Stand - And Exercise Rules For The Organization Of Person Care

Original Language Title: Standes- und Ausübungsregeln für die Organisation von Personenbetreuung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997045/standes--und-ausbungsregeln-fr-die-organisation-von-personenbetreuung.html

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397th regulation of the Federal Minister for science, research and economy stand - and exercise rules for the Organization of person care

On the basis of § 69 para 2 of the Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 81/2015, is in agreement with the Federal Minister of labour, Social Affairs and prescribed consumer protection:

1 section

Scope, definitions

Scope

§ 1. This regulation applies to traders, the the commercial of organization of person care (section 161 Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194, in the currently valid version) exercise.

Definitions

§ 2. The meaning of this regulation or is



1 "Intermediary" people, to the practice of the trade of organization of person care (§ 161 GewO 1994) are entitled, 2. 'person supervisor"people, to the practice of the trade of person care (§ 159 GewO 1994) entitled 3."support needy people"are persons, the the activity of an intermediary (§ 161 GewO 1994) take, 4."organization contract"the contract between the operator and the person, 5."agency agreement"of the contract between the agent and the service-needy person or a person , which completes the contract with the mediator in favour of support needy person.

2. section

General obligations

General obligations

3. (1) intermediaries have to practice their profession conscientiously with the care of an ordinary agent. You are obliged to refrain from any stand-adverse behaviour. In particular they are not allowed to give people who are not entitled to the practice of the trade of person care or whose commercial exercise rests GewO 1994 pursuant to article 93, paragraph 1.

(2) agents have to make in the exercise of their activity on the well-being of the care-needy person and to abuse their professional position not to obtain personal advantages, E.g. by providing unsolicited or unrequested completion of transactions. In particular, it is prohibited to receive services without equivalent consideration them.

(3) the search of individuals for the purpose of collecting orders for services the Organization of passenger care is allowed only upon explicit, addressed to the intermediary, prompt. The acceptance of orders on such services is permitted only in the premises or on the occasion of permissible according to the previous sentence searching on.

(4) the intermediary has in his business dealings, unless paragraph 5 not determined otherwise,



1 on its property of intermediary to point out, 2. to indicate the price of intermediary activities, the performance contents of mediation by the mediator stating the costs incurred for the individual performance content transparently to represent 3 and 4 in the case of specified price examples the total cost for all contents of performance as well as in the event that these practices include a possible promotion to the 24-hour care gem. § 21 b Federal care allowance Act or with such advertising , to specify the conditions for this promotion.

(5) the intermediary has to point out his agent property in its advertising and to lead a phone number or an Internet address, which can be obtained in paragraph 4 information referred to Z 2-4 of or on the.

(6) intermediaries have in any misleading information, in particular to power content and prices, business transactions to include in the connection with the exercise of their profession.

3. section

Mediator, supervisor of the person

Information prior to conclusion of the Organization

§ 4. The intermediary has prior to the conclusion of the Organization contract to educate the person supervisor at least of the following:



1 the need for the existence of an upright business licence for the business of person care anyway, at the time of conclusion of the support contract (article 2 of the regulation on State - and exercise rules for passenger service, Federal Law Gazette II No. 278/2007, in the currently valid version), 2. pursuant to section 159 GewO 1994 permitted activities, 3. pursuant to § 160 GewO 1994 required measures to ensure the quality and 4. the requirements arising out of the regulation on State - and exercise rules for passenger service , in particular about the therein minimum content of the service contract.

Organization contract

§ 5 (1) which is organization agreement in writing to complete. The mediator has a written copy of the agreement to follow the person's supervisor.

(2) the Organization agreement must include the following minimum content:



1 (the company) name and address of the contractual partner, 2. the beginning and the duration of the contract, 3. a transparent representation of the performance of content, including the information to the current benefits, if such have been agreed between the agent and the person carers (such as support for the arrival and departure, assistance in the cleanup of conflicts between Totale person carers and support needy person , Assistance in the Organization of the representation in the case of disability), 4. the due date and the amount of the price, broken down according to the individual performance content, the terms of payment as well as indicating whether the mediator has collection authority for the person's supervisor, 5. provisions relating to the termination of the contract, which is, that the Organization agreement by the death of the person's supervisor is lifted and to the practice of the trade of organization of person care authorized in advance paid remuneration pro rata to repay has and , that the contract can be resolved by both parties under a two-week notice period at the end of each calendar month, and 6 indication of achievable in a reasonable time scale contact person of the agent.

(3) the individual contents are easy and understandable, to rewrite but yet comprehensively and accurately.

Documentation

§ 6. The services running provided on basis of the intermediary organization Treaty (§ 5 paragraph 2 No. 3) regularly to document and make the person maintainer upon request available to or lodged to follow.

4 section

Intermediaries that support needy person

Survey of needs

Section 7 (1) the mediator must prior to the conclusion of the mediation contract:



1. the need for such assistance and the support for the needy support person on-site collect and 2. check whether the maintainer of person provided for in the case for the mediation can meet the needs identified in accordance with no. 1.

(2) the intermediary has (No. 1) and the test (No. 2) to document and support needy person and the contractor the results of surveys, if it is different from the care-needy person, to make available on demand or received to follow.

Enlightenment

§ 8. The mediator must interested parties



1 enlighten about the activities, the maintainers of person referred to in section 159 may perform GewO 1994, 2. the duties of the supervisor of the person clarify (such as E.g. the obligation to declare the taxes related to the care of the person and social security contributions themselves and dissipate), 3 about the services offered by the intermediary, stating the costs clear up where this request has to be made in writing.

Agency agreement

§ 9 (1) which is mediation contract concluded in writing. The mediator has the support needy person or of the person who signs the contract with the broker for the benefit of the support needy person to follow a written copy of the agreement.

(2) the contract shall include the following minimum content:



1 (company) name and address of the contractual partner, 2. the beginning and the duration of the contract, 3. a transparent representation of the performance of content, including the information to the current benefits, if such have been agreed between the agent and the supervised person (such as the regular review of assistance levied pursuant to § 7 para 1 has changed and the implementation of appropriate advice , assisting in the cleanup of conflicts between Totale person carers and support needy person, organization of a representative in the case of disability), 4. the due date and the amount of the price, broken down according to the individual performance content, payment terms, as well as indicating whether the agent is collecting power for the person's supervisor, 5. provisions on the termination of the contractual relationship, which is that the brokerage contract by the death of the service-needy person is lifted and to the practice of the trade of organization of person care authorized a in advance paid Has in proportion to reimburse compensation as well, that the contract can be resolved by both parties under a two-week notice period at the end of each calendar month, and 6 indication of achievable in a reasonable time scale contact person of the agent.

(3) the individual contents are easy and understandable, to rewrite but yet comprehensively and accurately.

Documentation


§ 10. The services running on the brokerage contract by the facilitator provided (§ 9 para 2 No. 3) are regularly documented and accessible to the contractor at the request or lodged to follow.

5. section

Final and coming into force provisions

Gender-neutral designation

§ 11. The personal names used in this regulation are gender-neutral.

Entry into force and transitional arrangements

12. (1) this regulation a month by the end of the day of the by-laws enter into force. The arrangements are to apply only to contracts concluded after that date.

(2) existing documentation are in the sense of articles 6 to make 7 para. 2 and 10. You must not retroactively be supplemented for the period before the entry into force of this regulation.

Mitterlehner