Labour Law Amendment Act 2013 - 2013 Sräg

Original Language Title: Sozialrechts-Änderungsgesetz 2013 – SRÄG 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

67. Federal Law, with which the Labour Contract Law Adaptation Act, the Operating Labor and Self-Employment Services Act, the Landarbeitsgesetz 1984, the unemployment insurance law 1977, the Labour Market Service Act, the Labour Market Policy-Financing Act, the General Social Insurance Act, the Labour Constitution Act and the Law on the Law of the State of Employment (Social Rights-Amendment Act 2013-SRÄG 2013)

The National Council has decided:

table of contents

Art. Subject matter

1

Amendment of the Working Contract Law Adaptation Act

2

Change of company employee and self-employment law

3

Amendment of the Land Labour Act 1984

4

Amendment of the 1977 Unemployment Insurance Act

5

Amendment of the Labour Market Service Act

6

Change of Labour Market Policy-Finance Law

7

Amendment of the General Social Insurance Act

8

Amendment of the Labour Constitution Act

9

Amendment of the Law on the Law of the State

Article 1

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I n ° 98/2012, shall be amended as follows:

1. According to Article 11 (3), the following paragraph 3a is inserted:

" (3a) For the duration of the frame period referred to in paragraph 1, agreements relating to a part-time period in accordance with Section 11a and to an exemption against the cancellation of the remuneration in accordance with § 12 shall be ineffective; by way of derogation, a one-time change of educational karence shall be required. Image part time is allowed in accordance with the following rates. If the maximum permissible duration of one year of education has not been exhausted in the agreement, it is possible, in place of education karence for the further duration of the frame period, to take up to a maximum of two times the extent of the non-exhaustive period of time. Some of them are agreed. The minimum duration of the education period must be four months. "

2. In accordance with § 11, the following § 11a including the heading is inserted:

" Image Part Time

§ 11a. (1) Employees and employers may write a reduction in the weekly working time of the worker or the employee by at least one quarter and a maximum of half (part time) for the duration of at least four months up to two years, provided that the employment relationship has lasted for six months. The weekly normal working time agreed in the part-time period shall not be less than ten hours. A new part-time period can be agreed at the earliest after the expiry of four years from the start of the last part-time period (frame period). The period of education may also be agreed in parts, the duration of one part being at least four months and the total duration of the individual parts within the frame period, which shall be the entry of the first part of the part-time period. shall be allowed to run for two years.

(2) The agreement referred to in paragraph 1 shall include the beginning, duration, extent and position of part-time employment, taking into account the operational interests and the interests of the worker or the worker. In establishments in which a works council responsible for the worker/worker is established, it shall be annexed to the negotiations at the request of the worker or the worker.

(3) For the duration of the frame period referred to in paragraph 1, agreements concerning an educational karence pursuant to § 11 and an exemption against the cancellation of the remuneration of the work pursuant to § 12 shall be ineffective; by way of derogation, a one-time change of the period of education shall be Formation carence is allowed according to the following rates. If the agreement has not exhausted the maximum duration of the two-year period, it may, in place of a period of education for the further duration of the frame period, be able to provide a maximum of half of the non-exhaustive part of the period of education. shall be agreed. The minimum duration of education must be two months.

(4) Fallen in a calendar year also periods of a period of education, fees paid to the worker (s) in other, in particular one-time, references within the meaning of Article 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the Calendar year.

(5) In addition, Section 11 (1a), (3) and (4) shall apply in a reasonable way. "

3. In § 12, the word order shall be "§ 11 (2) to (4)" through the phrase "§ 11 (2), (3) and (4)" replaced.

4. § 19 (1) the following Z 28 is added:

" 28.

Section 11 (3a), § 11a and the title and § 12 in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. "

Article 2

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 4/2013, shall be amended as follows:

1. In § 6 (4), the expression " the solidarity premium model according to § 13 of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, " by the expression " a part-time period according to § 11a of the Labour Contract Law Adaptation Act (AVRAG), Federal Law Gazette (BGBl). No. 459/1993, of the Solidarity Premium Model according to § 13 AVRAG, " replaced.

2. § 73 the following paragraph 20 is added:

" (20) § 6 (4) in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. "

Article 3

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287/1984, as last amended by the Federal Law BGBl. I n ° 4/2013, shall be amended as follows:

1. (Policy determination) The heading to § 39e is:

"Education and educational participation"

2. (Policy determination) In accordance with Article 39e (3), the following paragraph 3a is inserted:

" (3a) For the duration of the frame period referred to in paragraph 1, agreements relating to a part-time period as defined in paragraph 5 and to an exemption against the apportion of the remuneration in accordance with Section 39f shall be ineffective; by way of derogation, a one-time change of educational karence shall be at the time of the frame, depending on the following rates. If the maximum permissible duration of one year of education has not been exhausted in the agreement, it is possible, in place of education karence for the further duration of the frame period, to take up to a maximum of two times the extent of the non-exhaustive period of time. Some of them are agreed. The minimum duration of the education period must be four months. "

3. (Policy determination) Section 39e shall be added to the following paragraphs 5 to 9:

" (5) Service takers and service providers may write a reduction in the weekly normal working time of the employee by at least one quarter and at most half (part time) for the period of at least four months to two years. , provided that the service has lasted for a continuous period of six months. The weekly normal working time agreed in the part-time period shall not be less than ten hours. A new part-time period can be agreed at the earliest after the expiry of four years from the start of the last part-time period (frame period). The period of education may also be agreed in parts, the duration of one part being at least four months and the total duration of the individual parts within the frame period, which shall be the entry of the first part of the part-time period. shall be allowed to run for two years.

(6) The agreement referred to in paragraph 5 shall include the beginning, duration, extent and position of part-time employment, taking into account the operational interests and the interests of the service provider. In establishments in which a works council responsible for the service is set up, it shall be accompanied by the negotiations at the request of the service provider.

(7) For the duration of the frame period provided for in paragraph 5, agreements concerning an educational karence pursuant to para. 1 and an exemption against the cancellation of the remuneration in accordance with Section 39f shall be ineffective; by way of derogation, a one-time change of part-time period shall be taken into account. Formation carence is allowed according to the following rates. If the agreement has not exhausted the maximum duration of the two-year period, it may, in place of a period of education for the further duration of the frame period, be able to provide a maximum of half of the non-exhaustive part of the period of education. shall be agreed. The minimum duration of education must be two months.

(8) Fallen in a calendar year also times of part-time, fees paid to the service-taker other, in particular one-time remuneration within the meaning of § 67 (1) EStG 1988 in the extent corresponding to full-time and part-time employment in the calendar year.

(9) In addition, paragraph 1 (a), (3) and (4) shall apply mutatily to the part-time period. "

4. (Policy determination) In § 39f, the quote is "§ 39e (2) to (4)" by quoting "§ 39e (2), (3) and (4)" replaced.

5. (Policy determination) Section 39j (4) shall be referred to after the " BGBl. N ° 609/1977, " the phrase "a part-time period in accordance with section 39e (5)," inserted.

6. (Federal Law Applicable directly) Section 285 is added to the following paragraph 54:

" (54) (Federal Law Applicable directly) The laws of execution of the Länder for the title of § 39e, § 39e (3a) and (5) to (9), § 39f as well as section 39j (4), as amended by the Federal Law BGBl. I No 67/2013, shall be adopted within six months of the date of the act of the customer. '

Article 4

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. § 6 (1) and (2) reads:

" (1) As cash benefits from unemployment insurance are granted:

1.

Unemployment benefit;

2.

Emergency assistance;

3.

the advance of benefits from pension insurance;

4.

Training allowance;

5.

Part-time allowance;

6.

old part-time allowance;

7.

Transitional allowance after part-time period;

8.

Transitional allowance;

9.

Enrolment money.

(2) Insurance from the unemployment insurance scheme shall be granted:

1.

sickness insurance for recipients of benefits under subsection (1) (1) to (5) and (7) to (9);

2.

Accident insurance for recipients of benefits pursuant to paragraphs 1, Z 1, 2, 4, 5 and 9 in accordance with § 40a;

3.

Pension insurance for recipients of benefits under subsection 1 Z 1, 2, 4, 5 and 7 to 9;

4.

Sickness insurance and pension insurance for persons who do not receive emergency assistance solely on account of the income of the partner or of the partner. "

2. § 7 (3) Z 2 reads:

" 2.

which is entitled in the Federal territory to take up and pursue employment as an employed person and, if it is permitted to employ an employment permit only after the granting of an employment permit, none of the employment rights pursuant to § 4 (1) Z 3 of the Foreigners Employment Act, BGBl. No 218/1975, there are important reasons, such as, in particular, repeated infringements as a result of the exercise of employment without an employment permit during the last twelve months. '

3. In § 14 (7), § 15 (1) (6) and 50 (1) of the last sentence of the AlVG, the following is stated: "Training allowance" each expression "or part-time allowance" inserted.

4. § 16 para. 1 lit. j is:

" j)

the payment of training allowance or part-time allowance or a specialist training grant, "

5. § 21 (1) seventh sentence reads:

" Annual contribution bases shall not be taken into account if they are lower than the annual financial contribution bases to be used, and shall include one or more of the following periods:

1.

Periods of insurance according to § 1 para. 1 lit. e (development aid worker);

2.

Periods of insurance according to § 4 (1) Z 4 (trainees) or Z 5 (nursing care) ASVG;

3.

Periods of payment of carence allowance, child care allowance, combined wage (§ 34a AMSG) or part-time allowance (§ 26a of the AlVG);

4.

Periods of reduction of the normal working time for the purpose of monitoring the death of a close relative or the accompaniment of a seriously ill child according to § 14a or § 14b of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, or a similar regulation. '

6. § 26 (1) reads:

" (1) Persons who are entitled to an education certificate in accordance with § 11 or an exemption against the appretion of the remuneration in accordance with Section 12 of the AVRAG and who meet the eligibility for unemployment benefit are due to receive a further training allowance for the duration of the agreed period of time. the amount of the unemployment benefit, but at least the amount of the child care allowance in accordance with Section 3 (1) of the KBGG, in the event of compliance with the following conditions:

1.

In the case of an educational karence according to § 11 AVRAG, participation in a further training measure, which is essentially the duration of the education karence, must be demonstrated. The extent of the training must be at least 20 hours per week, in the case of persons with child-care obligations, up to the age of seven, for which there is no longer-term care, at least 16 hours per week . If the training measure comprises only a lower number of hours per week, it must be demonstrated that, in order to achieve the training target, additional learning and training times are required to an extent that a comparable time period is required for a comparable period of time. Load. A practical training must not take place with the carving employer, unless the training is only possible there.

2.

In the case of an exemption against the discontinuation of the remuneration in accordance with § 12 of the AVRAG, it is necessary to establish the recruitment of a non-negligable substitute worker who has previously received unemployment benefit or emergency assistance.

3.

Within a frame period of four years, regardless of whether an educational carency or an exemption against the cancellation of the pay is available, a total of one year of further training allowance can be obtained for a total of one year. If the continuing training course takes place in parts, the further training allowance can be continued within a frame period of four years. If, within the framework period, part-time money has already been received (section 26a), the period in which the time allowance was paid is to be set at half on the reference period for further training money. Fractions of days stay out of consideration. The right to be paid is only to be provided during the first use of further training money or part-time allowance within the four-year period. If, within the framework period, first part-time money was received, the continuing training allowance shall be calculated at the time of the first assertion of the further training allowance within the four-year period.

4.

Before taking the education card, the carded person must have been employed without interruption for six months from the now carded employment relationship; in the case of a fixed-term employment relationship in a She must have been employed uninterruptibly for three months in a seasonal operation.

5.

In the form of a course of study, continuing education is carried out in accordance with § 3 of the German Academic Promotion Act 1992 (StudFG), BGBl. No 305/1992, and after six months (after each semester), proof of the examination of exams from compulsory and elective subjects in the total amount of four hours per week or of eight ECTS points or any other suitable proof of success (such as the filing of the diploma examination or the rigorouse, or confirmation of the progress and expected positive conclusion of a thesis or other final thesis). Proof is to be provided independently of a change of establishment or study by confirmations of the institutions mentioned in § 3 StudFG. If you do not receive proof, you will lose your entitlement to further training allowance for the further possible reference period within the framework period according to Z 3. The Labour Market Service, after consulting the Regional Advisory Council, has to look at the loss of claims if there are reasons worthy of consideration for the non-application of the necessary evidence, in particular where it is unforeseeable and undue events or circumstances. "

7. § 26a together with the title is:

" Part Time Money

§ 26a. (1) Persons who take part in a period of education pursuant to Section 11a of the AVRAG and who are entitled to unemployment benefit shall be entitled to a part-time allowance for the agreed duration in the event of fulfilment of the following conditions:

1.

The participation in a further training measure which is essentially the duration of the part-time period must be proven. The extent of the training must be at least 10 hours per week. If the training measure comprises only a lower number of hours per week, it must be demonstrated that, in order to achieve the training target, additional learning and training times are required to an extent that a comparable time period is required for a comparable period of time. Load. A practical training must not take place with the same employer, unless the training is only possible there.

2.

Within a frame period of four years, a total of at least two years of picture part-time allowance can be obtained. If the continuing education measure takes place in parts, the picture part-time allowance can be continued within a frame period of four years. If further training allowance has been received within the framework period, the period in which further training allowance was made is to be calculated twice in relation to the reference period for the time allowance for the part-time allowance. The right to be paid is only to be provided during the first use of further training money or part-time allowance within the four-year period.

3.

Prior to the reduction of working time, the normal working week must have been equal to six months, and for a fixed-term working relationship in a seasonal operation, it must have been the same for three months. The remuneration obtained from the employment relationship must be above the de minimis limit in accordance with Section 5 (2) of the ASVG during this period and during the period of education.

4.

In the form of a course of study, continuing education is carried out in accordance with § 3 of the German Academic Promotion Act 1992 (StudFG), BGBl. No 305/1992, and after six months (after each semester), proof of the examination of exams from compulsory and elective subjects in the total amount of two hours per week or of four ECTS points or any other suitable proof of success (such as the filing of the diploma examination or the rigorouse, or confirmation of the progress and expected positive conclusion of a thesis or other final thesis). Proof is to be provided independently of a change of establishment or study by confirmations of the institutions mentioned in § 3 StudFG. If you do not receive proof, you will lose the right to a part-time allowance for the further possible reference period within the frame period according to Z 2. After consulting the Regional Advisory Council, the Labour Market Service will have to look at the loss of claims, where there are grounds for consideration for the non-application of the necessary evidence, in particular where such evidence is due to unforeseeable and unavoidable events or circumstances.

5.

The application for the picture part-time gel must be made before the start of the agreed part-time period. A right to a part-time allowance for periods in which

a)

in enterprises up to and including 50 employees subject to compulsory unemployment insurance, four employees and

b)

in establishments with more than 50 employees subject to compulsory unemployment insurance, more than 8 employees of the workforce

If the Regional Advisory Council of the Labour Market Service agrees to the exceeding of these thresholds by a majority decision, it will only be possible to obtain a part-time allowance.

6.

A written declaration by the employer must be submitted with the application for part-time allowance, which has to contain the following information:

a)

Number of employees covered by unemployment insurance in the establishment at the time of the last month's most recent prior to the application,

b)

Number of employees covered by unemployment insurance in the establishment, with which a part-time agreement has been concluded, the duration of which is based on the date of the beginning of the application for part-time allowance. has already begun or will begin,

c)

the extent of the respective weekly normal working time in the last six (three) months before the normal working hours were reduced;

d)

The extent of the respective weekly normal working time from the beginning of the picture part time.

(2) The time allowance for the picture is 0.76 € daily for each full hour of work, which reduces the normal working week. Fractions of a working hour will not be covered. The part-time allowance is to be multiplied by the adjustment factor according to § 108f ASVG for the first time in 2015, and to round off a cent in commercial terms. If part time is taken up in parts and the extent of the reduced weekly normal working time changes, then the picture part time allowance is to be measured anew each time.

(3) In the case of other employment or self-employment, no part-time allowance is due, unless Section 12 (6) (a), (b), (c), (d), (e) or (g) (minor) applies.

(4) In the case of a solution of the service relationship during the time of the education, the right to a time-of-service part-time allowance ends at the end of the service relationship. If the employment relationship has been solved by the employer and the conditions for the receipt of further training allowance are available with the exception of the education card, after deduction (settlement in accordance with § 26 paragraph 1 Z 3) of the already in claim Reference periods for the period of reference period which have not yet been used are claimed for further training. In such a case, the extent of the training measure (s) shall be increased as soon as possible, at the latest within three months, to the minimum level of entitlement to further training allowance. In the form of a course of study, the further education is to be provided at the latest for the next semester of the proof of success applicable to the entitlement to further training allowance.

(5) § 26 (2) and (5) to (8) shall apply with the proviso that the training allowance shall be paid to the post of further training. "

8. Section 36a (3) reads:

" (3) The following amounts are to be added to the income in accordance with § 2 (2) EStG 1988:

1.

Tax-free references in accordance with § 3 paragraph 1 Z 4 lit. a and lit. e, Z 5 lit. a to d, Z 8 to 12, Z 22 to 24 and Z 32 as well as § 29 Z 1 second sentence EStG 1988;

2.

the amounts pursuant to § § 10, 18 (6) and (7), 24 (4) and 41 (3) EStG 1988, insofar as they were deducted from the determination of income;

3.

Special support under the Special Support Act, BGBl. No. 642/1973. '

9. § 40 reads:

" § 40. (1) The recipients of benefits pursuant to § 6 (1) (1) to (5) and 7 to 9 are insured with the District Health Insurance Fund of their place of residence during the course of the service. This insurance is subject to the provisions of the General Social Insurance Act on statutory health insurance for compulsory insured persons, insofar as the following provisions do not result in deviating from the provisions of the statutory health insurance.

(2) By way of derogation from paragraph 1, persons who have been insured with the Insurance Institution for Railways and Mining in the course of their last qualifying employment relationship shall be with that institution, as well as those who have been insured during the course of the The last qualifying service for a health insurance company has been insured with health insurance, if the unemployment benefit for a reference period according to § 18 (2) (2) of the German Health Insurance Fund (SPS) is insured. b or c or for an extended period of reference in accordance with Section 18 (5) or retraining allowance. This shall also apply if, after exhaustion of the reference period, such a service is provided with emergency assistance or is entitled to health insurance in accordance with § 34. By way of derogation from paragraph 1, persons referring to a part-time allowance are also insured with the health insurance institution in which they are insured under their employment relationship.

(3) The recipients of benefits pursuant to § 6 (1) (1) to (3) and (7) to (9) shall also be entitled to benefits during the period between the end of eligibility for sickness insurance benefits and the commencement (re-start) of the right to a benefit in accordance with § 6 (1) (1) to (3) and (7) to (9) in the absence of a protection period pursuant to § 122 (2) (2) of the ASVG (ASVG) for a maximum of six weeks in the same manner as during the protection period of § 122 (2) ASVG. "

10. § 40a reads:

" § 40a. During participation in a measure of retraining and retraining as well as 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 labour market service , as well as during the participation in a vocational training measure, persons receiving unemployment benefit, emergency assistance or retraining allowance are considered to be participants of training courses within the meaning of § 8 paragraph 1 Z 3 lit. c ASVG. This also applies to persons who receive training money or education part-time money. By way of derogation from Section 74 (2) of the ASVG, the respective benefits shall be deemed to be the basis for contributions under this Federal Act. By way of derogation from Section 74 (3) (2) of the ASVG, contributions from unemployment insurance funds will be covered. Reports on the service provider shall be reimbursed by the regional office. "

11. § 41 (1) first and second sentence reads:

" The sickness benefit is due in the amount of the last related benefit (according to § 6 para. 1 Z 1, 2, 3 as far as a benefit has been requested in accordance with § 23 paragraph 1 Z 2, 4, 5, 7, 8 and 9) according to this federal law, without taking into account any additional amount in accordance with § 20 (6). As a weekly allowance, an amount is due in the amount of the increase of the benefit of 80 vH under this Federal Act, but in the case of recipients of further training allowance or part-time allowance in the amount which according to § 162 (3) and (4) of the ASVG (ASVG) from the Work earnings that precede the receipt of training allowance or part-time allowance. "

12. § 79 (129) reads:

" (129) § 1 para. 1, § 7 para. 4, § 8, § 10 para. 4, § 14 para. 4, § 15 para. 1 Z 4 and para. 3 Z 1, § 16 para. 1, section 3b (§ 39b and title) as well as the headlines before § 41 and before § 42 and § 83 paragraph 5 in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2014 in force. § 6 para. 1 and 2, § 40, § 40a and § 41 paragraph 1 first sentence in the version of the Federal Law BGBl. I No 3/2013 is due to the entry into force of the amendment of these provisions by the Federal Law of the Federal Republic of Germany (BGBl), as determined in paragraph 130. I No 67/2013 shall not be in force. '

(13) The following paragraphs 130 to 132 are added to § 79:

" (130) § § 6 (1) and (2), 40, 40a and 41 (1), first sentence, as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 67/2013 with regard to the retraining money with 1. January 2014 and in force with regard to the remaining regulations with effect from 1 July 2013.

(131) § § 7 paragraph 3 Z 2, 14 para. 7, 15 para. 1 Z 6, 16 para. 1 lit. j, 21 para. 1 seventh sentence, 36a para. 3, 40, 40a, 41 para. 1 second sentence, 50 para. 1 last sentence and § 83 para. 6 in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013.

(132) § § 26 (1) and (26a) together with the title in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013 and shall apply for entitlement to further training allowance and part-time allowance for periods after 30 June 2013. The regulations in force on 30 June 2013 will continue to apply after 30 June 2013 for claims for further training allowance which have already started before the end of 30 June 2013. "

14. The following paragraph 6 is added to § 83:

" (6) The Austrian Labour Market Service (Labour Market Service Austria) has to evaluate the impact and development of the use of the part-time period introduced on July 1, 2013 in accordance with § 26a in 2014 and the Federal Minister for Labour, Social Affairs and Social Affairs, and Consumer protection report on the results. "

Article 5

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

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

"§ 34b Fachkräftestipendium"

2. In the table of contents, the following entry shall be added after the entry in section 79:

"§ 80 Evaluation"

3. In accordance with § 34a, the following § 34b with headline shall be inserted:

" Fachkräftestipendium

§ 34b. (1) Workers or unemployed persons, may receive a grant for the duration of a training course if they meet the following conditions:

1.

At least four years of non-self-employed or self-employed activity subject to the unemployment insurance obligation within the last 15 years;

2.

Unemployment or carving of the existing employment relationship (or rest of self-employment) for the duration of the training;

3.

Qualification under the level of technical university of applied sciences;

4.

Proof of the successful entrance examination or the fulfilment of the other admission requirements, or if there are no such admission conditions, the completion of an education and career guidance as well as the credibility of the suitability for a the Directive, as provided for in paragraph 3, equivalent to full-time education with a formal education qualification;

5.

Proof of training progress.

(2) If there is any doubt as to whether a person can successfully complete the training before entering into training, the training must be clarified in a suitable way, for example through a pre-established career orientation phase.

(3) The Board of Directors, on a proposal from the Board of Directors, has to lay down, in a directive, those training which are highly likely to be used in the labour market policy. In particular, those training (occupations) where there is a shortage in the labour market must be taken into account. The selection has to be made taking into account labour market and career forecasts. If such training is offered at a teaching institution whose teaching programmes lead to state-recognized teaching objectives, these may be funded by a specialist staff grant. Tertiary education (studies at universities or universities of applied sciences) cannot be funded with the specialist training grant. The Board of Directors, on a proposal from the Management Board, also has guidelines on the more detailed requirements of the qualified staff grant. The guidelines require the approval of the Federal Minister for Labour, Social Affairs and Consumer Protection. The guidelines are available on the internet on the homepage of the labour market service.

(4) The scholarship is due for the duration of the participation in the training, in each case for a maximum of six months and for a total of three years at the latest. It amounts to one-third of the compensatory allowance rate for single persons according to § 293 (1) lit. a sublit. bb ASVG, minus the health insurance contribution, without any increase in amount. Training-free times (holidays, pre-school exam preparation) disrupt the reference only if the extent of these periods is more than three months per year. A slightly insured job alongside the scholarship is possible.

(5) In the case of sickness, accident and pension insurance, the grant shall be considered to be an aid to cover the life of the person. In case of illness, the scholarship will continue to be granted for the first 21 days of the illness and will not be given any sickness benefit for this period. Moreover, where no special arrangements have been made, the provisions applicable to aid to cover the life subject shall also apply to professional grants.

(6) The recipients of a scholarship shall be obliged to inform the Labour Market Service of all circumstances and events which are likely to prevent participation in the training or to prevent a successful conclusion. If the conditions for a successful completion of the training are no longer available, the scholarship is to be stopped. § 38 AMSG applies to the repayment of the scholarship. "

(4) The following paragraph 29 is added to § 78:

" (29) The table of contents as well as § 34b and § 80, together with transcripts in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. Directives pursuant to Section 34b (4) may already be issued from the day after the presentation of this Federal Law, but shall not enter into force until 1 July 2013 at the earliest. "

5. In accordance with § 79, the following § 80 and title shall be added:

" Evaluation

§ 80. The Austrian Labour Market Service (Labour Market Service) has to evaluate the impact and the development of the use of the skilled labour grant introduced on 1 July 2013 in accordance with § 34b in 2014 and the Federal Minister for Labour, Social Affairs and Social Affairs Consumer protection report on the results. "

Article 6

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. § 1 (3) reads:

" (3) Aid for short-time work pursuant to § 37b of the AMSG and aid for short-time work with qualification in accordance with § 37c AMSG as well as other aid under the AMSG, such as in particular activation grants and professional training grants according to § 34b AMSG, can be made from the Benefits shall be covered in accordance with the AlVG. "

2. The title before § 13 reads:

"Financial coverage of certain aids after the AMSG"

3. § 13 reads:

" § 13. In the years 2011 to 2014, expenditure on activation grants according to § 37d AMSG, for aid for short-time work pursuant to § 37b AMSG and for aid in the case of short-time work with qualification according to § 37c AMSG, should be treated as expenses according to the A1VG. In the years 2013 and 2014, expenditure on skilled labour grants according to § 34b of the AMSG is to be treated as expenses according to the A1VG. The coverage of activation aid is subject to a ceiling of € 76 million in 2012. € 56 million in each of the remaining years. €. A ceiling of € 25 million is applicable to the coverage of skilled workers ' scholarships. € per year. "

(4) The following paragraph 51 is added to § 10:

" (51) § 1 para. 3 and § 13 together with the title in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. "

Article 7

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 4/2013, shall be amended as follows:

1. § 44 (1) Z 13 lit. d is:

" (d)

in the case of special assistance under the Special Support Act or a part-time allowance or aid to cover the life's entertainment (also in the form of a skilled worker's grant), this cash benefit; "

2. In accordance with § 671, the following § 672 shall be added together with the heading:

" Final determination on Art. 7 of the Federal Law BGBl. I No 67/2013

§ 672. Section 44 (1) Z 13 lit. d in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. "

Article 8

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 98/2012, shall be amended as follows:

1. The following sentence shall be added to section 114 (1):

"The transfer may be revoked at any time, but only for important reasons with regard to matters relating to the treatment of such matters."

2. The following sentence shall be added to section 114 (2):

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

(3) The following paragraph 28 is added to § 264:

" (28) § 114 (1) and (2) in the version of the Federal Law BGBl. I N ° 67/2013 will enter into force on 1 July 2013. "

Article 9

Amendment of the Law on the Law of the State

The Law on Operations, BGBl. No 282/1990, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. In § 3 (4), the term " "§ § 13, 14, 14a or 14b AVRAG" by the expression "§ § 11a, 13, 14, 14a or 14b AVRAG" replaced.

2. In § 6a (4), the term " "§ § 13, 14, 14a or 14b AVRAG" by the expression "§ § 11a, 13, 14, 14a or 14b AVRAG" replaced.

(3) In accordance with Article VI (1) (11), the following Z 12 is added:

" 12.

§ 3 (4) and § 6a (4) in the version of the Federal Law BGBl (Federal Law Gazette). I N ° 67/2013 will enter into force on 1 July 2013. "

Fischer

Faymann