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397. Regulation of the Federal Minister for Science, Research and the Economy on the rules governing the organisation of personal care
On the basis of § 69 (2) of the 1994 Commercial Code (Gewerbeordnung)-GewO 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 81/2015, shall be assigned in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection:
Section 1
Scope, definitions
Scope
§ 1. This Regulation shall apply to tradesmen who are engaged in the business of the organisation of personal care (§ 161 Gewerbeordnung 1994-GewO 1994, BGBl. No 194, as amended).
Definitions
§ 2. For the purposes of this Regulation, is
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"facilitator" means persons entitled to the pursuit of the business of the organisation of personal care (§ 161 GewO 1994), |
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"persons supervising persons" persons who are entitled to carry out the business of personal care (§ 159 GewO 1994), |
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"persons in need of care" persons who take up the activity of a mediator (§ 161 GewO 1994), |
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"organisational contract" means the contract between the intermediary and the person supervising person; |
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"mediation contract" means the contract between the intermediary and the person in need of care or a person who concludes the contract with the intermediary in favour of the person in need of care. |
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Section 2
General obligations
General obligations
§ 3. (1) Mediators shall exercise their profession conscientiously with the diligence of a regular intermediary. They are obliged to refrain from any anti-steadying behaviour. In particular, they are prohibited from conveying to persons who are not entitled to exercise the profession of person-care or whose commercial exercise is based in accordance with § 93 (1) of the German Commercial Law (§ 93 (1)).
(2) In carrying out their duties, intermediaries must respect the well-being of the person in need of care and do not abuse their professional position in order to obtain personal benefits, such as by the unsolicable mediation or the unsoliced conclusion of shops. In particular, it is prohibited for them to receive services without equivalent consideration.
(3) The search for private persons for the purpose of collecting orders for services of the organization of personal care is only permitted on the express request, addressed to the intermediary. The acceptance of orders for such services is only permitted in the premises of the company or on the occasion of the request allowed under the previous sentence.
(4) The intermediary shall have in its commercial transactions, insofar as paragraph 5 does not specify otherwise,
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to point out its intermediary property, |
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to indicate the price of the intermediary activity, |
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to present the performance content of the mediation by the intermediary in a transparent way, indicating the costs incurred for the individual performance content; and |
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in the case of specified price examples, the total cost of all the performance content, as well as the case that these practical examples are subject to any support for 24-hour support in accordance with the above mentioned examples. Article 21b of the Federal Nursing Money Act shall be recruited with such a person to indicate the conditions for such promotion. |
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(5) In his advertisement, the agent shall indicate his/her intermediary property and shall indicate a telephone number or an Internet address under which the agent shall be responsible for the promotion of the agent. on which the information referred to in paragraph 4 (2) to (4) can be obtained.
(6) In the course of business transactions, intermediaries have to abstain from any misleading information, in particular in respect of performance and prices, in connection with the exercise of their profession.
Section 3
Facilitator, person maintainer
Information before the conclusion of the Organizational Contract
§ 4. In any event, before the conclusion of the Organizational Contract, the intermediary has to inform the person supervising person about the following:
| 1. |
the need to have an upright industrial property right at any rate at the time of the conclusion of the supervision contract (§ 2 of the regulation on the state of the art and the rules on the exercise of the services of the Personal care, BGBl. II No 278/2007, as amended), |
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the activities permitted under § 159 WO 1994; |
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the measures to be taken in accordance with § 160 GewO 1994 for quality assurance and |
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| 4. |
the requirements arising from the Regulation on the rules governing the exercise of the service of persons under the supervision of persons, and in particular the minimum contents of the care contract referred to therein. |
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Organization Contract
§ 5. (1) The Organizational Contract must be concluded in writing. The agent shall be responsible for a written copy of the contract to the person supervising person.
(2) The organisational contract shall include the following minimum content:
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the name (the company) and the address of the contractual partners, |
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the beginning and duration of the contractual relationship; |
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a transparent presentation of the performance content, including the information on the current services, provided that such information has been agreed between the intermediary and the person's supervisor (such as support for arrival and departure, assistance with -the cleansing of conflicts between the person responsible and the person in need of care, assistance with the organisation of representation in the event of prevention), |
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the maturity and the amount of the price, broken down according to the individual performance content, the methods of payment and the indication of whether the intermediary has an account for the account of the person supervising the person; |
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Provisions relating to termination of the contractual relationship, whereby provision should be made for the organisational contract to be repealed as a result of the death of the person supervising person and to the person responsible for the pursuit of the business of the organisation of personal care. The contract must be reimbursed proportionally and that the contract can be cancelled by both parts of the contract, subject to compliance with a two-week notice period at the end of a calendar month, and |
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| 6. |
Indication of a contact person of the mediator, which can be reached in a timely manner. |
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(3) The individual contents are simple and comprehensible, but nevertheless comprehensive and accurate to rewrite.
Documentation
§ 6. The current services provided by the intermediary on the basis of the organizational contract (§ 5 para. 2 Z 3) must be documented on a regular basis and made available to the person supervising person upon request or to be followed in writing.
Section 4
Facilitator, person in need of care
Demand Survey
§ 7. (1) Before the conclusion of the conciliation agreement, the mediator shall:
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collect the care requirements and the care situation of the person in need of care on the spot; and |
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| 2. |
check that the person supervisors provided for in the specific case for the mediation can meet the requirements of the child-care service identified in accordance with Z 1. |
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(2) The facilitator shall document the results of the surveys (Z 1) and the examination (Z 2) and shall, on request, be accessible to the person in need of care and to the contractual partner, if the person in need is different from the person in need of care. , or to follow them in writing.
Education
§ 8. The agent must be interested in
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inform about the activities of the persons supervisors in accordance with § 159 GewO 1994, |
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clarify the obligations of the person-supervisor (such as the obligation to explain and remove the taxes and social security contributions that are related to the care of persons themselves), |
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inform about the services offered by the intermediary, stating the costs, and this must be done in writing on request. |
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Mediation Contract
§ 9. (1) The conciliation agreement shall be concluded in writing. The intermediary shall have the person in need of care, or the person who concludes the contract with the intermediary in favour of the person in need of care, to issue a written copy of the contract.
(2) The placement contract shall include the following minimum content:
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the name (company) and the address of the contractual partners, |
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| 2. |
the beginning and duration of the contractual relationship; |
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a transparent presentation of the performance content, including the information relating to the current services, provided that such information has been agreed between the intermediary and the person concerned (such as the regular review, whether the person referred to in § 7 paragraph 1 has changed the need for care, and the implementation of appropriate advice, assistance in the field of the cleaning up of conflicts between the person-carer and the person in need of care, the organisation of a representative in the Prevent), |
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the maturity and the amount of the price, broken down according to the individual performance content, the methods of payment and the indication of whether the intermediary has an account for the account of the person supervising the person; |
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Provisions on termination of the contractual relationship, provided that the mediation contract is cancelled by the death of the person in need of care and the person responsible for the pursuit of the business of the organisation of personal care to reimburse a person entitled to a payment in advance and to the fact that the contract can be disbanded from both parts of the contract, subject to compliance with a two-week notice period at the end of a calendar month, and |
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| 6. |
Indication of a contact person of the mediator, which can be reached in a timely manner. |
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(3) The individual contents are simple and comprehensible, but nevertheless comprehensive and accurate to rewrite.
Documentation
§ 10. The current services provided by the intermediary on the basis of the mediation contract (§ 9 para. 2 Z 3) must be documented on a regular basis and must be made available to the contractual partner upon request or to be followed in writing.
Section 5
Conclusion and entry into force
Gender neutral name
§ 11. The personal names used in this Regulation shall be understood to be gender neutral.
Entry into force and transitional arrangements
§ 12. (1) This Regulation shall enter into force one month after the end of the day of the event. The rules shall apply only to contracts concluded after that date.
(2) Existing documentations shall be made accessible within the meaning of § § 6, 7 (2) and 10. They shall not be supplemented retrospectively for the period prior to the entry into force of this Regulation.
Mitterlehner
