Change Of Bauarbeiter Urlaubs - And Clearance Act And The Construction Workers-Bad Weather Compensation Act 1957

Original Language Title: Änderung des Bauarbeiter-Urlaubs- und Abfertigungsgesetzes und des Bauarbeiter-Schlechtwetterentschädigungsgesetzes 1957

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117. Federal law amending the Construction Workers 'Holiday and Abortion Act and the Construction Workers' Bad Weather Compensation Act 1957

The National Council has decided:

Article 1

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act-BUAG, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 98/2012, shall be amended as follows:

1. In accordance with Article 2 (1), the following paragraph 1a is inserted:

" (1a) The provisions relating to the additional leave for shiftwork (§ 4b) are subject to:


Baumeisterbetriebe, Maurermeisterbetriebe, Bauunterprises, Baueisenbieger-und -ver-legerbetriebe, Demolierungsbetriebe, holdings of the holders of concessions of the Maurergewerbes according to § 6 of the Construction Industry Act, RGBl. No. 193/1893, earthmoving enterprises (Deichgräberbetriebe), earthworks, concrete pipe and cutting plants, water regulators, wild brooch and avalanche incinerators, plants for the production of melioration, road construction companies, Goods-weaving plants, stoves, farms for the coating of facades for the purpose of thermal insulation (with the exception of operations of painters and deners);


Special establishments which carry out activities of their kind in the area of activity of the establishments according to lit. a fall; it does not harm if the activity is also carried out by undertakings which do not fall within the scope of the application. a fall;


Labour force transfer operations with regard to those workers who are to be transferred for activities which, according to their nature, have been transferred to the activities of the establishments in accordance with lit. a or b are to be included, or are in fact mostly left to such activities. "

2. § 4 para. 2 second sentence reads:

" The waiting period for the holidays (§ 4) and the additional leave (§ 4b) are based on the amount of the holiday, on the joint request of the competent collective agreements of the employees and the employers by means of a regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection. "

3. In accordance with § 4a, the following § 4b and title shall be inserted:

" Supplementary leave for shiftwork

§ 4b. workers who have


in three-shift work, or


in two-shift forms or divisions, which provide for a daily working time of more than nine hours in the stratified cycle,

, an additional holiday of one working day is due for eight weeks of shiftwork within the period of application (§ 4 para. 1). § 4a shall apply mutatily. "

4. In § 5, after the word "§ 4 (1)" the phrase "and § 4b" inserted.

5. In § 5 lit. b becomes after the word "Holidays" the parenthesis expression "(additional laureates)" inserted.

6. In Section 8 (1), the parenthesis shall be "(§ § 4 (1) in conjunction with 4a (1))" by the parenthesis expression "(§ § 4 (1) in conjunction with 4a (1) and § 4b)" replaced.

7. § 21 (2) reads:

" (2) The amount of the surcharges to cover the expenses for the regulation of the holiday (§ 4) and the additional return (§ 4b) shall be fixed in such a way that the sum of the arrivals in the case of surcharges shall be used for the holidays and for the additional leave. , including the pro rata administrative costs of the holiday scheme. If the building requires the building, then the Federal Minister of Labour, Social Affairs and Consumer Protection has to make the corresponding change in the amount of the allowances for the subject area of the holiday scheme. "

8. In Section 21a (2), the parenthesis shall be "(§ 4)" by "(§ § 4 and 4b)" replaced.

9. In § 24, in Z 2 the point shall be replaced by an accoration and the following Z 3 shall be added:

" 3.

His employment relationship in the closed quarter relating to the underwriting of the basic wage in accordance with § 7h Labour Contract Law Adaptation Act (AVRAG), BGBl. No. 459/1993. '

10. § 25 (7) shall be deleted.

11. § 31 (4) the following sentence is added:

" This right to view and query is also granted to IEF-Service GmbH for the purpose of assessing the existence of a secured claim within the meaning of the Insolvency-Remuneration Assurance Act (IESG), BGBl. N ° 324/1977. "

12. The citation in § 31a para. 1 " BGBl. No 340/1995, as amended by the BGBl Regulation. II No 3/2011 " shall be " BGBl. No 340/1995, as amended by the BGBl Regulation. II No 33/2012 " replaced.

The following sentence shall be added to Article 31a (2):

"This authority is also entitled to the General Accident Insurance Institution for the purpose of preventing accidents at work."

14. In Section 32 (1), the phrase "A fine of EUR 500 to EUR 2 000, in the event of a repetition of EUR 2 000 to EUR 3 500" through the phrase "A fine of EUR 500 to EUR 5 000, in the event of a repetition of EUR 1 000 to EUR 10 000." replaced.

15. In accordance with § 33h (1), the following paragraph 1a is inserted:

" (1a) If the employer has been shown to have been granted leave for the current calendar year before the start of employment in Austria, the employer has also been granted leave of leave during the period of employment in Austria. , the amount of the holiday allowance which has been shown to be actually paid to the employee for these holidays shall be calculated on the basis of the surcharges to be paid during the period of employment in Austria up to the point in time of the calculation. The employee's entitlement to paid leave, which is incurred in accordance with § 33e and § 33f during the period of employment in Austria, shall be taken into account after the first sentence of the holiday period. "

16. According to § 33h (2), the following paragraph 2a is inserted:

"(2a) If the holiday and payment terminal has calculated the surcharge due to non-compliance with the reporting obligation on the basis of its own investigations pursuant to § 22 (5) second sentence, the employer shall owe the surcharges thus calculated."

Section 40 shall be added to the following para. 21 and 22:

" (21) § 2 (1a), § 4 (2), second sentence, § 4b, § 5, § 8 (1), § 21 (2), § 21a (2), § 24 Z 3, § 31 (4), § 31a (1) and (2), § 32 (1) and § 33h (1a) and (2a) in the version of the Federal Law BGBl. I n ° 117/2012 will be 1. Jänner 2013 in force. Section 25 (7) in the version of the Federal Law BGBl. I No 117/2012 will expire on 31 December 2013.

(22) The Regulation on the basis of § 4 (2) and § 21 in the version of the Federal Law BGBl (Federal Law Gazette). I No 117/2012 may be adopted at the end of the day of its act; however, it may not be adopted at the earliest with the 1. January 2013 will enter into force. "

Article 2

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

The Construction Workers-Schlechtwetterentschädigungsgesetz 1957-BSchEG, BGBl. No 129/1957, as last amended by the Federal Law BGBl. I n ° 98/2012, shall be amended as follows:

1. The text of the previous § 3 is given the sales designation "(1)" .

2. In § 3, para. 1 lit. a (new) will be the parenthesis "(rain, snow, frost and the like)" by the parenthesis expression "(rain, snow, frost, heat and the like)" replaced.

3. § 3 is added to the following paragraph 2:

" (2) The construction workers ' holiday and terminal office shall establish criteria for the existence of bad weather in the sense of paragraph 1 lit. a more closely (bad weather criteria), and make this available in a suitable manner. "

(4) § 10 (1) second and third sentence is replaced by the following sentence:

"The employer has to use the holiday and terminal box office for the application of the automation supported web applications."

5. § 19 the following paragraph 9 is added:

" (9) § 3 in the version of the Federal Law BGBl. I n ° 117/2012 is 1. Jänner 2013 in force. Section 10 (1) in the version of the Federal Law BGBl. I n ° 117/2012 is 1. Jänner 2014 in force. "