paragraph 1 (1) (1), persons who have already been allowed to work in the territory of the Federal Republic of Germany or to be admitted to employment with a view to their special social and familial ties in Austria shall be considered as advanced. is available. This includes, in particular, the following family members who have complied with Module I of the Integration Agreement. In the case of victims of family violence, the requirement of a two-year legal establishment may be waited if the inclusion of an employment is necessary to secure a self-employed lifestyle. "

23. § 17 reads:

" § 17. Foreigners who have

1.

a "Red-White-Red-Card plus" (§ 41a NAG) or

2.

a residence permit "family member" (§ 47 NAG) or "permanent residence-EU" (§ 45 NAG) or

3.

a "residence permit-plus" (Article 54 (1) (1) of the Asylum Act 2005)

, are entitled to pursue employment throughout the territory of the Federal Republic of Germany. "

24. In § 18, para. 10, the quote is "with regard to § 4 (3) Z 4" by quoting "pursuant to § 4 (1) Z 2" replaced.

25. § 19 (1) with title reads:

" Applications referred to in Section II and IV

§ 19. (1) The application for the issue of a certificate of protection or a confirmation of the display, or The granting of an employment permit or a posting permit shall be without prejudice to the provisions of para. 2 and 3 and § 18 of the employer to the regional office of the labour market service, in whose sprinkles the prospective The place of employment is, if the place of employment is changed after the seat of the establishment, in the case of posting at the regional office of the Labour Market Service, which is locally or professionally responsible for the first work assignment. "

26. In § 19 (4) the word order is deleted "a work permit or" .

27. In § 19 (5), the word sequence shall be deleted " , a work permit " and the last sentence.

28. In § 19 (7) the word order is deleted "or work permit" .

29. In § 19 (8) the word order is deleted " , a work permit " .

30. § 20 together with the headline is:

" Decision

§ 20. (1) In the case of applications in accordance with § 19, on the revocation of a security certificate, employment permit or the granting of a release or a certificate of exemption and on the understatement of employment in accordance with section 18 (12), the decision shall be taken pursuant to § 19 (1), 3 and 4 responsible regional office of the Labour Market Service.

(2) Unless otherwise specified in this Federal Act, the Regional Advisory Council shall be consulted before the decision. Any utterance within the scope of the hearing shall be submitted within one week. The Regional Advisory Council may lay down that the issuing of certificates of protection and the granting of authorisations and authorisations for the posting of workers, in particular in the event of a certain situation of the labour market or of certain personal persons, may be Circumstances of the foreigners are considered to be in favour. Such a definition may be proposed by a member of the Regional Advisory Council or the Regional Executive Board.

(3) A certification of the employment permit and/or the employment permit. the revocation of such a person shall also be granted to the foreigner irrespective of his/her position in the proceedings (§ 21). The same applies to the confirmation of the notification in accordance with Section 3 (5) and for the posting of the posting pursuant to § 18. The issuing of the employment permit for the foreigner shall contain information on the planned remuneration.

(4) The copies of the certificates and certificates provided for by this Federal Act, which are produced by means of electronic data-processing systems or in a similar procedure, do not require either a signature or a certificate. Certification. "

31. In § 20a, the last sentence is deleted.

32. In § 20b, paragraph 1, the word "Time limits" by the word "deadline" replaced; in paragraph 2, the word sequence shall be deleted "or State Office of the Labour Market Service" .

33. According to § 20b, the following § § 20c to 20f together with headline are inserted:

" Residence visa for job search for particularly high-skilled workers

§ 20c. (1) The National Office of the Vienna Labour Market Service (Central Contact Point) must, before issuing a residence visa for a job search, examine the documents submitted pursuant to § 24a FPG and inform the representative authority whether the Applicants the requirements of § 12 iVm Annex A is fulfilled.

Admission procedures for particularly high-skilled, skilled workers, other key forces, graduates and artists

§ 20d. (1) Particularly high-skilled, skilled workers and other key staff and graduates have applied for a "Red-White-Red Card", key forces in accordance with § 12c the application for a "Blue Card EU" and foreign artists to apply for a "residence permit-artist", together with a written declaration by the employer to comply with the conditions of employment specified in the application, shall be required to contribute to the competent authority in accordance with the NAG. The application can also be submitted by the employer for the foreigner in Germany. The competent authority in accordance with the NAG has the application, provided that it is not rejected in accordance with § 41 (3) Z 1 or 2 NAG, immediately to the regional office of the employment service responsible for the employment of the employer after the employer's registered office. To pass the examination of the respective admission requirements. The Regional Advisory Board shall consult the Regional Advisory Council and, within four weeks of the NAG competent authority, shall, in writing, confirm in writing that the conditions for the approval of the Regional Advisory Board shall be met.

1.

as particularly highly qualified according to § 12

2.

as a specialist in accordance with § 12a,

3.

as a key force in accordance with § 12b Z 1,

4.

as a key force in accordance with § 12b Z 2 (graduate),

5.

as a key force in accordance with § 12c (prospect of a "Blue Card EU") or

6.

as an artist according to § 14

are fulfilled. The competent authority of the NAG shall inform the regional office of the issue of the respective residence permit, indicating the period of validity of the residence permit. If the conditions are not fulfilled, the regional office must refuse authorisation and forward the relevant communication to the competent authority of the NAG for delivery to the employer and to the foreigner.

(2) The admission in accordance with paragraph 1 shall apply to employment in the employer specified in the application in the entire Federal territory. The regional office of the Labour Market Service shall immediately check the social security application after the start of the employment. If these do not comply with the conditions governing the admission, the competent authority of the NAG shall be notified (Section 28 (6) of the NAG). In the event of an employer change before issuing a red-white-red-card plus (§ 41a NAG), paragraph 1 shall apply mutatily.

(3) Admission to employment in employment in an operation affected by strike or lockout is to be refused.

(4) § 24 shall apply to the authorisation of self-employed key forces.

Red-White-Red-Card plus

§ 20e. (1) Before issuing a "Red-White-Red-Card plus" (§ § 41a (1), (2) and (7), 47 (4), 56 (3) NAG), the regional office of the regional office responsible for the place of residence of the employer, in the case of Z 2 and 3, shall have the competent regional office of the employer Labour market service of the authority responsible according to the NAG, to confirm that the foreigner

1.

the conditions laid down in § 15 are fulfilled or

2.

the holder of a red-white-red card has been employed within the last 12 months for 10 months under the conditions governing the authorisation; or

3.

the holder of a "EU Blue Card" has been employed within the last 24 months 21 months under the conditions applicable to the authorisation.

In the case of Z 1, the Regional Advisory Council must be consulted prior to the confirmation.

(2) Employment within the meaning of paragraph 1 (2) and (3) shall also apply

1.

of a recreational holiday,

2.

of the retreat of the week,

3.

a Karenz according to the Maternity Protection Act 1979-MSchG, BGBl. No. 221, the Väter-Karenzgesetz-VKG, BGBl. No 651/1989, or the Landarbeitsgesetz 1984,

4.

an educational karenz in accordance with § 11 AVRAG,

5.

other, for a relatively short period of time, agreed on a period of grace and

6.

a disease, for the duration of which the Law on the Remuneration of the Remuneration Law-EFZG, BGBl. No. 399/1974, the Federal Law on Employment, BGBl. No. 1921, or § 1154b of the General Civil Code (ABGB), JGS No. 946/1811.

(3) In the event of non-existence of the conditions, the competent regional office shall fail to confirm the confirmation and forward the relevant communication to the authority responsible for delivery to the foreigner immediately after the NAG.

Legal remedies

§ 20f. (1) The Federal Administrative Court shall decide on complaints against the employment of the regional offices of the Labour Market Service at the latest three months after they have been received by a Senate, the two expert lay judges, one each from the district the employer and the employee circle.

(2) The competent lay judges and the substitute judges shall have special knowledge of the labour market and the foreign employment law and shall be of the Federal Chamber of Labour and of the Austrian Chamber of Commerce in the required number of .

(3) Within ten weeks after the appeal has been lodged, the competent regional office of the competent regional office may cancel, amend or reject the appeal or dismiss the appeal (decision of appeal).

(4) Complaints against the revocation of a safety certificate, an employment permit, a sending authorisation or a certificate of exemption shall have no suspensive effect. Complaints against the revocation of an employment permit may be granted suspensive effect.

(5) Furthermore, the provisions of the Administrative Court Procedure Law-VwGVG, BGBl apply. I No 33/2013. '

34. In § 25, the phrase " , the work permit or the Liberation Certificate " through the phrase "and a display confirmation issued in accordance with this Federal Act" replaced.

35. § 26 para. 1 second sentence reads:

" The employers and foreigners are obliged to provide the above mentioned authorities and institutions of the health insurance as well as the Federal Administrative Court with the information necessary for the implementation of this federal law and to enter into the necessary To grant access to documents. "

36. In § 26 (5), the expression "Permanent residence-EC" by the expression "Permanent residence-EU" replaced.

37. In § 27 (1) the word order shall be "the regional offices and the regional offices of the Labour Market Service" through the phrase "the business offices of the Labour Market Service and the Federal Administrative Court" and the phrase "the regional offices and the regional offices of the Labour Market Service" through the phrase "the business offices of the Labour Market Service and the Federal Administrative Court" replaced.

38. According to the phrase, section 27a (1) "the central coordination office for the control of illegal employment under this federal law and the labour contract law-adaptation law of the Federal Ministry of Finance" the phrase "and the Federal Administrative Court" and after the phrase "the central coordination office for the control of illegal employment under this federal law and the Labour Contract Law-Adaptation Act of the Federal Ministry of Finance" the phrase "and the Federal Administrative Court" inserted.

39. In § 27a (2), after the word order "the business offices of the labour market service" the phrase "and the Federal Administrative Court" and after the phrase "for the labour market service" the phrase "and the Federal Administrative Court" inserted.

40. In § 27a (3), the word order shall be "for the determination of the utilization of the federal maximum number" through the phrase " in order to comply with it in accordance with § 30 (2) of the Labour Market Service Act-AMSG, BGBl. No 313/1994, tasks which have been carried out ' and in Z 1 the word sequence "or a residence permit" permanent residence-EC "" through the phrase " , a "residence permit-artist" according to § 61 paragraph 1 Z 1 NAG, a residence permit "family member" or "permanent residence-EU" or a residence card or permanent residence card for nationals of an EEA citizen " replaced.

41. § 28 (1) reads:

" § 28. (1) Provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts (§ 28c), an administrative surrender shall be carried out and shall be punished by the district administrative authority,

1.

who

a)

, contrary to § 3, a foreigner for which neither an employment permit nor a confirmation of display has been issued or the "Red-White-Red Card", "Blue Card EU" or "Blue Card EU", which is not valid for the employment of this employment, has been issued. "residence permit-artist" or no "red-white-red-card plus", no "residence permit plus", no exemption certificate (§ 4c) or no residence permit "family member" or "permanent residence-EU", or

b)

Contrary to § 18, the work of a foreigner who is employed by a foreign employer without a company domiated in the territory of the Federal Republic of Germany, is entitled to work without an employment permit for the foreigner or a posting permit, or a confirmation of display has been issued, or

c)

preoccupied a foreigner for which neither an employment permit nor a confirmation of display or a confirmation of free movement was issued, in accordance with Section 32a (8) of this Regulation,

in the case of unauthorised employment of no more than three aliens for each unauthorised foreigner, with a fine of EUR 1 000 to EUR 10 000, in the case of the first and further repetition of EUR 2 000 to EUR 20 000, unauthorised employment of more than three aliens for each non-authorised foreigner with a fine of EUR 2 000 to EUR 20 000, in the case of the first and further repetition of EUR 4 000 to EUR 50 000;

2.

who

a)

, contrary to § 3 para. 4, a foreigner is employed without indicating the employment of the relevant regional office of the labour market service, or

b)

, contrary to Article 18 (5) or (6), the employment services of an expo take up, without the employment of the competent regional office of the labour market service being displayed in good time, or

c)

does not comply with its obligations pursuant to section 26 (1), or

d)

Contrary to Article 26 (2), the authorities and legal entities referred to in Article 26 (1) do not grant access to the premises, operating rooms, external work places and residence halls of the employees or to the operation of private roads, or

e)

Contrary to Article 26 (3), the conduct of the official act is impaired or

f)

Contrary to Section 26 (4) or (4a), the conduct of the acts is impaired,

with a fine of EUR 150 to EUR 5 000, in the case of the lit. c to f with a fine of EUR 2 500 to 8 000 euro;

3.

who

a)

, contrary to § 3 (6), a foreigner is employed without the permits or confirmations granted to him pursuant to this Federal Act to be made available for inspection in the holding, or

b)

the notifications provided for in Article 26 (5) shall not be reimbursed;

a fine of up to EUR 2 000;

4.

who

a)

Contrary to Article 18 (12), as a company with a registered office in another Member State of the European Economic Area, a foreigner is employed in Germany, or

b)

Contrary to the provisions of Article 18 (12), the employment services of an exportor who is posted to Austria by a company with a registered office in another Member State of the European Economic Area for work performance shall be entitled to:

although § 18 para. 12 Z 1 or 2 is not fulfilled and-in the case of lit. (b) no EU confirmation of posting has been issued, in the case of unauthorised employment of no more than three aliens for each unauthorised foreigner, with a fine of EUR 1 000 to EUR 10 000, in the case of the first and other Repetition of EUR 2 000 to EUR 20 000, in the case of unauthorised employment of more than three aliens for each unauthorised foreigner, with a fine of EUR 2 000 to EUR 20 000, in the case of the first and further repetition of EUR 4 000 to EUR 50 000;

5.

In contrast to section 32a (4), anyone who has unlimited access to the labour market pursuant to Section 32a (2) or (3) without confirmation of freedom of movement, with a fine of up to EUR 1 000, shall be employed. "

Section 28a (1) reads as follows:

" (1) The tax authority has in administrative criminal proceedings according to § 28 (1) Z 1, 4 and 5, according to § 28 paragraph 1 Z 2 lit. c to f, if the surrender relates to the monitoring of compliance with the provisions of this Federal Law by the tax authority, party position and is entitled to raise complaints against shedding as well as objection to criminal orders. The Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister of Finance are entitled to file a revision to the Administrative Court against decisions of the Administrative Courts of the Länder. The administrative courts of the Länder have to immediately transmit the copies of such decisions to the Federal Ministry of Labour, Social Affairs and Consumer Protection. "

43. In § 28a (2), the quote shall be: "§ 28 (1) (1), (5) and (6)" by quoting "§ 28 (1) (1), (4) and (5)" replaced.

44. In § 28b (1) the word order shall be "Date of modest and legal force" through the phrase "Date of decision and legal force" replaced.

§ 28b (4) reads as follows:

" (4) The administrative judicial authorities and the administrative courts of the Länder shall immediately transmit the copies of final decisions which they have issued in criminal proceedings pursuant to Section 28 (1) (1) (1) to the Federal Ministry of Finance. Similarly, they have issued copies of final decisions imposing a penalty in accordance with Section 28 (1) Z 1 against responsible agents within the meaning of the last sentence of section 9 (2) and 3 VStG, to the company to which the latter is responsible. The penalties provided for in paragraph 2 are to be attributed. The decision shall include an indication that, with the final punishment, the registration of the accused person and that undertaking to which the punishment is to be attributed is connected to the administrative criminal record. "

46. In § 28c, the last and last paragraph shall be awarded the sales names "(3)" and "(4)" .

47. § 30 (1), third to fifth sentence are:

" In the submission procedure, the tax authority has a party position and is entitled to raise complaints against shelling. The Federal Minister for Labour, Social Affairs and Consumer Protection is entitled to file a revision to the Administrative Court against decisions of the Administrative Courts of the Länder. The competent authorities shall immediately forward the copies of such decisions to the Federal Minister for Labour, Social Affairs and Consumer Protection. "

§ 30a reads:

" § 30a. The levy authority may apply for the withdrawal of industrial property for repeated unauthorised employment of foreigners. The tax authority has a party position in the proceedings and is entitled to raise complaints against insults. The Federal Minister for Labour, Social Affairs and Consumer Protection is entitled to file a revision to the Administrative Court against decisions of the Administrative Courts of the Länder. The competent authorities shall immediately forward the copies of such decisions to the Federal Minister for Labour, Social Affairs and Consumer Protection. "

Section VII, together with the heading, shall be deleted.

50. The following paragraphs 11 and 12 are added to § 32:

" (11) Before the entry into force of the Federal Law BGBl. No 72/2013 of work permits and exemption certificates shall remain valid until the expiry of their period of validity.

(12) Regulations, which prior to the entry into force of the Federal Law BGBl. I n ° 72/2013 pursuant to section 14 (3) of this Regulation have been adopted as regulations in accordance with Section 4 (4). "

Section 32a (2) Z 2 reads as follows:

" 2.

satisfy the requirements of § 15, or "

52. § 32a (5).

53. In section 32a (9), after the word order "as a specialist or key force" the phrase "or as an artist" inserted, the citation "in accordance with section IIa" by quoting "in accordance with Section III" and the phrase "such key forces" through the phrase "of specialist and key forces" replaced.

(54) The following paragraphs 11 and 12 are added to section 32a:

" (11) On the basis of the Treaty of Accession of the Republic of Croatia to the European Union, OJ L 327, 11.11.2009 No. 10., paragraphs 1 to 9 shall apply as from the accession of Croatia to the EU, as appropriate for nationals of the Republic of Croatia and for employers with registered offices in the Republic of Croatia. Croatian nationals who have been entitled to work throughout the Federal Republic of Germany until accession under § 17, shall be confirmed without further examination an unrestricted access to the labour market. (3) and (4) shall apply with the proviso that, in the first two years from the date of accession, unrestricted access to the labour market shall be confirmed to the members of the family referred to in that paragraph only if they are to be provided with the Croatian national, the already has unrestricted access to the labour market, on the day of accession or, if only later, at least eighteen months have had a common legal residence in the Federal territory. This period shall be deleted if the Croatian national has a "Red-White-Red-Card", a "Red-White-Red-Card plus", a "Blue Card EU" or a residence permit "Permanent Residence-EC" until accession.

(12) The provisions of paragraphs 1 to 9 shall apply to nationals of the Republic of Bulgaria and Romania and to employers with registered offices in those Member States from 1. Jänner 2014 no longer apply. Permissions granted to them under this Federal Act or confirmations to take up work will lose their validity at the end of 31 December 2013. "

55. The following paragraphs 42 and 43 are added to § 34:

" (42) § § 3 (1) to (3), 4 (1) Z 1, (3) (3) to (14) and (4) and (5), 4b, 4c (2), 6 (1), 7 (4) and (7), 11 (1), (12) and (14), together with the title, 17, 18 (10), 19 (1), (4), (5), (7) and (8), together with the heading, 20 and Heading, 20a, 20b, para. 1 and 2, 20c with headline, 20d with headline, 20e with headline, 20f including heading, 25, 26 para. 1 and 5, 27a para. 1 to 3, 28 para. 1, 28a para. 1 and 2, 28b para. 1 and 4, 28c, 30 para. 1, 30a, 32 para. 11 and 12, 32a Sections 2, 5 and 9 and 35 Z 1 and 2 as well as Section III, together with the title in the version of the Federal Law BGBl. I n ° 72/2013 will be 1. Jänner 2014 in force. § § 2 (8), 4 (3) Z 2, 3 and 4, 4a together with the title, 6 para. 3 and the sections IIb, IIc, III and VII together with the title in the version of the Federal Law BGBl. I n ° 98/2012 as well as § 12d, together with the title in the version of the Federal Law BGBl. I No 72/2013 will expire on 31 December 2013.

(43) A regulation pursuant to Section 4 (4) in the version of this Federal Act may already be issued from the date of the presentation of the Federal Law BGBl. I No 72/2013 following the date of adoption, but may not be adopted at the earliest with 1. Jänner 2014 will be put into effect. "

56. In § 35 Z 1, the quote "with regard to § 1 para. 2 lit. g" by quoting " with regard to § 1 para. 2 lit. g and with regard to § 20f, as far as the Federal Administrative Court is concerned, " replaced.

57. In § 35 Z 2, the quote "with regard to section IIa" by quoting "with regard to § § 20d and 20e" and the quote "with regard to § § 27 (3) and § 27a (3)" by quoting "with regard to § § 27 (3) and 27a (3) (3)" replaced.

Article 2

Amendment of the Disabled Persons Act

The disability employment law, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. In § 2 (1), the Z 4 and the Z 3 shall be deleted:

" 3.

Third-country nationals who are entitled to reside in Austria and to pursue employment in so far as they are nationals of third countries with regard to the conditions of dismissal under the law of the European Union of Austria Citizens must be treated in the same way. "

(2) The following paragraph 17 is added to § 25:

" (17) § 2 para. 1 Z 3 in the version of the Federal Law BGBl. I n ° 72/2013 is 1. Jänner 2014 in force; at the same time, Section 2 (1) Z 4 repeals. "

Section 25a (2) reads as follows:

" (2) The provisions of Section 2 (1) (1) (1) and (3) of Directive 2003 /109/EC of the Council of 25 November 2003 on the status of third-country nationals who are long-term residents, Directive 2004 /38/EC Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and to Directive 2011 /98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, "

Fischer

Faymann