Declaration Of The Collective Agreement For The Club Social Economy Austria - Austrian Social - And Healthcare Companies (Swö) Association To The Articles Of Association

Original Language Title: Erklärung des Kollektivvertrages für den Verein Sozialwirtschaft Österreich – Verband der österreichischen Sozial- und Gesundheitsunternehmen (SWÖ) zur Satzung

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83. Regulation of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, with which the collective agreement for the Verein Sozialwirtschaft Österreich-Verband der Austrian Social-und Gesundheitsunternehmen (SWÖ) (Association of Austrian Social and Health Companies) Statutes shall be declared

The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 98/2012, at the request of a collective agreement body, the party of a collective agreement, if the conditions referred to in paragraph 3 are fulfilled, this collective agreement shall also be authorized by declaration of statutes outside its the spatial, professional and personal impact of a legally binding effect.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes by decision of 25 March 2013 following the implementation of a senate hearing:

Constitution of the Collective Agreement for the Verein Sozialwirtschaft Österreich-Verband der Austrian Social-und Gesundheitsunternehmen (SWÖ)

S 1/2013/XXII/96/1

Scope of the Statute

§ 1.


Professional: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions:


public service bodies


Medical facilities, health care and hospitals


Rescue and Sanitary Services


Private kindergartens, crèches and horts (private daycare homes),


self-organized or Parent-managed children's groups


Childcare facilities by day-care mothers (-fathers)


Spatial: for the Republic of Austria, with the exception of the province of Vorarlberg


Personal: All employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid Collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG) are covered.

Excluded are:


Labour relations of workers who are employed in social assistance and/or social assistance measures In the case of countries with disabilities,


Employment relationships based on the objective of (re-) integration of workers into the labour market, to the extent that such measures are entrusted and/or promoted by third parties; this applies in particular to employment relationships in the labour market. the framework of the non-profit-making labour force;

However, this exception shall not apply to from 1. Jänner 2007 established employment relationships of transit personnel to employer/inn/n, insofar as these employers are not subject to a collective agreement, which is carried out within the framework of social economic enterprises and/or non-profit-making companies. Employment projects with the objective of (re-) integration work, these transit personnel/inn/n are obligated psychosocial to be accompanied and cared for and these measures are provided by the Labour Market Service, the Länder and/or the Federal Office for Social Affairs and disabled persons; such work conditions shall apply the present declaration of statutes, insofar as it relates to § § 1, 3, 4 (1) and 3 to 6, § 6, 7, 9, § 10 (1) to (6), § § 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement referred to in § 2 of the collective agreement,


Employment relationships based on an allocation by a payer (Labour Market Service/AMS, Social Security Institutions/SV, Federal Office of Social Affairs and Disability, etc.) qualification measures to be taken,


(Ferial-) Interns/inn/en as well as Volontarian/Volonaries. A person who stays in a facility for training purposes only in the short term, is not subject to a low fee. (Ferial-) Interns/in is, who in the framework of a school or university education due to a curriculum or of a study order is required to demonstrate practical activities.

Excluded are employees according to § 36 paragraph 2 Z 1 or 3 Labour Constitution Act, § 1 Abs. 1 Z 8 Arbeitszeitgesetz, § 1 Abs. 2 Z 5 Arbeitsruhegesetz und § 10 Abs. 2 Z 2 Arbeiterkammergesetz 1992, insofar as the declaration of statutes is based on the § § 4 to 12, 14, 15 and 19 of the Collective Agreement referred to in § 2.

Content of the Statutes

§ 2.


The association between the social economy association Austria-Verband der Austrian Social-und Gesundheitsunternehmen and the Austrian Trade Union Confederation, union of private employees, print, journalism, paper and union VIDA, on 4. February 2013 completed

Collective agreement for female employees employed by members of the Social Economy Association of Austria-Association of Austrian Social and Health Companies (SWÖ)
(as of 1 February 2013)

at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 116/2013 and published in the "Official Journal of the Wiener Zeitung" of 1 March 2013,

shall be declared a statute.


The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes:


§ 2


§ 41 Z 1 penultimate and final sentence


in § 41 Z 2/B, third paragraph, the sentences: " The effectiveness of the opting shall enter into force on 1 January 2005. In establishments which, after 1 July 2004, accede to the Austrian social economy and are therefore subject to this KV, every worker has the right of opting within six months of the effectiveness of the KV for that establishment. "


§ 42


Insofar as § 30a (1) has been filed for the entry into force of Section 30a (1) (as amended on 1.1.2004), the date of entry into force of the Articles of Association shall be replaced by the date of entry into force of the Statute (§ 3).


Insofar as reference is made to the entry into force of the collective agreement in § 41 Z 2/B, the date "1 May 2006" shall be replaced by the date on which this date is entered. In the case of employment relationships for which this Statute will not take effect until 1 May 2006, an opting period of six months shall apply from the date of effect of the Articles of Association.

Beginning of the effectiveness and duration of the Articles of Association

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