Labour Law Amendment Act 2013 - 2013 Sräg

Original Language Title: Sozialrechts-Änderungsgesetz 2013 – SRÄG 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996577/sozialrechts-nderungsgesetz-2013--srg-2013.html

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67. Federal law that modifies the labour contract law adjustment Act, the operational staff and self-employment provisions Act, the agricultural work Act of 1984, the unemployment insurance law of 1977, the labour market Service Act, the labour market policy financing law, the General Law on social security, the labour Constitution Act and operating pension law (Labour Law Amendment Act 2013 - SRÄG 2013)

The National Council has decided:

Contents art.                                                                                                    Subject 1 amendment to the labor contract law adjustment Act 2 change of company employees and self-employed persons Pension Act 3 amendment to the agricultural work Act 1984 4 amendment to the unemployment insurance Act 1977 5 amendment of the labour market Service Act 6 amendment of the labour market policy financing Act 7 amendment to the General Social Security Act 8 amendment of the labour Constitution Act 9 amendment of operating pension Act article 1

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:

1. According to article 11, paragraph 3, the following paragraph 3a is inserted:

"(3a) for the period of the framework referred to in paragraph 1 arrangements on an education part time are ineffective, according to § 11a and about an exemption against elimination of work remuneration according to § 12" Notwithstanding, a one-time change of educational leave to education part time in accordance with the following rates is allowed. Was in the agreement the maximum duration of the educational leave of one year not exhausted education part-time at most in the double amount of the non ausgeschoepften part can be agreed at point of educational leave for more the part period. The minimum duration of the education part time must be four months."

2. pursuant to section 11, 11a the following paragraph with heading shall be inserted:

"Education part time

section 11a. (1) an employee and employer may in writing a reduction of the weekly normal working hours of the employee or of the employee by at least a quarter and more than half (part time) for a period of at least four months agree to up to two years, provided that the employment relationship has continuously lasted six months. The weekly normal working hours agreed to in the education part time must not be less than ten hours. A renewed education part time can be arranged at the earliest after the expiry of four years from the start of the last education part time (part time). The education part time can also be arranged in parts where the duration of a part has to be at least four months and the total duration of the individual parts within the frame period that starts to run, with the arrival of the first part of the education part time must not exceed two years.

(2) the agreement must include extent and location of part-time employment, taking into account the corporate interests and the interests of the employee or of the employee beginning, duration, referred to in paragraph 1. In establishments where a Works Council responsible for the employee is set up, this is the negotiations to take at the request of the employee or of the employee.

(3) for the period of the framework referred to in paragraph 1 an educational leave arrangements are ineffective; according to § 11 and about an exemption against elimination of work remuneration according to § 12 Notwithstanding, a one-time change of education part time to educational leave is allowed in accordance with the following rates. Was in the agreement the maximum duration of education part time two years not exhausted, educational leave may be agreed in place education part-time for more the frame period at most in the half amount of the non ausgeschoepften part. The minimum duration of the educational leave must exceed two months.

(4) fall within a calendar year also times an education part time, fees / employee other, especially non-recurring remuneration within the meaning of section 67, paragraph 1 EStG 1988 to the extent corresponding to the full-time and part-time employment during the calendar year.

(5) In addition § 11 is par. 1a, apply by analogy to § 3 and § 4."

3. in article 12, the phrase "article 11 paragraph 2 to 4" by the phrase "article 11 par. 2, 3 and 4" will be replaced.

4. § 19 para 1 shall be added following Z 28: "28 § 11 par. 3a, § 11a heading and section 12 as amended by Federal Law Gazette I no. 67/2013 with 1 July 2013 into force."

Article 2

Change of company employees and self-employed persons Pension Act

The operational staff and self-employed Pension Act, Federal Law Gazette I no. 100/2002, as last amended by the Federal Act Federal Law Gazette I no. 4/2013, is amended as follows:

1 in article 6 par. 4, the expression is "the solidarity bonus model according to section 13 of the labour contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993," by the expression "an education part time according to § 11a of the labor contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, of the solidarity bonus model in accordance with § 13 AVRAG," replaced.

2. § 73 20 the following paragraph is added:

"(20) section 6 (4) in the version of Federal Law Gazette I no. 67/2013 effective with July 1, 2013."

Article 3

Amendment to the agricultural work Act 1984

The agricultural work Act 1984, BGBl. No. 287/1984, as last amended by Federal Law Gazette I no. 4/2013, is amended as follows:

1. (principle of determination) the heading to section 39e is as follows:

"Educational leave and education part time"

2. (principle of determination) according to section 39e paragraph 3 is inserted the following paragraph 3a:

"(3a) for the period of the framework referred to in paragraph 1 arrangements on an education part-time after para 5 and about an exemption against elimination of work remuneration according to section 39f are ineffective;" Notwithstanding, a one-time change of educational leave to education part time in accordance with the following rates is allowed. Was in the agreement the maximum duration of the educational leave of one year not exhausted education part-time at most in the double amount of the non ausgeschoepften part can be agreed at point of educational leave for more the part period. The minimum duration of the education part time must be four months."

3. (determination of principle of) section 39e be added following paragraph 5 to 9:

"(5) employee and employer may in writing a reduction of the weekly normal working hours of the service's by at least a quarter and more than half (part time) for a period of at least four months agree up to two years, provided that the employment relationship has continuously lasted six months." The weekly normal working hours agreed to in the education part time must not be less than ten hours. A renewed education part time can be arranged at the earliest after the expiry of four years from the start of the last education part time (part time). The education part time can be arranged in parts, where the duration of part has to be at least four months, and the total duration of the individual parts within the frame period begins to run with the arrival of the first part of the education part time, not exceeding two years.

(6) the agreement must include extent and location of part-time employment, taking into account the corporate interests and the interests of the service's beginning, duration, according to paragraph 5. In establishments where a Works Council responsible for the employee is set up, this is the negotiations to take service holder.

(7) for the duration of the frame period under paragraph 5, agreements on an educational leave are ineffective according to section 39f referred to in paragraph 1 and on an exemption against elimination of labour remuneration; Notwithstanding, a one-time change of education part time to educational leave is allowed in accordance with the following rates. Was in the agreement the maximum duration of education part time two years not exhausted, educational leave may be agreed in place education part-time for more the frame period at most in the half amount of the non ausgeschoepften part. The minimum duration of the educational leave must exceed two months.

(8) times an education part time, fall within a calendar year other, especially non-recurring remuneration within the meaning of section 67, paragraph 1 fees the employees EStG 1988 to the extent corresponding to the full-time and part-time employment during the calendar year.

(9) Furthermore paragraph 1a are, mutatis mutandis apply paragraph 3 and paragraph 4 on the education part time."

4. (determination of principle of) in section 39f, the quote "section 39e para 2 to 4" "section 39e, para 2, 3 and 4" is replaced by the quote.

5. (determination of principle of) § 39j section 4 will be after the quotation "BGBl. No. 609/1977," inserted the phrase "an education part time after section 39e para 5,".

6. (directly applicable federal law) § 285 54 the following paragraph shall be added:

"(54) (directly applicable federal law) the implementing legislation of the countries to the heading of section 39e, to section 39e I no. 67/2013, are paragraph 3a and 5 to 9, section 39f and § 39j section 4, as amended by Federal Law Gazette to adopt within six months after the day following the announcement."

Article 4


Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609/1977, as last amended by Federal Law Gazette I no. 3/2013, is amended as follows:

1. paragraph 6 ABS. 1 and 2:

"(1) as cash benefits from the unemployment insurance provided: 1 unemployment;"

2. emergency assistance;

3. percentages of benefits from the pension insurance;

4. further training allowance;

5. education part time money;

6 age part-time money;

7 transitional allowance after retirement;

8 transitional allowance;

9 retraining money.

(2) as insurance unemployment insurance are granted: 1. health insurance for recipients of benefits pursuant to para 1 Z 1 to 5 and 7 to 9;

2. accident insurance for recipients of benefits pursuant to para 1 Nos. 1, 2, 4, 5, and 9 in accordance with § 40a;

3. pension insurance for recipients of benefits pursuant to para 1 Nos. 1, 2, 4, 5 and 7 to 9;

4. health insurance and pension insurance for persons who received no emergency assistance exclusively for imputation of income of the partner or the partner."

2. § 7 para 3 No. 2 is: "2. that authorized in the Federal territory is, to take up gainful employment and to perform as well as, if your employment only after obtaining a work permit is permitted, none of these in accordance with § 4 para 1 last no. 218/1975, opposing important reasons such as in particular repeated violations as a result of employment without a work permit during the Z 3 of the aliens Employment Act, Federal Law Gazette 12 months are available."

3. in the section 14 paragraph 7, § 15 para 1 Nos. 6 and § 50 para 1 last sentence AlVG for the phrase "Further training allowance" each of the expression "or education part time money" inserted.

4. § 16 par. 1 lit. is j: j) the cover of further training allowance or education part time money or a professional scholarship, 5. § 21 para 1 seventh sentence reads:

"Annual contribution fundamentals remain out of consideration, if these are lower than the otherwise to be used year contribution bases and one or several of the following periods include: 1. periods of insurance in accordance with § 1 para 1 lit." e (aid workers);

2. periods of insurance in accordance with article 4, paragraph 1 Z 4 (interns) or Z 5 (nursing students) ASVG;

3. periods of cover of parental leave money, childcare allowance, combined wage (§ 34a AMSG) or education part time (§ 26a AlVG);

"4. periods of reduction of normal working time for the purposes of the terminal care of a close relative or the accompaniment of a heavily diseased child pursuant to § 14a or § 14 b of the labour contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993, or a similar system."

6 paragraph 26 paragraph 1:

"(1) persons who take an educational leave in accordance with § 11 or an exemption against elimination of work remuneration in accordance with §12 AVRAG claim and meet the entitlement to unemployment benefit, deserves for the agreed period a further training allowance in the amount of unemployment benefit, but at least in the amount of the childcare allowance pursuant to § 3 para 1 KBGG, in fulfilment of the following conditions: 1. when an educational leave in accordance with § 11 AVRAG must be shown taking part in a training programme essentially corresponding to the period of educational leave." The extent of the training must be at least 20 hours a week, for people with care obligations for children up to the seventh age, no longer support possibility for that, at least 16 hours a week. The training includes only a smaller number of hours per week, to prove that additional learning and practice times to such an extent are needed to attain the objective of education, overall there is a comparable temporal load is. Practical training may not take place at Karen secondary employer, except that the training is only possible.

2. in the case of an exemption against elimination of work remuneration in accordance with section, the setting of a not only marginally employed replacement worker who previously has related unemployment benefit or emergency assistance, must be demonstrated to 12 AVRAG.

3. within a frame period of four years further training allowance, is available regardless of whether is an educational leave or an exemption against loss of earnings, total no more than a year. When the training course in parts, training money continues is available within a frame period of four years. So was the framework deadline education part time money (section 26a) already, the period involving education part time money to offset half the period for further training allowance is. Fractions of days remain unconsidered. The entitlement is only for the first use of training money or education part time during the four year period. Education part time money was included within the frame period first, the further training allowance at the time of the first assertion of the education money is be measured within the four year period.

4. prior to receipt of the educational leave the full-time person of now karenzierten employment must have been continuously six months unemployed resident employed; When a fixed-term employment relationship in a season she must have been continuously three months unemployed resident employed.

5. training in the form of studies on one in the section 3 of the study support Act 1992 (StudFG), is BGBl. No. 305/1992, mentioned institution, proof of the passing of exams from mandatory and elective courses in a total of four hours or to the extent of 8 ECTS points or other appropriate success proof shall after each six months (after each semester) (such as, for example, passing the diploma or the Rigorosums or confirmation of the progress and expected positive completion of a thesis or other thesis) to provide. The evidence is independent of a change of the institution or his studies by acknowledgments to provide facilities referred to in StudFG in § 3. Who does not provide proof, lose the right to continuing education money for the further possible reference period the framework deadline in accordance with no. 3. The employment service has after hearing of the Regional Advisory Board. claim loss to see if taking into account-worthy reasons for not providing the necessary evidence, in particular if these are due to unforeseeable and unavoidable events or circumstances'

7 paragraph 26a together with the heading:

"Education part time money

Article 26a. (1) persons who take an education part time in accordance with section 11a of the AVRAG claim and meet the entitlement to unemployment benefit, an education part time money on fulfilment of the following conditions is due for the agreed duration: 1 is taking part in a training programme essentially corresponding to the duration of the education part time to prove. The extent of the training must be at least ten hours per week. The training includes only a smaller number of hours per week, to prove that additional learning and practice times to such an extent are needed to attain the objective of education, overall there is a comparable temporal load is. Practical training may not take place at the same employer, except that the training is only possible.

2. within a frame period of four years, education part time money can be obtained a total maximum of two years. When the training course in parts, education part time money continues is available within a frame period of four years. Was the framework deadline already further training allowance, the period involving further training allowance to offset twice the reference period for education part time money is so. The entitlement is only for the first use of training money or education part time during the four year period.

3. prior to the reduction of working time, the respective weekly normal working hours must have been continuous six months, a temporary employment in a seasonal operating continuously for three months the same high. The fees generated from the employment relationship must be ASVG in this period as well as during the education part time over the salary limit pursuant to § 5 para 2.

4.

Continuing education in the form of studies on one in the section 3 of the study support Act 1992 (StudFG), is BGBl. No. 305/1992, mentioned institution, proof of the passing of exams from mandatory and elective courses in a total of two hours or to the extent of four ECTS points or other appropriate success proof shall after each six months (after each semester) (such as, for example, passing the diploma or the Rigorosums or confirmation of the progress and expected positive completion of a thesis or other thesis) to provide. The evidence is independent of a change of the institution or his studies by acknowledgments to provide facilities referred to in StudFG in § 3. Who does not provide proof, lose the right to education part time money for the further possible reference period within the frame period referred to in item 2. The employment service has the claim loss to see if taking into account-worthy reasons for not providing the necessary evidence, in particular if these are due to unforeseeable and unavoidable events or circumstances after hearing of the Regional Advisory Board.

5. the application of education part time money has if at all possible before the agreed education part time to take place. Right to education part time money for periods in which is a) in establishments including 50 unemployed resident workers employed four workers and b) in enterprises with over 50 resident unemployed employed workers more than 8 vH of the workforce already in education part time and related education part time money, exists only if the Regional Advisory Board of the labour market service by majority decision agrees with exceeded these thresholds.

6 with the application for education part time money is required to submit a written statement of the employer who has to contain the following information: a) number of the operation included unemployed resident employed workers at the time of the last prior to the submission of the first month, b) number of workers unemployed resident engaged in the operation, with which an education agreement was concluded, whose term at the time of the commencement of the part-time agreement underlying the request for education part time money to actually has already begun or will begin , c) extent of the respective weekly normal working hours in the last six (three) months prior to the reduction of normal working time, d) extent the respective weekly normal working hours from the start of the education part time.

(2) the education part time money is €0,76 / day for each full working hour, reduced the weekly normal working hours. Fractions of an hour are not compensated. The education part time money is annually, for the first time for the year 2015, in accordance with section 108f ASVG adjustment factor to multiply and to complete business on a dime. Is education part time in parts of claim and the extent of the reduced weekly normal working hours, changes in the education part time money is each new be measured.

(3) in the case of presence of other employment or of self-employment, no education part time money goes to, unless that article 12 paragraph 6 lit. a, b, c, d, e, or g (de minimis) is true.

(4) in the case of solution of employment during the education part time, the right to education part time money ends with end of employment. If the employment relationship has been solved by the employer and the requirements for obtaining further training allowance with the exception of the educational leave are, can after deduction (deduction pursuant to section 26 paragraph 1 Z 3) of already unused reference times for the yet unused reference period further training allowance claims are. In this case, it is as soon as possible, at the latest within three months to raise the level of training on the minimum extent applicable to the right to further training allowance. Success proof applicable to the right to education money is continuing education in the form of studies takes place at the latest for the next semester to provide.

Paragraph 2 and 5 to 8 shall apply with the proviso that the education part time money takes the place of further education money. (5) section 26'

8 § 36a para 3 is as follows:

"(3) the income according to § 2 par. 2 EStG 1988 are the following amounts must be added: 1. tax-free withdrawals in accordance with article 3 para. 1 No. 4 lit." a and lit. e, Z 5 lit. a to d, Z 8 to 12, Z 22 to 24 and Z 32, § 29 Z 1 second sentence EStG 1988;

2. the amounts according to the § § 10, 18 para 6 and 7, 24 ABS. 4 and 41 para 3 EStG 1988, as far as they were; deducted in determining the income

"3. Special supports the special support Act, Federal Law Gazette No. 642/1973."

9 paragraph 40:

"40. (1) the people receiving services pursuant to section 6 para 1 are Z 1 to 5 and 7 to 9 during the performance reference at the regional health insurance fund of where they live have health insurance. The regulations of the General Social Security Act on the statutory health insurance apply for this insurance covered, insofar as it is not otherwise specified in the following provisions.

(2) by way of derogation from paragraph 1 persons who were covered by health insurance during their last claim service relationship with the insurance institution for railroads and mining, this insurance company, as well as beneficiaries who were covered by medical insurance during the last claim employment at a company health insurance plan, are at this company health insurance, health insurance, her unemployment benefit for a period pursuant to § 18 para 2 lit. b or c or for a prolonged period according to § 18 paragraph 5 or retraining money. This also applies when referenced after the exhaustion of the duration of such performance of emergency assistance or an entitlement to health insurance pursuant to article 34. By way of derogation from paragraph 1, people who related education part time money, in that health insurance carriers assured where they are insured on the basis of their employment contract are also.

"(3) the recipients of services pursuant to § 6 paragraph 1 Z 1 to 3 and 7 to 9 are also during the time between the end of entitlement to health insurance benefits and the beginning (new start) of the entitlement to a benefit pursuant to § 6 paragraph 1 Z 1 to 3 and 7 to 9 missing protection period according to § 122 para 2 Z 2 ASVG for no longer than six weeks in the same way as during the protection period of § 122 para 2 ASVG health insurance."

10 paragraph 40a:

"§ 40a. Participation in, a measure of demand and retraining and reintegration into the labour market on behalf of the labour market service and during a reference period according to § 18 para 5 as a result of participation in a measure approved by the labour market service and while participating in a vocational rehabilitation measures are persons who receive unemployment benefit, emergency assistance, or retraining money as participants of training courses in the sense of § 8 para 1 No. 3 lit. c ASVG. The same applies to persons who receive further training allowance or education part time money. By way of derogation by article 74, paragraph 2 ASVG considered contribution basis each related performance under this Federal Act. By way of derogation by article 74 para. 3 Z 2 ASVG are contributions from funds for unemployment insurance denied. The Regional Office has to reimburse. messages included whether the employer"

11 § 41 para 1 first and second sentence reads:

"Sickness benefit is due in the amount of the last related benefits (in accordance with § 6 para 1 Nos. 1, 2, 3 if requested a performance pursuant to § 23 paragraph 1 Z 2, 4, 5, 7, 8 and 9) according to this federal law, regardless of any additional amount according to § 20 paragraph 6." "As a weekly allowance an amount of the power cover increased to 80 vH deserves under this Federal Act, when recipients of training money or education part time but in height, the pursuant to section 162 para 3 and 4 ASVG the earnings arising from, preceding the purchase of training money or education part time."

12 paragraph 79 paragraph 129:

"(129) § 1 para 1, § 7 para 4, § 8, § 10 para 4, § 14 para 4, § 15 para 1 Nos. 4 and para. 3 Z 1, article 16, paragraph 1, section 3 b (§ 39b together with heading) as well as the headings I 3/2013 No. against article 41 and article 42 and article 83 paragraph 5 in the version of Federal Law Gazette with 1 January 2014 into force." "Article 6, paragraph 1 and 2, § 40, 40a § and § 41 para 1 first sentence as amended by Federal Law Gazette I no. 3/2013 I become due to entry into force given in paragraph 130 amending these provisions by the Federal Act Federal Law Gazette No. 67/2013 not in force."

13. the section 79 will be added following paragraph 130 to 132:

"(130) the §§ 6 para 1 and 2, 40, 40a and 41 para 1 first sentence as amended by Federal Law Gazette I no. 67/2013 in terms of retraining money with 1 January 2014 and to the other rules with 1 July 2013 into force."


(131) the §§ 7 para 3 Z 2, 14 paragraph of 7, 15 para 1 No. of 6, 16 para 1 lit. j, 21 para 1 of the seventh sentence, 36a para 3, 40, 40a, 41 para 1 second sentence, 50 para 1 last sentence and article 83 paragraph 6 as amended by Federal Law Gazette I no. 67/2013 apply with 1 July 2013.

(132) which together with sections 26 (1) and 26a heading as amended by Federal Law Gazette I no. 67/2013 with 1 July 2013 into force and apply to claims for further training allowance and education part time money for periods after June 30, 2013. You continue to apply for any further training allowance, claims that have already started prior to the expiration of 30 June 2013, on 30 June 2013 applicable regulations even after June 30, 2013."

14 the following paragraph 6 is added to section the 83:

"(6) the Austrian labour market service has to evaluate the impact and the development of the use of education part time money introduced in 1 July 2013 according to section 26a in 2014 and to report to the Federal Minister of labour, Social Affairs and consumer protection about the results."

Article 5

Amendment of the labour market Service Act

The labour market Service Act, Federal Law Gazette No. 313/1994, as last amended by Federal Law Gazette I no. 3/2013, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 34a:

"article 34 b professional scholarship" 2. In the table of contents the following entry is added after the entry for section 79:

"§ 80 evaluation" 3. The following section is inserted after section 34a 34B with heading:

"Professional scholarship

Article 34 b. (1) workers or unemployed persons, for the duration of a specialist training scholarship receive, if they fulfil the following: 1. at least four years unemployed must employed or pension must self-employment within the last 15 years.

2. unemployment or Karen cation of the existing service relationship (or rest of self-employment) for the duration of the training;

3. qualification under the level of the University of applied sciences;

4. proof of passing entrance examination or the fulfilment of the other recording requirements, or if no such requirements for the completion of an educational and career counselling as well as the Glaubhaftmachung of fitness for a directive in accordance with paragraph 3 corresponding to full-time training with a formal education.

5. proof of the training progress.

(2) If a person can successfully finish the training, doubts before the start of training this should be appropriately, as in the way of an upstream vocational orientation phase, to clarify.

(3) the Board of Directors has set those trainings which are labour market policy can likely on a proposal of the Executive Board in a policy. These are in particular those qualifications (professions) to take into account, on which the labour market there is a shortage. The selection has, taking into account labour market and occupational forecasts to be made. Offered such courses at an educational institution, whose teaching programs lead to nationally recognised teaching objectives, they must be transported by a professional scholarship. Tertiary education (studies at universities or universities of applied sciences) are not eligible with the specialist scholarship. The Board of Directors has to set further guidelines with regard to the detailed requirements of specialist scholarship on proposal of the Board. The guidelines shall require the consent of the Federal Minister for labour, Social Affairs and consumer protection. The guidelines are published in the Internet on the homepage of the labour market service.

(4) the scholarship goes to for the duration of the participation in the training, each no longer than for six months and total for no longer than three years. It is daily a thirtieth of the compensatory allowance units for a single person in accordance with article 293, paragraph 1 lit. a sublit. BB ASVG, less of the health insurance contribution, without boost amount. Training free times (holidays, exam preparation lessons) stop the reference only, if the extent of more than three months per year. A slightly insured employment in addition to the scholarship is possible.

(5) the scholarship is considered assistance covering the living for the health, accident and pension insurance. In case of illness the scholarship for the first 21 days of the disease will be granted further and deserves no sickness benefit for this period. In addition to aid to cover the livelihood requirements for specialist grants apply, insofar as no special arrangements have been made.

(6 the labour market service) recipients of grants are obliged all circumstances and events that are participating in the training against or prevent successful completion must be notified immediately. There are no longer the conditions for a successful completion of the training, the scholarship is set. The recovery of the scholarship section 38 applies AMSG."

29 the following paragraph is added to § 4. 78:

"I no. 67/2013 (29) the table of contents and section 34 b and section 80 and headings in the version of Federal Law Gazette with 1 July 2013 into force. Guidelines pursuant to article 34 may apply already 1 July 2013 b paragraph 4 from the day after the announcement that federal law be enacted at the earliest with."

5. According to article 79, the following section 80 and heading is attached:

"Evaluation

section 80. The Austrian labour market service has to evaluate the impact and the development of the use of specialist scholarship established by 1 July 2013 pursuant to article 34 b in the year 2014 and to report to the Federal Minister of labour, Social Affairs and consumer protection about the results."

Article 6

Amendment of the labour market policy financing Act

The labour market policy financing Act, Federal Law Gazette No. 315/1994, as last amended by Federal Law Gazette I no. 3/2013, is amended as follows:

1. paragraph 1 para 3:

"(3) subsidies for short-time work in accordance with section 37B AMSG and subsidies for short-time working with qualification in accordance with § 37 c AMSG and other aid under the AMSG in particular activation aid and professional scholarships pursuant to § 34 can b AMSG from the expenditure earmarked for services after the AlVG are covered."

2. the heading before section 13 is as follows:

"Financial cover certain aid under the AMSG"

3. paragraph 13:

"§ 13. In the years 2011-2014 are spending for activation aid in accordance with § 37d AMSG, aid for short-time work in accordance with section 37B AMSG and for subsidies for short-time working with qualification in accordance with § 37 c AMSG readers after the A1VG to handle. B AMSG as expenditure in the years 2013 and 2014 are expenditure on specialist scholarships pursuant to article 34 after the A1VG to handle. An upper limit shall apply to the covering of activation aid in the year 2012 €76 million and amounts to €56 million in the remaining years. An upper limit of €25 million is for the covering of technician scholarships annually."

51 the following paragraph is added to § 4. 10:

"(51) I will take no. 67/2013 article 1, paragraph 3 and article 13 together with the heading as amended by Federal Law Gazette 1 July 2013 effect."

Article 7

Change of the General Social Security Act

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 4/2013, is amended as follows:

1. § 44 para 1 No. 13 lit. d: "d) for procurement of special assistance under the special assistance act or an education part time money or aid to cover the livelihood (also in the form of specialist scholarship) this money;"

2. According to § 671, 672 the following section including headline is attached:

"Final provision to article 7 of the Federal Act Federal Law Gazette I no. 67/2013"

§ 672 article 44 paragraph 1 Z 13 lit. (d) in the version of Federal Law Gazette I no. 67/2013 effective with July 1, 2013."

Article 8

Amendment of the labour Constitution Act

The labour Constitution Act, Federal Law Gazette No. 22/1974, amended by Federal Law Gazette I no. 98/2012, is amended as follows:

1 the following sentence is added to in section 114, paragraph 1:

"The transfer may be revoked at any time, with regard to standing in handling Affairs but only for important reasons,."

2 the following sentence is added to in section 114, paragraph 2:

"The transfer may be revoked in accordance with paragraph 1."

3. § 264 28 the following paragraph is added:

"(28) article 114, paragraph 1 and 2 in the version of Federal Law Gazette I no. 67/2013 effective with July 1, 2013."

Article 9

Amendment of operating pension Act

The operating pension Act, Federal Law Gazette No. 282/1990, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1 in the article 3 par. 4 of the expression is "sections 13, 14, 14a or 14 b AVRAG" by the expression "sections 11a, 13, 14, 14a or 14B AVRAG" replaced.

2. in the section 6a, subsection 4, the expression is "sections 13, 14, 14a or 14 b AVRAG" by the expression "sections 11a, 13, 14, 14a or 14B AVRAG" replaced.

3. pursuant to article VI paragraph 1 Z 11 is appended following Z 12: "12 § 3 section 4 and section 6a (4) as amended by Federal Law Gazette I no. 67/2013 with 1 July 2013 into force."

Fischer

Faymann