117. Federal law be changed with the Bauarbeiter Urlaubs - and clearance and the construction workers bad weather Compensation Act 1957
The National Council has decided:
Amending Bauarbeiter Urlaubs - and clearance law
The construction workers holiday and severance Act - BUAG, BGBl. No. 414/1972, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:
1. According to article 2, paragraph 1, the following paragraph 1a is inserted:
"(1A) the provisions on additional leave for shift work (§ 4 b) (subject to: a) Baumeister enterprises, master Mason companies, construction companies, Baueisenbieger - and - ver-casual establishments, demolition companies, holdings of the holders of concessions of the masonry industry according to § 6 of the construction law, RGBl. No. 193/1893, earthmoving operations (dike graves Holdings), Earth construction companies, concrete pipe and cutting operations, water regulatory operations, torrent and avalanche control operations, companies for melioration works, road construction companies, good road construction companies, fireplace ausschleifen heritage shoots, farms for the coating of façades for the purpose of the insulation (except plants of painters and painters);"
(b) special operations, the activities do, that their very nature in the field of activity of farms after lit. a fall; While it doesn't hurt if the activity is performed by companies not included in the scope after lit. a fall;
c) labor supply businesses with regard to those workers, who for the provision for activities that their nature in the field of activity of farms after lit. a or b fall, recorded or indeed mainly be left to such activities."
2. § 4 para 2 second sentence reads:
"The entitlements for the holiday (section 4) and the additional leave (§ 4 b) are according to the extent of the holiday at the joint request of the collective agreement enabled authorities of workers and employers through regulation of the Federal Minister for labour, to set Social Affairs and consumer protection."
3. after Article 4a the following section 4 is inserted b together with the heading:
"Additional leave for shift work
§ 4 b. workers, the 1st in three shift work or 2nd in two layer forms or divisions, which provide a working day of more than nine hours in layer rotation, is due for eight weeks each shift work within the qualifying period (§ 4 para 1) an additional holiday of a day's work. Section 4a shall apply mutatis mutandis."
4. in article 5, the word order is after the word "§ 4 para 1" "and section 4 b" inserted.
5. in § 5 lit. the bracket expression (extra holiday) is inserted after the word "Holiday" b.
6. in article 8, paragraph 1, of the parenthetical expression (§ 4 para 1 in conjunction with 4a para. 1) by the parenthetical expression "(§§ 4 Abs. 1 in Verbindung mit 4a Abs. 1 sowie § 4b) is" replaced.
7 paragraph 21 paragraph 2:
"(2) the amount of the surcharge to cover the costs for the scheme of the leave (section 4) and additional vacation (§ 4 b) is to assess, that the effort can be covered each of the sum of the inputs to surcharges for holiday and additional holiday including pro-rata administrative costs for the area of the vacation scheme." It requires the management, the amendment to the amount of supplements for the area of the scheme of paid leave to carry out is by Decree of the Federal Minister for labour, Social Affairs and consumer protection."
8. in article 21a, para 2, the parenthetical expression (§ 4) is replaced by (articles 4 and 4B).
9. in section 24 in no. 2, the point replaced with a comma and following Z 3 added: "3. employment be relevant ads in the completed quarter on falling below of the basic salary in accordance with § 7 h labour contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993."
10 paragraph 7 eliminates § 25.
11 31 paragraph 4 the following sentence is added to section:
"This insight - and query permission comes to no. 324/1977 also the IEF-service GmbH for the purpose of assessing the existence of a secured claim within the meaning of the insolvency payment assurance Act (IESG), Federal Law Gazette."
12 quoted in § 31a, paragraph 1 "BGBl. No. 340/1995, as amended by regulation BGBl. II No. 3 / 2011" through "BGBl. No. 340/1995, as amended by regulation BGBl. II No. 33/2012" replaced.
13 paragraph 2 the following sentence is added to § 31a:
"This insight permission comes to the General accident insurance institution for the purposes of the prevention of work-related accidents."
14. in article 32, paragraph 1, the phrase "Fine of EUR 500 to 2 000 euros in case of recurrence of EUR 2 000 to 3 500 euros" is replaced by the phrase "Fine of EUR 500 to 5 000 euros in case of recurrence of EUR 1 000 to EUR 10 000".
15. According to article 33, h para 1 the following paragraph 1a is inserted:
"(1a) the employer granted has been proven already holiday the employee prior to the start of employment in Austria for the current calendar year and hence holidays, that would have been created during the period of the employment in Austria, were compensated, the proven to actually paid the workers for these holidays holiday pay on that while employment in Austria is to be surcharges payable at the time of crediting up to. On the claim of an employee on paid holidays, created in accordance with section 33e and section 33f during the period of the employment in Austria, the holidays date pursuant to the first sentence is."
16. after section 33, h paragraph 2 the following paragraph 2a is inserted:
"(2a) the vacation and severance Fund has additional performance due to the failure to comply with the reporting obligation on the basis of its own investigations calculated para 5 second sentence pursuant to § 22, so the employer owes the supplements calculated in this way."
17 § 40 shall be added following paragraph 21 and 22:
"(21) § 2 par. 1a, section 4, paragraph 2 second sentence, § 4b, § 5, article 8, paragraph 1, § 21 para 2, § 21a section 2, § 24 No. 3, § 31 para 4, § 31a para 1 and 2, article 32, paragraph 1 § 33h para 1a and 2a in the version of Federal Law Gazette I no. 117/2012 with 1 January 2013 into force." § 25 paragraph 7 in the version of Federal Law Gazette I occurs no. 117/2012 at the end of 31 December 2013 override.
(22) the regulation on the basis of § 4 paragraph 2 and section 21 as amended by Federal Law Gazette I no. 117/2012 may; issued with expiration of the day of his announcement She must apply at the earliest with January 1, 2013."
Amendment to the construction workers bad weather Compensation Act 1957
The builders-bad weather Compensation Act 1957 - BSchEG, Federal Law Gazette No. 129/1957, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:
1. the text of the previous section 3 receives the sales designation (1).
2. in article 3, paragraph 1 lit. the bracket expression (rain, snow, Frost and the like) is replaced by the parenthetical expression (rain, snow, Frost, heat, and the like) a (new).
3. § 3 the following paragraph 2 is added:
"(2) the Bauarbeiter Urlaubs - und Abfertigungskasse has set criteria that the presence of bad weather in the sense of paragraph 1 lit. a identify (bad weather criteria), and this in an appropriate manner to be published."
4. § 10 para 1 second and third sentence is replaced by the following sentence:
"The employer has to use for the application of the automation-supported Web applications of the holiday - und Abfertigungskasse."
5. § 19 the following paragraph 9 is added:
"(9) § 3 in the version of Federal Law Gazette I is no. 117/2012, in force 1 January 2013. § 10 para 1 in the version of Federal Law Gazette I is no. 117/2012 with 1 January 2014 into force."