Change The Workforce Transfer Law, The Agricultural Work Act 1984, The Labour Constitution Act, Of The Labor Contract Law Adjustment Act Of Arbeitnehmerinnenschutzgesetzes, The...

Original Language Title: Änderung des Arbeitskräfteüberlassungsgesetzes, des Landarbeitsgesetzes 1984, des Arbeitsverfassungsgesetzes, des Arbeitsvertragsrechts-Anpassungsgesetzes, des ArbeitnehmerInnenschutzgesetzes, des ...

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98. Federal law be changed with the workforce transfer law, the agricultural work Act 1984, the labour Constitution Act, the labor contract law adjustment Act, the employee, the aliens Employment Act, the labour market policy financing Act, the unemployment insurance law of 1977, the Bauarbeiter Urlaubs - and clearance and the construction workers bad weather Compensation Act 1957

The National Council has decided:

Table of contents

 



Article

1

2

3

4

5

6

7

8

9

10



Subject

Amendment of the labour supply law

Amendment to the agricultural work Act 1984

Amendment of the labour Constitution Act

Amendment of the employment contract law adjustment Act

Change of ArbeitnehmerInnenschutzgesetzes

Amendment of the aliens Employment Act

Amendment of the labour market policy financing Act

Amendment to the unemployment insurance act of 1977

Amending Bauarbeiter Urlaubs - and clearance law

Amendment to the construction workers bad weather Compensation Act 1957 article 1

Amendment of the labour supply law

The workforce transfer law, BGBl. No. 196/1988, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. paragraph 1 paragraph 2:

"(2) are excluded from the scope of sections II to V of this Federal Act 1 is hiring-out of workers who in 1984, BGBl. No. 287, are subject to the agricultural work Act hiring-out of workers by the Federal Government, a country, a municipality or a municipal Association and 2.."

2. According to section 1, paragraph 2, the following paragraph 2a is inserted:

"(2a) on the hiring of employees who in 1984 subject to the agricultural work Act, are not applicable: 1 § 6, 2. § 10 paragraph 3 with regard to the working hours."

3. According to section 1, paragraph 4, the following paragraph 4a is inserted:

"(4a) section V of this Federal Act Z 72 of the GewO 1994, as well as corresponding assignment from abroad only applies to hiring-out of workers within the meaning of § 94."

4. in the article 1, par. 5, the phrase "the European economic area (EEA)" is replaced by the phrase "of the European Union (EU), the European economic area (EEA)".

5. 5 paragraph 1 the following sentence is added to §:

"The employer has the Agency about the performance of night heavy work within the meaning of article VII of the night heavy work Act (NSchG), BGBl. No. 354 / 1981 and heavy lifting in the sense of paragraphs 1 to 3 of heavy labor regulation, Federal Law Gazette II No. 104/2006, to inform this to fulfil the reporting obligations the night heavy work relating to in accordance with article VIII NSchG and heavy lifting periods according to § 5 of the heavy labor regulation." The Agency has to inform the new labour of received messages in writing."

6. According to § 6 the following section 6a together with heading is added:

"Equality and discrimination

§ 6a. (1) in respect of employment in the operation of the employer is also the employer considered employers of licensed workers within the meaning of the equal treatment regulations and prohibitions of discrimination that apply to comparable workers of the employer.

(2) para 1 applies especially to the selection of licensed workers and other working conditions, among which also the termination of a transfer.

(3) the consignor is obliged to provide, as soon as he knows or must know that the employer does not comply the equal treatment regulations or prohibitions of discrimination during the period of employment for reasonable remedy.

(4) results in a discrimination to a termination of assignment, so can a termination in this context or non-renewal of employment within the meaning of article 12, paragraph 7 and 26 par. 7 of the equal treatment Act (GlBG), Federal Law Gazette I no. 66 / 2004, and similar statutory provisions challenged and requested damages, as the termination or non-renewal of employment on the basis of discrimination would be.

(5) the consignor has against the employer entitled to reimbursement of all expenses resulting from the para 3 and 4."

7 paragraph 7 subsection 2:

"(2) section 332, para. 5 and § 333 of the General Social Insurance Act (ASVG) also apply to the licensed workers."

8. in section 10, paragraph 1 the following sentence is added:

"Moreover, carefully is the applicable to comparable workers in similar occupations in the dealing with heritage train other binding provisions of a general nature to take, unless subject to a collective agreement, the Agency is subject to, as well as a collective, defined by regulation or statutory regulation of pay in the dealing with heritage train."

9. after article 10, paragraph 1, the following paragraph 1a is inserted:

"(1a) be workers for more than four years of an employer who is a workers guarantee within the meaning of article 2 granted Z 1 of operating pension Act (BPG), Federal Law Gazette No. 282/1990, left, the employer at the end of the fourth year at that time for the further period of assignment as an employer of licensed workers within the meaning of the BPG, if there is not an equivalent agreement of disposing of the transferred worker to apply." The employer has contributions to a pension fund or an occupational pension group insurance to afford premiums anyway, at the end of the fourth year for the licensed employee in accordance with the guarantee applicable to its workers – regardless of any agreed waiting - for the further period of assignment. Upon termination of assignment of licensed workers can have the sections 5 or 6 c BPG the fictional Unverfallbarkeitsbeitrag proper at this time according to, if a comparable as regards the duration of the employment workers of the employer might have a Unverfallbarkeitsbetrag in accordance with the applicable guarantee at this time. The fictional Unverfallbarkeitsbetrag calculated according to same calculation rules, which are according to the regulations of the BPG at termination of employment underlying to the calculation of the Unverfallbarkeitsbetrages."

10 paragraph 10 para 3:

"(3) during the transfer the applicable to comparable workers in the dealing with operation valid legal, contractual, and other in the dealing with heritage drive binding general nature, which relate to aspects of working hours and holidays regulations the new labour."

11. According to § 10 paragraph 5 the following paragraph 6 is added:

"(6) the employer has to grant access to the welfare facilities and measures in its operation under the same conditions as its own workforce of licensed workers, unless different treatment is justified on objective grounds. Especially child-care facilities, catering and transport are among the charities and measures."

12 paragraph 10a together with the heading:

"Additional provisions applicable to cross-border provision of

Article 10a. (1) a labour which is left to Austria from abroad has without prejudice to the applicable to the employment relationship right for the duration of the provision mandatory entitlement to paid leave pursuant to section 2 of the Holiday Act (UrlG), Federal Law Gazette No. 390/1976, provided that the extent of the holiday is less under the legislation of the country of origin. After the transfer, this worker retains the aliquot part of the difference between the holiday demands under Austrian law and the leave entitlement, which is available to you under the legislation of the country of origin corresponding to the duration of the assignment. Workers, applies the scheme of paid leave of Bauarbeiter Urlaubs - and clearance Act (BUAG), Federal Law Gazette No. 414/1972, are excluded from this scheme of paid leave.

(2) a labour force that is left from abroad to Austria has without prejudice to the applicable to the employment relationship right for the duration of the transfer necessarily entitled to 1 wages in case of illness or accident including the claims for termination of employment, holidays and service preventing other important personal reasons in the duration valid for comparable workers and altitude, 2. compliance with the notice periods valid for comparable workers and termination dates, as well as the standards about the special termination and dismissal protection and 3.
Termination compensation, insofar as this is more favorable than the requirements under the legislation of the country of origin.

(3) the collective agreements applicable to commercially licensed workers in Austria are also apply to workers transferred from abroad to Austria.

(4) in accordance with § 10 remain unaffected."

13 paragraph 11:

"§ 11 (1) the consignor must a worker to a third party only after express agreement abandoned, that set has regardless of the individual provision in particular the following conditions mandatory: 1. name and address of disposing;"

2. name and address of the worker;

3. start of the contractual relationship;

4.

Contract conditions on certain time the end of the contractual relationship and the reasons for the limitation.

5. duration of the notice period, termination date;

6 federal States or States in which the new labour; are employed

7. any classification in a general scheme;

8. intended use, expected nature of the work;

9 initial reference (basic salary or - salary, additional remuneration elements such as E.g. special payments), due date of the fee;

10 amount of annual recreation holiday;

11 agreed daily or weekly normal working hours;

12th term to be applied to the contractual relationship at best standards of collective legal design (collective agreement, operating agreement) and pointing out the space in the operation, in which they lie for inspection;

13 name and address of the operational Vorsorgekasse (BV cash) of an employee or employees who are subject to the BUAG, address of the Bauarbeiter Urlaubs - und Abfertigungskasse.

(2) prohibited are in particular terms and conditions, which 1 restrict the claim to remuneration on the duration of employment in the operation of the employer;

2. work time significantly lower than the average of the employment scale expected or set a lower level of working hours for granting grace periods;

3. when agreed part-time employment the employer give the right to the arrangement of regular overtime;

4. limit the contractual relationship without objective justification;

5. the revocation or limitation rules shorten;

limit 6 provided labour for the time after the end of the contract to the Agency, in particular through penalties, Reugelder or setting prohibitions, in their employment;

to the payment of a fee in return for the provision or in the case that a licensed worker enters an employment relationship after termination of the release with the former employer, commit 7 licensed manpower;

8 contrary to section 10 para 6 restrict access of entrusted worker to the charities or measures of dealing with heritage drive.

(3) agreements that provide for other penalties or Reugelder, are only allowed as not to subject, place or time and in relation to the business interests that the consignor on the compliance with the respective contractual obligations has, cause an undue financial burden of provided labour.

(4) of the agreement a service is the labor force immediately after the start of the contractual relationship to exhibit, which must contain the information referred to in paragraph 1.

(5) the consignor refuses to issue the service receipt, the worker is not obliged to comply with the provision. A service registry is then not to exhibit, if a written agreement was issued, which contains all information referred. Each change of data is the labour without delay, but no later than one month after the beginning of her effectiveness, in writing, as far as No § 12 apply. The service is exempt from stamp and legal fees of the Federal Government.

(6) has the manpower to carry out the activity in a foreign country, so has listwhose â in addition following service list or the written agreement information prior to the commencement of overseas activities to contain: 1. to pay the fee is the place and the expected duration of foreign activity, 2. the currency in which, if not to pay in euro, a 3. any additional remuneration for operations abroad ", 4. any conditions for the repatriation to Austria."

14 paragraph 12:

"§ 12 (1) the consignor is obliged to communicate the circumstances essential for providing the labour force before any employment in another firm and to confirm as soon as possible in writing, in particular 1 the employer, 2. the collective agreement applied to comparable workers for comparable activities in the dealing with heritage drive and the classification in the same, 3. the normal working time and estimated position in the operation of the employer, 4. the fee due for the duration of the transfer and expenses" , where salary or – salary, allowances, separately assign surcharges and special payments, 5. the type of work being done, 6 the expected duration of the assignment, 7 the exact date of commencement of work, 8 the exact place of employment, 9, where appropriate, the fact that also work outside the facility are to perform.

§ 9 para 4 of the ArbeitnehmerInnenschutzgesetzes (after), BGBl. applies to the information requirements relating to safety and health at work no. 450/1994.

(2) in the case of ending the trade licence, the consignor has verifiably in writing to inform immediately any licensed worker and every employer.

(3) the employer provided cross-border workers is obliged, in perception of the duty of care incumbent licensed workers each of the relevant, in para 1 has been shown to inform especially the Z 1 to 9 stated, circumstances of the employment.

(4) the employer has to inform the licensed labor on job vacancies in its operation, which are to be filled. The information is general announcement at appropriate, provided labour more accessible point in the dealing with operation to be carried out.

(5) the Agency and the employer are obliged to promote access by licensed workers to education and training in their enterprises, to support their professional development and opportunities on the labour market in an appropriate manner.

(6) the consignor is obliged at least fourteen days before the end to tell the end of assignment to the employer provided labour if the assignment to the employer takes at least three months and is due to the end of the licensing not objectively unforeseen events."

15 paragraph 12a:

"Article 12a. The employer is obliged to inform the Agency about the circumstances essential for providing their prior informed in particular about the required qualification of provided labour and collective agreement applicable to the collective classification in the related in the dealing with heritage drive for comparable workers for similar activities as well as in the dealing with operation of applicable essential work and conditions of employment which are laid down in binding provisions of a general nature and relate to aspects of working hours and holidays. This last sentence in the case of article 10, paragraph 1 also applies to binding provisions of a general nature concerning remuneration."

16 paragraph 13:

"Section 13 (1) the consignor has from recording the hiring activity to keep a record of hiring-out of workers.

(2) the records shall contain: 1 before and- or family name, social security number, date of birth, gender and nationality as well as how to use it (workers and employees) of licensed workers, 2 name of employer and whose legal advocacy, for membership of a Chamber of Commerce also the competent professional association of the Wirtschaftskammer Österreich, lack a legal advocacy that voluntary professional association, which has signed the collective agreement, which or whose articles for comparable workers of the employer is effective (Professional Association) , 3. beginning and end of the assignment for each new worker.

(3) the Agency has the records to keep in accordance with paragraph 2, as well as the copies of the service list in accordance with article 11, paragraph 4 and the notices under section 12 until the expiration of five years after the last entry.

(4) the consignor has by the Federal Minister of labour, to convey social and consumer protection of commissioned service providers electronically in an easily consumed format annually with end of July for the preceding each year the following data: 1 pre-and post - or family name, date of birth, gender, nationality and workers - or employed by him employed both beginning and end of each assignment, as well as a licensed workers and 2 per employed worker) for membership of the employer to a Chamber of Commerce the relevant association or b)
When not membership of the employer to a Chamber of Commerce other legal advocacy or the Professional Association and its any technical breakdown, which the employer is a member, and 3. the State (on assignment outside of Austria the State), in which the operation of the employer is located.

(5) the data referred to in paragraph 4 within a period of two months from the due date completely transmitted, it is considered no. 3 not message in the sense of section 22 para 1 lit. (c).


(6) the Federal Minister for labour, Social Affairs and consumer protection can hire suitable companies and institutions with the implementation, review and evaluation of the survey referred to in paragraph 4. Data protection customer for such orders is the Federal Minister for labour, Social Affairs and consumer protection. The direct personal reference (pre-and- or family name, birth month and day) is by the Federal Minister for labour, Social Affairs and consumer protection or by the contracted service provider to delete immediately after creation and mapping of the area-specific person mark.

(7) the Federal Minister for labour, Social Affairs and consumer protection has annually to create statistics on the labour supply. In addition, historical statistics may be created.

The following data are 1 in the annual statistics for the provision of labour to publish: a) total number of employed workers;

(b) the number of the consignor, ordered by federal States (in the case of foreign Überlassern after States);

c) the number of the employer, ordered by Länder (States), according to their professional affiliation, d) number of labour provided in the domestic and foreign, broken down by workers, employees, gender, nationality, the State (State), in which the new labour is employed, and the respective professional membership of the employer;

(e) duration of each assignment (up to one month, one to three months, three to six months, six to twelve months, twelve to 36 months and over 36 months), as well as f) average number and the service conditions.

2. for the purpose of creating historical statistics of full-service commercial workers, the Federal Minister for labour, Social Affairs and consumer protection must in addition even data in accordance with section 25, paragraph 1, of the labour market Service Act (AMSG), Federal Law Gazette No. 313/1994, other than health information pursuant to § 25 para 1 Z 4 AMSG, and which by the main Association of Austrian social insurance institutions in accordance with § 25 paragraph 2 submitted AMSG data indirectly personal data (bPK) use. The indirect personal reference is to eliminate, as soon as it is no longer needed for statistical or scientific work. Insofar as this is necessary for long-term historical statistics and analysis, the indirect relation of the person should be stored encrypted (bPK) up to 30 years. The restoration of a direct person cover is not allowed in any case.

(8) the employer of workers transferred from the EEA Nos. 1 and 3 has the records referred to in paragraph 2 as well as to the respective Agency (particularly name and seat), to keep these records, as well as copies of the notifications pursuant to article 12 paragraph 3 until the expiration of five years after the last entry and to comply with the obligations referred to in paragraph 4 where the professional affiliation of the employer and the State , where is the dealing with heritage drive, is the State where the Agency is headquartered, to specify.

(9) the Federal Minister for labour, Social Affairs and consumer protection may, order if there is a need for timely discovery of data, a more frequent transmission of data in accordance with paragraph 4 after hearing the legal representation of interests through regulation."

17 the following sentence is added to the section 14, paragraph 1:

"Liability is reduced pro rata by employer and service contributions to the social security system, which already has transferred 2 ASVG in the service center of the employer in accordance with § 67a para 3 Z, to the extent that the employer must prove the activities of licensed worker in the context of the respective order, as well as the amount of contributing attributable to the new labour during this activity."

18. in § 15 para 1, the expression "Federal Minister for Economics and labour" by the expression "Federal Minister for labour, Social Affairs and consumer protection" and the expression is "that for the range of certain legal representation of interests of the employer or for specific professional groups" by the expression "that for the range of certain legal advocacy organizations or professional associations or their subdivisions" replaced.

19. the heading to section 17 is as follows:

"Reporting requirements"

20 paragraph 17 para 3:

"(3) the notification referred to in paragraph 2 shall contain the following information: 1 name and address of disposing, 2. names and address of the employer 3., birth dates, social security numbers and nationality of licensed workers, 4. beginning and expected duration of employment with the employer, 5. amount of pay due each individual worker, 6 places of employment, 7 type of activity and use of individual workers."

The following sentence is added at 21 § 17 section 4:

"The central coordination office has a copy of the messages on the competent sickness insurance institution (§§ 26 and 30 ASVG), the Bauarbeiter Urlaubs - und Abfertigungskasse (BUAK) and the Federal Minister of labour, to provide social and consumer protection."

22 paragraph 17 section 5:

"(5) the authority referred to in paragraph 1 has, unless it is construction activities to convey the messages of holiday builders und Abfertigungskasse."

23. According to § 17 para 6 the following paragraph 7 is added:

"(7) the employer documents concerning the application of labour social security has for each handed over labour liable for social security in Austria (social security document a-1 according to Regulation (EC) No 883/04 on the coordination of social security schemes, OJ)" No. L 166 of 30.04.2004 p. 1, as last amended by Regulation (EC) No. 465/2012, OJ (Nr. L 149 vondem 8.6.2012 S. 4), as well as a copy of the message in accordance with paragraph 2 and 3 on the Arbeits(Einsatz)ORT to hold. "

24 paragraph 2 deleted § 18; the previous paragraph 3 is (2) paragraph labeled.

25. in article 20 a comma and the expression 'the tax authorities' be inserted in paragraph 1 after the expression "Central Coordination Office for the control of illegal employment". In paragraph 4, the expression "Federal Ministry of Economics and labour in accordance with § 13 para 5" is replaced by the expression "Federal Minister for labour, Social Affairs and consumer protection pursuant to § 13 para 6".

26. in section 21 the expression "Federal Minister for Economics and labour" be replaced in para 1 the expression "the expert group" Z 3 by the expression "Federal Minister for labour, Social Affairs and consumer protection" and in paragraph 2 by the expression "The Association or the Association as well as their possible technical breakdowns".

27 paragraph 22, section 1:

"§ 22 (1) (unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is by the district administrative authority punish 1 with fine of €1 000 to 5 €000 in case of repetition of 2 €000 up to €10 000, who a) meets as agency or employer unlawful agreements (sections 8 and 11 par. 2) and compliance demands" , b) workers in companies affected by the strike or lockout leaves (§ 9), c) as agency or employer to an unauthorized cross-border provision (section 16) is involved, d) workers leaving despite prohibition of hiring activity (sec. 18);

2. by fine from €500 up to 5 €000 in case of recurrence of 1 €000 up to €10 000, who does not timely reimbursed the messages pursuant to § 17 para 2 or the not ready holds necessary documents contrary to section 17 paragraph 7;

3. fine up to 1 €000 in case of recurrence of €500 up to 2 €000, who a) a worker without exhibition a service note which complies with the requirements of § 11, leaves, b) the notification requirements (§ 12 para 1 to 5 and § 12 a) fails to comply, if this is a risk of damage for the labour c) records to leading in accordance with section 13 or to submit statistical data not or poorly presented , d) the refund of the notification in accordance with article 17, paragraph 1 fails.

4. fine up to 1 €000 in case of recurrence of €500 up to 2 €000, who as agency or employer the authorities appointed to monitor and the institutions of social security at the request of a) for the verification of compliance with the provisions of the labour supply necessary information not provided (article 20 para 2 Z 1), b) submits the documents required for this review not to review (section 20 para 2 Z 2). "(, c) denied the making of copies, extracts or copies of such documents (section 20 para 2 No. 3), d) access to the operation or the insight into the labour force transfer documents denied (§ 20 para. 3)."

28 the following paragraph 4 is added to § the 22:

"(4) in the case of cross-border labour supply the administrative offence is considered in the jurisdiction of the district administrative authority committed, where the Arbeits(Einsatz)ORT of workers transferred to Austria is, changing Arbeits(Einsatz)orten in the place of control."


29. the previous "section V" is labeled "Section VI" and V together with the heading the following new section is inserted after section 22:

'Section V

Social and educational funds

section 22a. (1) for the purpose of assisting full-service commercial workers in non-transfer time, a social and training Fund (Fund) is established with legal personality in Vienna. The scope of the Fund covers the entire Federal territory. Contributions referred to in article 22d accruing to the Fund.

(2) the management of the Fund is their bodies. The posting by etón members in the institutions is the Trade Association of commercial service providers on employers and on pages of workers representatives of trade unions concluding the respective collective agreements for licensed workers and for the licensed employees.

(3) the supervision of the Fund is the Federal Minister for labour, Social Affairs and consumer protection.

Organs

section 22 b. (1) the organs of the Fund are the Management Board and the Supervisory Board.

(2) the Management Board consists of six members, of which three representatives of employers and three representatives of the workers, of which two of the collective agreement for the licensed workers and to send one from the Union concluding the collective agreement for the licensed employees. Each Member is to send a replacement member.

(3) the Supervisory Board consists of four members, of which each two representatives of employers and of workers. Each Member is to send a replacement member.

(4) pursuant to par. 2 iVm § 22a para 2 dispatched members (alternate members) of the Board and of the Supervisory Committee are appointed by the Federal Minister for labour, Social Affairs and consumer protection for a term of four years. A member (substitute member) early retires, is to a member (substitute member) for the remaining term of Office.

(5) the members of the Board and of the Supervisory Committee each select a Chairman, a Deputy and a Secretary from among its members. In the inaugural session the oldest life years Member of the employee side chairs. The membership of the Board is incompatible with membership in the Committee. The Chairman of the Board is the legal representative of the Fund in accordance with the decisions of the Board.

(6) the members of the Board and the members of the Committee have their Office to perform conscientiously and voluntarily. You are subject to the secrecy here.

(7) the Board of Directors conducts the business. He has a year estimate and to create accounts for each calendar year. He has to set the performance of the Fund, taking into consideration the to expected revenue and expenditure. He has to adopt its rules of procedure with the consent of the Supervisory Committee.

(8) the Committee has constantly to monitor the activity of the Executive Committee, to examine in particular compliance with the statutory and contractual provisions, and the proper economical use of resources. Perceptions and grievances are promptly to report the Board of Directors. A test report is once a year to create.

(9) Executive Board and the Supervisory Board take decisions by a simple majority of the votes. The Chairman shall vote. A two-thirds majority is required for decisions of the rules of procedure. Other matters can be set in the rules of procedure, where a two-thirds majority is required.

Tasks

Article 22c. (1) the Fund's job is to workers by hiring companies during those times in which they leave or are unemployed within the meaning of § 12 of the unemployment insurance Act 1977 (AlVG), BGBl. No. 609, to support or to avoid unemployment during the assignment-free due to lack of a hiring opportunity in not dealing with heritage drive.

(2) in order to fulfill this task the Fund can provide the following services: 1. grants to (former) employees, 2. Services for the financing of training measures, 3. services to Überlasser to extend the period of employment with the Agency.

(3) on the performance of the Fund is not a legal entitlement. The grants and other services are not pay within the meaning of § 49 ASVG; They also article 3, paragraph 1 shall apply to no. 3 lit. (a) of the EStG 1988.

(4) the Board of Directors with the approval of the Monitoring Committee has the detailed provisions on type, height, duration, granting and request can be back the services to set in writing. The benefits of the Fund have to be made on the basis of standardized and easily administrable criteria.

(5) the Fund can entrust with resolution of the Board also a service provider with the handling of his achievements. If a service provider is entrusted, this represents the funds within the scope of the transferred activity outside and this paragraph 4 before the decision on the services sense to listen to. Significant changes in terms of the effort of processing entitle the service provider cancel the contract if this is not customized.

(6) the main Association of Austrian social security institutions (Hauptverband) has the funds or this service providers commissioned by following data electronically to provide one for the services provided: Name and date of birth of registered unemployed people who employs Z 72 GewO before its flag at a personnel within the meaning of section 94 were 1.

2. name of the Arbeitskräfteüberlassers to which was the employment relationship;

3. completion date and duration of this employment and working conditions in the last twelve months previous to Arbeitskräfteüberlassern;

4. duration of the flag as unemployed.

(7) arising from the data provision expenses from the Fund are the main Association to reimburse. The Fund or a service provider by this may only as far as whether the conditions for the grant of a subsidy are available, you use, as these for testing, the data provided by the Association.

(8) the central coordination point for the control of illegal employment has the foreigner employment law and the labor contract law adjustment Act of the Federal Ministry of finance from this authorized service provider for the collection of contributions pursuant to section 22d para 2 and 4, and for the provision of services for employees transferred from abroad to provide the data according to § 17 para 3 available to the Fund or a.

Raising the financing

Article 22d. (1) the consignor have employed workers for the by them for the purpose of assignment to a third party to pay a contribution to the Fund. The contribution rate is in 2013 0.25%, in 2014, 0.35 per cent, in the year 2015 0.6% and from 2016 0.8 vH of the contribution basis. The contribution basis is that according to the General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955, applicable General contribution basis up to the amount in accordance with § 45 ASVG set maximum contribution basis. By special payments (§ 49 para 2 ASVG) special contributions shall be payable to the Fund with the same percentage.

(2) the contributions referred to in paragraph 1 shall be paid by Überlassern without seat in Austria for workers transferred to Austria to the Fund. Contribution basis is the remuneration of the employee (section 17 para 3 Z 5), but at most up to an amount that ASVG set maximum contribution basis corresponds to in accordance with article 45.

(3) the statutory health insurance on the withdrawal of the insurance fee of the fees rules for the collection of contributions and special contributions referred to in paragraph 1. The contributions are increasing along with the contributions to the social security system by the competent social security institution and forward to the Fund.

(4) the contributions for employees transferred from abroad are to be paid by the consignor to the Fund. The Fund can entrust a service provider with the contribution collection. The consignor does not fulfil the obligation to pay contributions, the Fund and the service provider has to enforce the open posts in the Court way. Court of competent jurisdiction is the labour and social Court of Vienna.

(5) the competent social security institution shall be entitled to withhold a payment of withheld (referred) contributions (Special articles) in the amount of 0.5% as compensation for their expenses.

(6) a service providers (section 22c paragraph 5) from the collection of the contributions to section 4 and of the settlement of transferred activities incurred expenses are to reimburse the Fund according to following principles: expenses for services commissioned by the service provider are to be replaced after stroke. A one-time fee for the initial setup as well as an annual compensation, which by regulation of the Federal Minister of labour, after consultation with the Fund and of the service provider to set social and consumer protection deserves this for the provision of services by the service provider. These allowances are subject to no sales tax.


(7) by the Federal Government in accordance with section 6a of the labour market policy financing Act (AMPFG), Federal Law Gazette No. 315/1994, transferred the funds funds are used for purposes of training and can be used until the end of 2016 for other tasks of the Fund.

(8) the Fund can take contributions to carry out its tasks also by third parties.

(9) the obligations relating to the payment of contributions rests according to paragraphs 1 and 2, if and as far as in accordance with § 10 para 1 last sentence the dealing with heritage drive other binding provisions of a general nature are applicable.

Supervisory

Article 22e. (1) the supervision of the Federal Minister for labour, Social Affairs and consumer protection extends to compliance with the laws and regulations as well as the management of the Fund in accordance with the principles of economy, efficiency and expediency.

(2) the Board of Directors is obliged to give the Federal Minister for labour, Social Affairs and consumer protection on request all information necessary for the exercise of supervision and to provide the necessary documentation.

(3) the Federal Minister for labour, Social Affairs and consumer protection or a representative Constitution so that it is entitled to participate in the meetings of the organs of the Fund.

Dissolution of the Fund

Article 22f. (1) the Federal Minister for labour, Social Affairs and consumer protection has to dissolve the Fund after consulting the legal advocacy organizations when 1 no fund assets is available, 2. the Fund assets for the fulfilment of the purpose of the Fund is insufficient and a supply additional funding not taken into consideration comes, or 3. the purpose of the Fund is not achieved.

(2) the existing resolution Fund assets is divided proportionally on the Agency paid the contribution in accordance with article 22d or, if a Division would be uneconomic - to transfer the appropriate collective agreement enabled corporate of employers.

Criminal provisions

section 22 g. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is up to €5 000 by the district administrative authority with a fine of €1 000, to punish up to €10 000, who paid the contributions made to the Fund as a result not according to article 22d par. 1 and par. 2 in case of repetition of 2 €000 , except that this obligation in accordance with section 22d paragraph 9 rests.

(2) in the case of cross-border provision the administrative offence is considered in the district administrative authority having jurisdiction committed, where the Arbeits(Einsatz)ORT of workers posted to Austria is, changing Arbeits(Einsatz)orten in the place of control."

30. the section 23 be added following paragraph 15 to 17:

"(15) § 1 para 2, para 2a, 4a para and para 5, § 5 para 1, § 6a together with heading, section 7 para 2, § 10 para 1, para 3 and para. 6, § 10a with headline, article 11, article 12, section 12a, § 14 para 1, § 15 para 1, the heading before section 17, § 17 para 3 to paragraph 5 and para 7, § 18, § 20 para 1 and para 4, § 21 para 1 and para. 2 No. 3" , section 26 and section V and VI as amended by Federal Law Gazette I no. 98/2012 apply with 1 January 2013. Posting and order of the members of the governing bodies, as well as the establishment of organs of the social and educational Fund with effect from 1 January 2013 can be done already I no. 98 / 2012 following day at on the promulgation of the Federal Act Federal Law Gazette. The contribution obligation according to article 22d par. 1 and 2 enter into force with respect to full-service commercial workers with 1 January 2013 and full-service commercial clerk with 1 January 2017.

(16) section 22 as amended by Federal Law Gazette I no. 98/2012 effective with January 1, 2013 and is on facts occurring after December 31, 2012, to apply. On facts which occurred before the expiration of the December 31, 2012, section 22 continues as amended before the entry into force of this federal law to apply.

I no. 98/2012 (17) § 10 par. 1a and § 13 as amended by Federal Law Gazette with 1 January 2014 into force."

31 § 26 Z 3 in the version of Federal Law Gazette I no. 35/2012 called Z 2.

32. No. 196/1988 is omitted article VI of the Federal Law Gazette.

Article 2

Amendment to the agricultural work Act 1984

The agricultural work Act 1984, BGBl. No. 287, as last amended by Federal Law Gazette I no. 19/2012, is amended as follows:

1. (determination of principle of) in article 4, paragraph 1, the quote "2a" are by the quote "2a to 2 c" and the quote "sections 40 to 51" by the quote "sections 40 l-51" replaced.

2. (principle of determination) according to § 5 is inserted the following § 5a along with heading:

"Definitions for the provision of employees

§ 5a. (1) a transfer within the meaning of this Act is, if employees are made to third parties available, to work for them and under their control.

(2) agency undertakes, who employ employees work performance to a third party.

(3) employer is who uses licensed employees to work for separate tasks.

(4) for the assessment, whether there is a transfer of employees is the true economic substance and not the external appearance of the decisive facts.

(5) a provision also exists if the employees perform their work in the operation of the plant buyer in fulfillment of contracts for work, but 1 no different from the products, services, and intermediate results of the plant buyer, distinguishable and attributable work to connect the work entrepreneurs or participate in its production or afford 2 not mainly the work with materials and tools of the plant operator or 3. organizationally are incorporated in the operation of the factory customer and whose service and supervision are subject or 4 the work entrepreneurs not for the success of the work effort is liable.

(6) the rules for the use of employees are without prejudice to the otherwise applicable to the employment law for employees from the EU, the European economic area (EEA) or from third countries provided. Hiring-out of employees in Switzerland is to be treated as the transfer from the EEA."

3. (determination of principle of) in section 14a paragraph 2, the phrase does not apply "to work within the framework of a labour supply or".

4. (determination of principle of and directly applicable federal law) to be 14 b following § § 14 c and 14 d including heading added:

"More claims against foreign employer without seat in an EU or EEA Member State or Switzerland when posting

§ 14c. (Determination of principle of) (1) the employee is dispatched by an employer without seat in a Member State of the EU or the EEA or Switzerland for work on the provision of a continuing work to Austria, is entitled to 1 without prejudice to the applicable to the employment contract law during the period of posting mandatory paid leave after section 67, provided that the extent of the holiday is less under the legislation of the country of origin; After posting this employee retains the aliquot portion corresponding to the duration of the posting of the difference between the holiday demands under Austrian law and the leave entitlement, which he is entitled to under the legislation of the country of origin;

2. compliance with the collectively defined working time arrangements.

(2) (directly applicable federal law) of the employer pursuant to para 1 and its contractor as an entrepreneur shall be liable as joint debtors for compensation claims arising after § 14a the service's.

More claims against foreign employer domiciled in an EU or EEA Member State or Switzerland when posting

section 14 d. (1) (principle provision) an employee who is sent by a service provider established in another Member State of the EU or the EEA or Switzerland to the provision of a continuing work to Austria, is without prejudice to the applicable to the employment contract law during the period of posting necessarily entitled to 1 paid leave after section 67, unless the extent of the holiday is less under the legislation of the country of origin; After posting this employee retains the aliquot portion corresponding to the duration of the posting of the difference between the holiday demands under Austrian law and the leave entitlement, which he is entitled to under the legislation of the country of origin;

2. compliance with the collectively defined working time arrangements;

3. keep the recording in the sense of the Council directive on the obligation of the employer to inform employees of the applicable to his employment contract or employment relationship conditions (91/533/EEC) in Austria by the employer or the exercise of the right of instruction of the employer towards the officer sent employees.


(2) (directly applicable federal law) Employer in the sense of paragraph 1 have the employment of employees who are sent to report at least one week prior to commencement of the Central Coordination Office for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of finance to provide a continued labor to Austria and a copy of the message in paragraph 1 Z 3 designated officer, if only an employee is sent , this, to hand over. As long as this is technically possible, has the message to be carried out electronically. In civil cases, urgent work and jobs to be done in the short term the message is immediately before taking up work to repay. Has the employer handed a transcript of the message the representative or the employee prior to employment, so the representative or the employee has to reimburse a message after the 1st set and 3 immediately with the work performed. The central point of coordination for the control of illegal employment to the aliens Employment Act and the labour contract law adjustment Act of the Federal Ministry of Finance has a copy of the notification to the competent sickness insurance institution (§§ 26 and 30 ASVG) electronically.

(3) (directly applicable federal law) the notification referred to in paragraph 2 has to contain the following information: 1. name and address of employer 2 name of in paragraph 1 Z 3 designated representative, 3. name and address of the domestic customer, 4. the names, birth dates and social security numbers and nationality of the after Austria sent employees, 5. commencement and expected duration of employment in Austria, 6 levels of remuneration due the individual employees , 7 place of employment in Austria (other locations in Austria), 8 the type of activity and use the service's 9 unless a regulatory approval is required for the employment of the seconded employees in the country of domicile of the employer, respectively the issuing authority as well as the business number, date of issue and the validity or a copy of the approval, 10 if the seconded employees in the country of domicile of the employer require a residence permit , each the issuing authority as well as the business number, the date of issue and the validity or a copy of the approval.

(4) (directly applicable federal law) employer within the meaning of paragraph 1 or in paragraph 1 Z 3 designated representative or the service workers (para. 2) have provided for the seconded employees in Austria is not social insurance compulsory, documents concerning the registration of the service employee's social security contributions (social security document a-1 according to Regulation (EC) No 883/04 on the coordination of social security schemes, OJ) No. L 166 of 30.04.2004 p. 1, as last amended by Regulation (EC) No. 465/2012, OJ No L 149 of the 8.6.2012 p. 4) as well as a copy of the message to keep in accordance with paragraph 2 and 3 of the Arbeits(Einsatz)Ort in the domestic. If regulatory approval is required for the employment of the seconded employees in the country of domicile of the employer, is also the approval to hold.

(5) (directly applicable federal law) the organs of the tax authorities are entitled to enter the work place, to make the holding of documents pursuant to paragraph 4 to monitor as well as copies of these documents. When Arbeits(Einsatz)orten changing within one working day, the required documentation to the first Arbeits(Einsatz)ORT must be kept available. A controlled at one of the other Arbeits(Einsatz)Orte, are proven to provide the body the documents within 24 hours.

(6) (directly applicable federal law) the authorities shall in accordance with the data protection regulations also with authorities of other Member States of the EU or EEA, which for the monitoring of compliance with labour and social legislation or for combating illegal employment are responsible or information can identify whether an employer should comply with the working conditions referred to in paragraph 1 to work together, as well as to provide information on reasoned requests from authorities of other Member States. The granting of assistance to these authorities is exempt from stamp and legal fees of the Federal Government.

(7) (directly applicable federal law) the collective bargaining parties have to make accessible the collective agreements concluded by them in an appropriate form.

(8) (directly applicable federal law) who as employer or as laid down in paragraph 1 Z 3 bezeichneter representative 1.
the message referred to in paragraph 2 not timely reimbursed or 2.
the required documents contrary to paragraph 4 fails to provide, commits an administrative offence and is by the district administrative authority with a fine of 500 euros to 5 000 euros, to punish in case of recurrence of EUR 1 000 to EUR 10 000. At cross-border posting the administrative offence is considered the Arbeits(Einsatz)ORT of service workers sent to Austria by changing Arbeits(Einsatz)orten in the place of the control in the district administrative authority having jurisdiction committed, where."

5. (directly applicable federal law) before of the paragraph heading becomes 39 t § insert the following section heading:

"2B. family Hospice leave"

6. (principle and directly applicable federal laws) to § 39w the following section 2 c with headings inserted:

' 2c. hiring-out of employees '

General information

§ 40.(Grundsatzbestimmung) (1) employees must not be left without their express consent.

(2) the provision of employees in businesses that are affected by strikes or lockouts, is prohibited.

(3) claims, to which the licensed employees by this section or other mandatory legal requirements, can not be excluded contractually.

(4) agreements between the Agency and the employer, which serve circumvent statutory provisions for the protection of employees, are prohibited.

Admissibility of the cross-border provision

§ 40a. (1) the transfer of employees from abroad to Austria is allowed only if exceptional circumstances a permit referred to in paragraph 2 has been issued.

(2) the approval of the transfer of employees from abroad to Austria may be granted at the request of the employer, if 1 the employment of especially qualified professionals for arbeitsmarktlichen and economic reasons is essential need, 2 these employees only in the way of hiring from abroad are available and 3 causes no danger of wage and working conditions of domestic employees whose employment.

(3) the permit may not be granted pursuant to par. 2 where 1 against the rules concerning hiring-out of employees the employer has violated or has operated illegal employment 2. 3 has significantly violated obligations an employer arising from employment law including the protection of workers or the social insurance law.

(4) the permit referred to in paragraph 2 is granted only for a certain number of employees and only for a certain period of time;

(5) the approval referred to in paragraph 2 is be revoked if the preconditions for the issue no longer exist.

(6) paragraphs 1 to 5 are on assignment within the EU, EEA and Switzerland does not apply.

Social security and insurance

§ 40 b. (directly applicable federal law) (1) the duties of the employer within the meaning of the social security laws by hiring not be touched. The employer has the Agency about the performance of night heavy work within the meaning of article VII of the night heavy work Act (NSchG), BGBl. No. 354 / 1981 and heavy lifting in the sense of paragraphs 1 to 3 of heavy labor regulation, Federal Law Gazette II No. 104/2006, to inform this to fulfil the reporting obligations the night heavy work relating to in accordance with article VIII NSchG and heavy lifting periods according to § 5 of the heavy labor regulation. The Agency has written to inform the licensed employees of received messages.

(2) as a place of employment (section 30 ASVG) is the site of the operation 1. If a domestic agency of disposing and 2nd at a foreign agency of the location of the operation of the employer.

(3) the service employees Liability Act, Federal Law Gazette No. 80/1965, and the organ Liability Act, Federal Law Gazette No. 181/1967, apply between the consignor and the licensed employee as well as between the employer and the licensed employees.

(4) ASVG article 332, paragraph 5 and article 333 also apply to the licensed employees.

Claims of employees


section 40c. (Determination of principle of) (1) the licensed employee is entitled to a reasonable, its remuneration, which is at least once a month to pay and settle in writing. Standards organisation of collective rights, which the Agency is subject to remain unaffected. In assessing the adequacy, caution is for the duration of assignment to the collective agreement or statutory remuneration to be paid comparable employees for comparable activities in the dealing with heritage train to take.

(2) the employee is demonstrably willing to the performance and he cannot or employs just under the agreed extent, deserves the compensation on the basis of the agreed working hours.

(3) during the assignment, also dealing with heritage shoot binding provisions in General, which relate to aspects of the holidays apply to the licensed employees.

(4) the comparability is to judge according to the type of activity and the duration of employment in the operation of the employer as well as the qualification of service employee for this activity.

(5) the employer has to grant, unless objective reasons justify a difference in treatment licensed employees access to the welfare facilities and measures in its operation under the same conditions as its own service. These include in particular childcare facilities, catering and transport.

(6) as far as not in the transfer operation and in the operation dealing with the same collective agreement is applied, can the collective agreement for assignment by employers who fall within its scope, provide for exceptions to paragraph 1, if the provision of the service employee in the dealing with operation a week does not exceed and the employees a total of not more than three weeks in the calendar year is left to.

More claims in cross-border provision

§ 40 d. (1) an employee who is left to Austria from abroad is entitled to paid leave without prejudice to the applicable to the employment contract law for the duration of the assignment mandatory according to section 67, unless the extent of the holiday is less under the legislation of the country of origin. After the hiring, the employee retains the aliquot part of the difference between the holiday demands under Austrian law and the leave entitlement, which he is entitled to under the legislation of the country of origin corresponding to the duration of the assignment.

(2) an employees, which will leave from abroad to Austria is without prejudice to the applicable to the employment contract law for the duration of the provision necessarily entitled to 1 remuneration for illness or accident including the claims for termination of employment, holidays and service preventing other important personal reasons in the valid length and height, 2. compliance with the applicable notice periods and cancellation dates, as well as the standards about the special termination and dismissal protection and 3rd dismissal compensation , as far as this is cheaper than the claims according to the legislation of the home State.

(3) claims remain unaffected by section 40 c.

Obligation to provide information

section 40e. As far as the license not under an exception by collective contract after section 40 c para 6 falls, the consignor must inform the employees about the collective agreement applicable in the dealing with heritage drive and the classification in same, as well as the basic salary or pay.

Equality and discrimination

§ 40f. (1) in terms of employment in the operation of the employer is also the employer as the employer of the leased employees within the meaning of the equal treatment regulations and prohibitions of discrimination that apply to comparable employees of the employer.

(2) para 1 applies especially to the selection of licensed service workers and other working conditions, among which also the termination of a transfer.

(3) the consignor is obliged to provide, as soon as he knows or must know that the employer does not comply the equal treatment regulations or prohibitions of discrimination during the period of employment for reasonable remedy.

(4) discrimination will lead to a termination of assignment, so can a termination in this context or non-renewal of employment within the meaning of § 51 para 7 of the equal treatment Act (GlBG), Federal Law Gazette I no. 66/2004, in the amended, and similar statutory provisions have challenged and compensation demanded, as the termination or non-renewal of employment on the basis of discrimination would be.

(5) the consignor has against the employer entitled to reimbursement of all expenses resulting from the paragraph 3 or paragraph 4.

Reporting requirements

§ 40 g. (1) the consignor has to sign hiring-out of employees of the competent district administrative authority, as soon as the transfer of three weeks per calendar year exceeds together being the times of consecutively the following assignment of various employees.

(2) in the case of permit free transfer of employees from abroad to Austria, the consignor has to report the cross-border transfer at the latest one week before the employment in Austria of the competent district administrative authority. In civil cases, urgent work and jobs to be done in the short term the message is immediately before taking up work to repay.

(3) the notification referred to in paragraph 2 shall contain the following information: 1 name and address of disposing, 2. names and address of the employer 3., birthdates, social security numbers and nationality of licensed employees, 4. beginning and expected duration of employment with the employer, 5. height of due any individual employee pay, 6 places of employment, 7 type of activity and use of individual employees.

(4) where this is technically possible, have the notifications to be made electronically.

(5) (directly applicable federal law) the employer has documents concerning the registration of the service employee's social security contributions for each licensed employees not subject to social security in Austria (social security document a-1 according to Regulation (EC) No 883/04 on the coordination of social security schemes, OJ) No. L 166 of 30.04.2004 p. 1, as last amended by Regulation (EC) No. 465/2012, OJ No L 149 of the 8.6.2012 p. 4) as well as a copy of the message to keep in accordance with paragraph 2 and 3 of the Arbeits(Einsatz)ORT. Arbeits(Einsatz)orten changing within one working day these documents at the first Arbeits(Einsatz)ORT are ready. The availability of documents on the Arbeits(Einsatz)ORT is unreasonable, are to keep the documents at least domestically, and has been proven to provide the tax authority upon request within 24 hours.

Prohibition

§ 40 h. (Determination of principle of) (1) the assignment of employees is to prohibit, if the consignor substantially or repeatedly violated its commitments, especially in relation to an employee, and injured again despite written threat of the prohibition by the district administrative authority.

(2) the contract between the consignor and the licensed employees are not affected by the prohibition of hiring-out of employees. The prohibition is an important reason for a premature exit but for the licensed employees within three months within the meaning of article 33.

Jurisdiction and procedure

§ 40i. (1) which is application for the approval of the cross-border provision of employees from abroad to Austria according to § 40 paragraph 2 to introduce at the competent district administrative authority.

(2) about these amendments as well as the revocation of the authorisation and the prohibition of hiring-out of employees the competent district administrative authority decides also responsible agriculture and forestry inspection after consulting the legal advocacy organizations and the collective agreement enabled professional associations of the employer and the employees, as well as in the case of the prohibition of the use of service employees.

Monitoring and accountability

section 40j. (1) the district administrative authority as well as with regard to the service worker protection, agriculture and forestry inspection are responsible to monitor compliance with the regulations for the use of employees.

(2) the Agency and the employer of employees have to provide all information necessary for a review of the competent authorities referred to in paragraph 1 shall at their request 1, 2. to submit the documents required for inspection and permit 3. making full or partial copies or photocopies of the documents.

(3) the Agency and the employer have to grant the competent authorities referred to in paragraph 1 access to the operation and inspection of all the service temporary documents.

(4) (directly applicable federal law) stand for the application of paragraphs 1 to 3 the bearers of social security compliance with social security regulations in place of the authorities referred to in paragraph 1.

Administrative assistance


§ 40 k. (Determination of principle of) (1) all authorities and all public authorities, in particular the legal representatives of the employer and the employee and the bearers of social security, have to support the district administrative authority and the agriculture and forestry inspection within their sphere of competence in the performance of their duties in connection with the hiring of employees.

(2) this support is especially that they the competent authorities referred to in paragraph 1 1 name, the dates of birth, address, gender, nationality, the place of employment, the working and contractual terms and conditions and the pension, accident and health insurance data of licensed employees, 2. the name, the dates of birth, the address, the operating subject and the seat of the disposing and 3 name ", provide the dates of birth, the address, the legal representation of interests and the seat of the employer."

7. (determination of principle of) is the previous § 40 paragraph named "§ 40 l".

8. (determination of principle of) in article 54, paragraph 2, and article 230 para. 3, the quote "section 40" is each by the quote "section 40 l" replaced.

9 (principle of determination) according to section 55a is inserted the following paragraph 55 b together with heading:

"Hiring-out of employees

§ applies 55. (1) for the duration of employment in the operation of the employer the employer as the employer in the employment protection provisions.

(2) the consignor has the employer on all to comply with occupational health and personal safety, in particular the working time protection and special person to point out the relevant circumstances.

(3) during the assignment the applicable to comparable employees in the dealing with operation valid statutory, contractual, and other in the dealing with operation binding general nature, which relate to aspects of working time provisions for the transferred employees.

(4) for the duration of employment in the operation of the employer, the fiduciary duty of the employer are whether also the employer.

(5) the consignor is obliged without delay to stop the transfer as soon as he knows or must know that the employer despite prompt reneges on the protection of workers or the fiduciary duty."

10. (determination of principle of) in section 81 (4) replaced the quote "section 82" by the quote "section 5a".

11 (principle of determination) Article 82 is together with the headline: "hiring

82. (1) employer are required prior to the transfer, as well as each time you change the use of employees 1 the consignor of the fitness required for the activity and the required expertise as well as the specific features of the job to be filled verifiably in writing to inform of Health Fitness required for the job to be filled or the intended activity has been proven in writing to inform you 2. , 3. Überlassern for the workplace to be filled or the intended activities of relevant safety and health documents has been shown to transmit and to put any change in knowledge.

(2) Agency are obliged to inform the employees against a provision as well as each change of assignment about the dangers which they may be exposed on the job to be filled, the necessary qualifications for the job or the occupation or the required expertise as well as the need for suitability and follow-up has been proven in writing.

(3) an assignment to activities for the suitability and follow-up required, permitted only if these investigations were carried out and no medical unfitness. The employer is obliged to ensure that the investigations were conducted and no medical unfitness is proven. The corresponding employer obligations are to meet by the Überlassern, the employer have to provide them with the necessary information and documents.

(4) the obligations can be omitted according to para 1 to 3 it's the activity exercised in the transfer operation, no different risks are to be expected and the transfer does not exceed one week."

12. (principle of determination) according to article 202, paragraph 1 is following Z Z 1a 1b is inserted: "1B. principles of operational employment of employees who are working in the context of a provision;"

13. (principle of determination) section 204 the following paragraph 5 is added:

"(5) the Council is before establishing the employment of licensed employees intended to inform; upon request, there is a consultation carried out. From such a work, the Works Council is to put immediately informed. On request, it is to let him know what agreements in terms of temporal labour input of the transferred employees and with regard to the remuneration for the provision with the Agency were made. The sections 194 to 197 b are to apply by analogy."

14. (determination of principle of and directly applicable federal law) to section 237, paragraph 2 following paragraph 2a to 2d inserted:

"(2a) if the deed constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions more stringent punishment, has to provide the implementing legislation that administrative offences 1 of § 40 paragraph 2 to 4, 40a and 40 h with a fine of €1 000 to 5 €000 in case of repetition of 2 €000 up to €10 000" , § 2 of the 40 g of paragraph 2 with a fine of €500 up to €5 000 in case of recurrence of €1 000 to €10 000, 3. the sections 40e, 40 g para 1 as well as 40j para 2 and 3 with a fine to punish up to 1 €000 in case of recurrence of €500 up to €2 000, by the district administrative authority. When determining the amount of fines, caution is particularly on the earnings achieved by the transfer, or other economic advantage to take.

(2B) apply in cross-border hiring administrative offences according to paragraph 2a as committed within the jurisdiction of the district administrative authority, in which is the Arbeits(Einsatz)ORT of the employees leased to Austria, changing Arbeits(Einsatz)orten to the location of the control.

(2c) (directly applicable federal law) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or threatening to other administrative penal provisions with stricter punishment is, violations of sections 40 up to €1 000 g para 5 and 40j para 4 of the district administrative authority with a fine, to punish up to 2 €000 in case of recurrence of €500. When determining the amount of fines, caution is particularly on the earnings achieved by the transfer, or other economic advantage to take.

"(2d) (directly applicable federal law) in cross-border provision apply administrative offences according to para 2 c as in the jurisdiction of the district administrative authority committed, in the Arbeits(Einsatz)ORT of employees transferred to Austria is, changing Arbeits(Einsatz)orten in the place of control."

15th (directly applicable federal law) § 285 51 the following paragraph is added:

"(51) the implementing legislation of countries to § 4 para 1, § 5a, section 14a para 2, § 14 c para 1, § 14 d para 1, § 40, § 40a, §§ 40 c up to 40f, § 40 g para 1 to 4, § 40 h, § 40i, article 40j par. 1 and 3, § 40 k, § 40l, § 54 para 2, § 55 b, § 81 para 4, § 82, article 202, paragraph 1, article 204, paragraph 5, article 230 para. 3 and § 237 para 2a and 2B" ", as amended by Federal Law Gazette I no. 98/2012, are to be issued within six months after the day following the announcement."

Article 3

Amendment of the labour Constitution Act

The labour Constitution Act, Federal Law Gazette No. 22/1974, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1 in § 99 para 5, the quote "sections 89 to 92" by the quote "sections 89 to 92 b" will be replaced.

2. § 264 is added the following paragraph 27:

"(27) Article 99 par. 5 amended by Federal Law Gazette I no. 98/2012 effective with January 1, 2013."

Article 4

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, amended by Federal Law Gazette I no. 152/2011, is amended as follows:

1. in article 2, paragraph 2, Z 13 is replaced by the expression "Operational Vorsorgekasse (BV cash)" the phrase "Staff provision Fund (MV cash)".

2 the following paragraph 8 is added to in section 2, paragraph 7:

"(8) section 2 does not apply to employment contracts, to apply the section 11 of the workforce transfer law (AÜG), Federal Law Gazette No. 196/1988, is."

3. in the heading to § 7a and section 7 b is substituted the phrase "in an EEA Member State" with the phrase "in an EU or EEA Member State".

4. Section 7a para 1 is as follows:


"(1), section 7 worker, who is sent by an employer without seat in a Member State of the European Union or the European economic area for the provision of a continuing work to Austria without prejudice, of law applicable to the employment relationship, necessarily also to a(n)."

5. in Article 7b para 1 is after the phrase "in another Member State" the phrase "of the European Union or" inserted.

6 7 b of paragraph 9 the following sentence is added to section:

"Cross-border posting the administrative offence is considered in the district administrative authority having jurisdiction committed, where the Arbeits(Einsatz)ORT of workers posted to Austria is, changing Arbeits(Einsatz)orten in the place of control."

7 § 7j paragraph 1 reads:

"(1) the competent district administrative authority has the / the employer within the meaning of §§ 7, 7a para 1 or 7 b paragraph 1, at a cross-border transfer of the consignor / to prohibit, if the / the employer due to falling below of the basic salary legally was punished by more than three workers-seekers or pursuant to § 7i 3 due to first-time or a further repetition in the pursuit of activities forming the subject-matter of the services for a period of at least one year."

8 the § 19 para 1 following Z 27 is attached: "27 § 2 par. 2 Nos. 13 and 8, the heading to § 7a, Section 7a para 1, the heading to § 7 b, § 7 b, par. 1 and par. 9, § 7j para 1 and § 19 para 2 as amended by Federal Law Gazette I no. 98/2012 apply with 1 January 2013."

9 paragraph 19 paragraph 2:

"(2) are entrusted with the execution of this Federal Act: 1 last in terms of § 2 para 1 sentence, paragraph 7 (b) paragraph 3 and 6, as well as of article 7f the Federal Minister for finance;"

"(2. hinsichtlich der übrigen Bestimmungen a) for service relationships with the Federal Government the Federal Chancellor, b) for the other working conditions / the Federal Minister for labour, Social Affairs and consumer protection."

Article 5

Change of ArbeitnehmerInnenschutzgesetzes

The employee - after, Federal Law Gazette No. 450/1994, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows: 1 in article 9 paragraph 3 attaches the word sequence "and before each time you change the use of licensed workers" in the introductory phrase, are also in no. 1 and no. 2 before the words "to inform" the words "demonstrably in writing" inserted and is the No. 3 :

              „3.              the Überlassern for the job to be filled or the intended activities of relevant safety and health documents has been shown to transmit and to put any change in knowledge."

2. in article 9, paragraph 4 the phrase "and before each change of use" is after the word "Provision" and "evidence in writing" inserted after the word "Follow-up" the words.

3. in article 9, paragraph 5, last sentence is "The obligations to" the quote after the phrase "article 57, paragraph 1, as well as" inserted.

The following paragraph 11 is added to § 4. 131:

"(11) § 9 para 3, 4 and 5 in the version of Federal Law Gazette. I no. 98/2012 effective with January 1, 2013."

Article 6

Amendment of the aliens Employment Act

The aliens Employment Act (aliens), Federal Law Gazette No 218/1975, as last amended by the Federal law of BGB. I no. 25/2011, is amended as follows:

1. in section 2, para 2 lit. e is the quote "in the sense of § 3 para 4 of the workforce transfer law, BGBl. No. 196/1988" by the quote "in the sense of § 3 para 1 and 4 of the workforce transfer law, BGBl. No. 196/1988, and section 5a paragraph 1 of the agricultural work Act 1984, BGBl. No. 287" replaced.

2. in article 2, paragraph 3 lit. c is replaced by the quote "in the sense of § 3 paragraph 3 of the workforce transfer law and article 5a par. 3 of the 1984 agricultural work Act" the quote "in the sense of § 3 para 3 of the workforce transfer law".

3. in the section 4, paragraph 3 Nos. 10 and paragraph 5 is substituted with the quote "according to § 16 para 4 of the workforce transfer law or pursuant to section 40a para 2 of the 1984 agricultural work Act" the quote "according to § 16 para 4 of the workforce transfer law".

41 the following paragraph is added to § 4. 34:

"(41) § 2 par. 2 lit. e and paragraph 3 lit. I no. 98/2012 will take c and 4 para 3 Z 10 and paragraph 5 in the version of Federal Law Gazette 1 January 2013 effect."

Article 7

Amendment of the labour market policy financing Act

The labour market policy financing Act, Federal Law Gazette No. 315/1994, as last amended by Federal Law Gazette I no. 75/2012, is amended as follows:

1. pursuant to section 6, the following paragraph 6a is inserted:

'Article 6a. (1) the Federal Government has € 2013 three million the social and training funds according to § 22a of the workforce transfer law (AÜG) year, over the years, between 2016 and 2017 respectively to transfer € 2014 and 2015 respectively four million to €2 million and annually from the year 2018 worker given one and a half million euros for purposes of training the (former).

(2) the Federal Minister for labour, Social Affairs and consumer protection has to ensure that the impact of training measures on the situation of the (former) provided workers to the labour market be evaluated in 2018."

2 48 the following paragraph shall be inserted in article 10:

"(48) § 6a in the version of Federal Law Gazette I 98/2012 is no. January 1, 2013 in force."

Article 8

Amendment to the unemployment insurance act

The unemployment insurance Act 1977, BGBl. No. 609, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1 the following sentence is added to in section 36 (4):

"Financial grants of social and educational Fund in accordance with article 22 c of the workforce transfer law (AÜG) are not attributable to the emergency assistance."

2 126 the following paragraph shall be inserted in section 79:

"(126) section 36 (4) as amended by Federal Law Gazette I no. 98/2012 effective with January 1, 2013."

Article 9

Amending Bauarbeiter Urlaubs - and clearance law

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. the previous section 18a receives the sales designation (1); the following paragraph 2 is added to it:

"(2) the vacation and severance Fund is authorized, against reimbursement of the costs as a service provider on behalf of the social and educational funds according to section V of the labour supply law - AÜG, BGBl. No. 196/1988 1 contributions for workers transferred from abroad to introduce and 2nd according to sec. 22 c in accordance with the provisions of the service contract to conduct the services of the Fund AÜG."

20 the following paragraph is added to section 2. 40:

"(20) § 18a in the version of Federal Law Gazette I 98/2012 is no. January 1, 2013 in force."

Article 10

Amendment to the construction workers bad weather Compensation Act 1957

The builders-bad weather Compensation Act 1957, BGBl. No. 129, amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1. paragraph 20:

"article 20. To cover the costs in the following years, an annual contribution from the conduct of labour market policy is to provide. This amounts to €3 million in the years 2007 to 2014 respectively €2.5 million and in the years 2015 and 2016. Article 12, para. 3, 6 and 7 are not applicable during this time."

2. section 19 the following paragraph 8 is added:

"(8) paragraph 20 in the version of Federal Law Gazette I 98/2012 is no. January 1, 2013 in force."

Fischer

Faymann