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, with which the Labour force transfer law, the Land Labour Act 1984, the Labour Constitution Act, the Labour Contract Law Adaptation Act, the Employees ' Protection Act, the Foreigners Employment Act, the Labour Market Policy-Financing Act, the Unemployment Insurance Act 1977, the Construction Workers 'Leave and Abortion Act and the Construction Workers' Bad Weather Compensation Act 1957 are amended

The National Council has decided:

table of contents

Item

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Subject matter

Amendment of the Labour Force Act on Labour Force

Amendment of the Land Labour Act 1984

Amendment of the Labour Constitution Act

Amendment of the Working Contract Law Adaptation Act

Amendment of the Employees ' Protection Act

Amendment of the Foreigners Employment Act

Change of Labour Market Policy-Finance Law

Amendment of the 1977 Unemployment Insurance Act

Modification of the construction worker-Holiday and Abortion Act

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

Article 1

Amendment of the Labour Force Act on Labour Force

The Labour Force Transfer Act, BGBl. No. 196/1988, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 1 (2) reads:

" (2) The exclusion from the scope of Sections II to V of this Federal Law is

1.

the transfer of labor by the federal government, a country, a community or a community association, and

2.

the surrender of workers, the 1984 Land Labour Act, BGBl. No. 287. "

2. According to Article 1 (2), the following paragraph 2a is inserted:

" (2a) The omission of employees subject to the Land Labour Act 1984 shall not be applied:

1.

§ 6,

2.

Section 10 (3) relating to working time. "

3. The following paragraph 4a is inserted in accordance with Article 1 (4):

"(4a) Section V of this Federal Act applies only to the surrender of workers within the meaning of § 94 Z 72 of the Industrial Code of 1994 and to corresponding transfers from abroad."

4. In Section 1, Section 5, the word order shall be "the European Economic Area (EEA)" through the phrase "the European Union (EU), the European Economic Area (EEA)" replaced.

5. § 5 (1) the following sentence is added:

" The employee has the superiors about the performance of night hard work in the sense of the kind. VII of the Nachtschwerarbeitsgesetz (NSchG), Federal Law Gazette (BGBl). No 354/1981 and heavy labour within the meaning of § § 1 to 3 of the German Heavy Labour Regulation, Federal Law Gazette (BGBl). II No 104/2006, in order to enable it to fulfil the reporting obligations relating to night work pursuant to Article VIII of the NSchG and heavy working hours in accordance with § 5 of the Heavy Labour Regulation. The superior shall inform the surviving work force in writing of the reported notifications. "

6. In accordance with § 6, the following § 6a and title shall be added:

" Equal Treatment and Prohibition of Discrimination

§ 6a. (1) As regards employment in the employment of the employee, the employee is also considered to be the employer of the redundant workers as defined by the rules on equal treatment and non-discrimination, which is the case for comparable workers of the Employees shall apply.

(2) Paragraph 1 shall apply in particular to the selection of the redundant workers and to the other working conditions, including the termination of a leave of leave.

(3) The superiors shall be obliged to provide adequate redress as soon as he or she knows or needs to know that during the period of employment the employee does not comply with the rules on equal treatment or non-discrimination.

(4) If a discrimination leads to an end of the transfer, then a termination or non-renewal of the employment relationship in the sense of § § 12 (7) and (26) (7) of the Equal Treatment Act (GlBG), BGBl, can be terminated. I n ° 66/2004, and similar statutory provisions, and claim damages, as if the termination or non-renewal of the employment relationship has been based on discrimination.

(5) The superiors shall be entitled to compensation for all expenses arising from the third and fourth subparagraphs. "

7. § 7 (2) reads:

"(2) Section 332 (5) and § 333 of the General Social Insurance Act (ASVG) also apply to the redundant workers."

8. The following sentence shall be added to § 10 (1):

" In addition, the other binding provisions of a general nature applicable to comparable workers in employment for comparable workers shall be taken into consideration, unless a collective agreement is applied to the As well as a collective agreement, laid down by regulation, or statutory regulation of remuneration in the operation of the employee. "

9. According to Article 10 (1), the following paragraph 1a is inserted:

" (1a) If employees are employed for more than four years to an employee who is entitled to benefit from their employees in the sense of § 2 Z 1 of the German Act on the Law of the Law (BPG), Federal Law Gazette (BGBl). No 282/1990, shall be left to the employee after the end of the fourth year from that date for the further duration of the transfer as an employer of the redundant workers within the meaning of the BPG, unless an equivalent Agreement of the superiors for the redundant workers. At any rate, after the end of the fourth year, the employee shall have the benefit of the workers made redundant in accordance with the benefits provided for his employees, irrespective of any waiting period agreed upon, for the further duration of the transfer. To make contributions to a pension fund or premiums in an occupational collective insurance. In the event of an end of the transfer, the surviving employee may have the fictitious amount of infertility due at that time in accordance with § § 5 or 6c of the BPG, provided that a comparable period of employment is comparable with respect to the duration of the employment Workers employed by the employee on the basis of the benefits provided to him at that time could have an amount of inconspicuity. The fictitious amount of inconspicuity shall be calculated on the basis of the same calculation rules to be used to calculate the inconspicuity amount in accordance with the rules of the BPG at the end of the employment relationship. "

10. § 10 (3) reads:

" (3) During the period of release, the statutory, collective contractual and other binding provisions applicable in the operation of the employee shall apply to the surplus labour force applicable to comparable employees in the employment operation. General type referring to aspects of working time and leave. "

11. In accordance with § 10 (5), the following paragraph 6 is added:

" (6) The worker shall have access to the welfare facilities and activities in his holding under the same conditions as his own labour force, unless there is a difference in treatment. justified on objective grounds. The welfare facilities and measures include, in particular, childcare facilities, mass caterers and means of transport. "

12. § 10a together with headline reads:

" Supplementary rules for cross-border transfer

§ 10a. (1) A worker who is left to Austria from abroad shall be entitled to paid leave according to § 2 of the Leave Act (UrlG), BGBl, without prejudice to the law applicable to the employment relationship for the duration of the transfer. No 390/1976, provided that the extent of the holiday period is lower in accordance with the legislation of the home country. Upon termination of the transfer, this worker retains the aliquot portion corresponding to the duration of the transfer between the higher holiday entitlement under Austrian law and the holiday entitlement, which is based on the Austrian law. Legislation of the home state is pending. Excluded from this holiday scheme are employees, for which the holiday scheme of the Construction Workers ' Holiday and Abortion Act (BUAG), BGBl. No 414/1972.

(2) Without prejudice to the law applicable to the employment relationship, a worker who is left to Austria from another country shall be entitled to a worker's right to work in Austria.

1.

Payment for compensation in the event of illness or accident, including claims on termination of employment relationship, on public holidays and in the event of a service prevention for other important personal reasons in the period valid for comparable workers. and height,

2.

the observance of the periods of notice and termination dates valid for comparable workers, as well as the standards on the protection of dismissal and dismissal and

3.

Termination indemnity,

insofar as this is more favourable than the claims under the legislation of the home state.

(3) Collective contracts valid for industrial workers in Austria shall also apply to workers who have been transferred from abroad to Austria.

(4) Claims pursuant to § 10 shall remain unaffected. "

13. § 11 reads:

" § 11. (1) The superior shall be entitled to leave a worker to a third party only after conclusion of an express agreement which, irrespective of the individual omission, has to lay down, in particular, the following conditions:

1.

the name and address of the surplus;

2.

the name and address of the labour force;

3.

the beginning of the contractual relationship;

4.

in the case of contractual relations, the end of the contractual relationship and the reasons for the duration of the contract;

5.

Duration of notice period, termination date;

6.

Federal States or States in which the labour force is to be employed;

7.

any classification into a general scheme;

8.

its intended use, and the likely nature of the work;

9.

Initial reference (basic salary or salary, additional fee components such as special payments), maturity of the fee;

10.

the extent of the annual holiday holiday;

11.

agreed daily or weekly normal working hours;

12.

the name of the standards of collective redress (collective agreement, operating agreement) applicable to the contractual relationship, and the indication of the room in which it is to be used for inspection;

13.

The name and address of the employee or employee who are subject to the BUAG, the address of the construction workers ' holiday and the terminal for the terminal.

(2) In particular, prohibitions are agreements and conditions which:

1.

limit the right to pay for the duration of employment in the employment of the worker;

2.

to set the working time substantially below the average of the expected level of employment, or to set a lower level of working time for periods of non-admission;

3.

in the case of agreed part-time employment, give the employer the right to arrange regular extra-work;

4.

the contractual relationship without any factual justification shall be limited;

5.

shorten the rules on failure or limitation;

6.

limit the surplus labour force for the period after the end of the contractual relationship with the superiors, in particular by means of penalties, repayments or recruitment bans, in their gainful employment;

7.

the surplus labour force is required to pay a remuneration in return for the transfer or in the event that a worker has a working relationship with the former employee after the dismissal of the leave;

8.

Contrary to Section 10 (6), access to the welfare facilities or activities of the employee's company shall be limited to the access of the convicted labour force.

(3) Agreements providing other penalties or repayments shall be admissible only in so far as they are not subject to the object, time or place and in proportion to the commercial interest of the superiors in complying with the relevant provisions of the Agreement. has contractual obligations to impose an undue financial burden on the labour force that has been made redundant.

(4) By means of the agreement, the worker shall be required to issue a service notice immediately after the commencement of the contractual relationship, which must contain the information referred to in paragraph 1.

(5) If the superlasser refuses to issue the official paper, the worker is not obliged to comply with the omission. A service note shall not be issued if a written agreement has been issued, which contains all of the above information. Any change in the information shall be communicated to the worker in writing without delay, but no later than one month after the date of their effective date of effect, unless § 12 is to be applied. The official note is exempt from federal stamp and legal fees.

(6) If the working force has to carry out the activity abroad, the official or written agreement to be issued prior to the commencing of the foreign activity shall also contain the following information:

1.

the place and the probable duration of the foreign activity;

2.

the currency in which the fee is to be paid, provided that it is not to be paid in euros;

3.

an additional allowance for foreign activities,

4.

any conditions for repatriation to Austria. "

14. § 12 reads:

" § 12. (1) The superior shall be obliged to inform the worker, before any employment in any other establishment, of the essential circumstances for the transfer and to confirm in writing, in particular, in writing, the circumstances of the matter.

1.

the worker,

2.

the collective contract to be applied to comparable workers for comparable activities in the operation of the workforce and the classification in the same,

3.

the normal working time and its probable situation in the operation of the worker;

4.

the remuneration and allowances due for the duration of the release, with the basic salary or salary, allowances, surcharges and special payments being each separately issued,

5.

the nature of the work to be done,

6.

the probable duration of the transfer,

7.

the exact date on which the work is to be carried out;

8.

the exact location of the work,

9.

where appropriate, the fact that work is also to be carried out outside the premises.

§ 9 (4) of the German Employees ' Protection Act (ASchG), BGBl, applies to the information requirements in connection with safety and health protection at work. No. 450/1994.

(2) In the event of an end of the commercial authorization, the superiors must inform immediately every employee who has been left to work and every employee has been verifiably informed in writing.

(3) The employed person of cross-border workers is obliged, in the exercise of the care obligations under him, to the redundant workers, in each case concerning the relevant ones, in particular those referred to in paragraph 1 (1) (1) to (9), Evidence of the circumstances of the employment.

(4) The employed person shall inform the worker who has been left over by vacancies in his holding, which shall be filled. The information has to be provided by means of a general announcement of an appropriate job, which is more accessible to the redundant worker, in the employment operation.

(5) In order to promote their professional development and opportunities in the labour market, the overlord and the employee are obliged to promote the access of redundant workers to training and further training in their businesses in a suitable manner. .

(6) The superiors shall be obliged to inform the surviving worker at least fourteen days before the end of the transfer to the employee, if the transfer to the employee lasts at least three months and the end of the work force is to be communicated to the employee. This is not due to objectively unpredictable events. "

15. § 12a reads:

" § 12a. The employee is obliged to inform the superiors of the circumstances that are essential for the transfer before they begin, in particular the required qualification of the redundant labour force and the related qualifications. the collective contractual classification of the collective contract applicable to comparable workers in the operation of the employee for comparable activities, as well as the essential working and employment conditions in force in the course of employment; which are laid down in compulsory general terms and which are relating to the aspects of working time and leave. In the case of the last sentence of § 10 (1), the same applies to binding provisions of a general nature relating to remuneration. "

16. § 13 reads:

" § 13. (1) The superior shall keep records of the surrender of manpower from the commensurate of the overshooting activity.

(2) The records shall contain:

1.

Before and after names, surnames, social security numbers, date of birth, sex and nationality, and type of use (manual or employee) of the workers made redundant,

2.

The names of the employees and their legal representation of interests, if they belong to an economic chamber, also the competent association of the Austrian Chamber of Commerce, lack of a legal representation of interests, the voluntary representation of the Professional association which has concluded the collective agreement which is or whose statutes are effective for comparable employees of the employee (professional association),

3.

Start and end of the layoffs for each worker who has been left over.

(3) In accordance with Section 11 (4) and the notifications pursuant to § 12 until the expiry of five years after the last entry, the superimposing shall keep the records as referred to in paragraph 2 and the copies of the official notice.

(4) In an easily processable format annually at the end of July for the previous year, the provider of the service providers commissioned by the Federal Minister of Labour, Social Affairs and Consumer Protection has to provide the following data for the previous year. shall transmit:

1.

Before and after surnames, family names, date of birth, sex, nationality and worker's or employment relationship of the redundant workers employed by him, and

2.

Each worker employed at the beginning and the end of each job; and

a)

in the case of the employee's membership of an economic chamber, the relevant trade association or

b)

in the case of non-membership of the employee to an economic chamber, the other statutory representation of interest or the professional association and its specific technical breakdown, of which the employed person is a member, and

3.

the Land (in the case of transfers outside Austria), in which the employment of the employee is situated.

(5) If the data are not completely transmitted in accordance with paragraph 4 within two months of due date, this shall be deemed to be a non-notification within the meaning of section 22 (1) Z 3 lit. c.

(6) The Federal Minister for Labour, Social Affairs and Consumer Protection may commission appropriate undertakings and institutions with the implementation, verification and evaluation of the survey in accordance with paragraph 4. The Federal Minister of Labour, Social Affairs and Consumer Protection is the legal entity in the field of data protection for such orders. The direct personal reference (first and last or surname, month of birth and day) is directly related to the Federal Minister of Labour, Social Affairs and Consumer Protection or the contracted service provider immediately after the creation and assignment of the area-specific To delete a person's identifier.

(7) The Federal Minister for Labour, Social Affairs and Consumer Protection has to draw up an annual statistics on the work force transfer. In addition, history statistics may be created.

1.

The following data are to be published in the annual Labour Force surrender statistics:

a)

Total number of non-employed persons;

b)

Number of overlases, ordered by federal states (with foreign splasks by country);

c)

number of employees, ordered by federal states (states) and according to their professional affiliation,

d)

The number of workers made redundant in Germany and abroad, broken down by workers, employees, sex, nationality, state (state) in which the worker is employed, and the relevant professional the employment of the worker;

e)

Duration of the respective omissions (up to one month, one to three months, three to six months, six to twelve months, twelve to 36 months and over 36 months), and

f)

Average number and duration of service ratios.

2.

The Federal Minister of Labour, Social Affairs and Consumer Protection may additionally provide the data obtained by the Federal Minister of Labour, Social Affairs and Consumer Protection for the purpose of compiling history statistics in accordance with Section 25 (1) of the Labour Market Service Act (AMSG), BGBl. No 313/1994, with the exception of health data pursuant to Section 25 (1) (4) of the AMSG, and the data transmitted indirectly by the main association of Austrian social insurance institutions pursuant to section 25 (2) of the AMSG (AMSG) use personal data (bPK). The indirect personal reference should be removed as soon as it is no longer required for statistical or scientific work. To the extent that this is necessary for multi-year history statistics and analyses, the indirect personal reference (bPK) may be stored in encrypted form for up to 30 years. The restoration of a direct passenger reference is inadmissible in any case.

(8) The employment of workers made redundant from the EEA shall have records in accordance with paragraphs 2 (1) and (3) and above (in particular the names and registered offices), these records and the copies of the notifications pursuant to § 12 to keep paragraph 3 up to the end of five years after the last entry and to comply with the obligations laid down in paragraph 4 of this Article, taking into account the professional affiliation of the employee and of the federal state in which the employee is engaged, the State in which the superior has its registered office.

(9) The Federal Minister for Labour, Social Affairs and Consumer Protection may, if there is a need for a more timely identification of the data, after hearing the legal representations of interests by regulation, a more frequent transmission of the data in accordance with paragraph 1. 4. "

17. The following sentence shall be added to section 14 (1):

" The liability is reduced proportionally to employer and employee contributions to the social security insurance, which the employee has already referred to the service centre according to § 67a (3) (2) of the ASVG, in so far as the employee is responsible for the activities of the employee. the survivant labour force within the scope of the respective order and the level of the contribution to the labour force which has been paid to the redundant worker during the activity. "

18. In § 15 (1) the expression "Federal Minister for Economic Affairs and Labour" by the expression "Federal Minister for Labour, Social Affairs and Consumer Protection" and the expression "that for the area of certain statutory interest groups of the employees or for certain groups of professionals" by the expression "that for the area of certain legal advocacy groups or professional associations or their subdivisions" replaced.

19. The title to § 17 reads:

"Reporting Obligations"

20. § 17 (3) reads:

" (3) The notification referred to in paragraph 2 shall contain the following information:

1.

the name and address of the superiors,

2.

the name and address of the worker;

3.

the names, dates of birth, social security numbers and the nationality of the redundant workers;

4.

the beginning and expected duration of employment in the employment sector;

5.

the level of pay due to each worker;

6.

Places of employment,

7.

Type of activity and use of the individual workers. "

21. The following sentence shall be added to Article 17 (4):

" The Central Coordination Office has a copy of the reports to the responsible health insurance institution (§ § 26 and 30 ASVG), to the construction workers ' leave and exit terminal (BUAK) and to the Federal Minister for Labour, Social Affairs and Employment. Consumer protection. "

22. § 17 (5) reads:

"(5) The competent authority referred to in paragraph 1 shall, in the case of construction activities, submit the reports of the construction workers ' holiday and the terminal."

23. In accordance with Article 17 (6), the following paragraph 7 is added:

" (7) For each person who is not subject to social security contributions in Austria, the employee has to submit documents relating to the registration of the labour force for social security (Social Security document A 1 in accordance with Regulation (EC) No 883/04). Coordination of social security systems, OJ C No. OJ L 166 of 30.04.2004 p. 1, as last amended by Regulation (EU) No 465/2012, OJ L 136, 31.5.2012, p. No. 4) and a copy of the report in accordance with paragraphs 2 and 3 of the Working Party on Work (use). "

Section 18 (2) shall be deleted; the previous paragraph 3 shall be replaced by the sales designation "(2)" .

25. In § 20, paragraph 1 shall be applied after the expression "Central Coordination Unit for the Control of Illegal Employment" A dash and the expression "the tax authorities" inserted. In paragraph 4, the expression: "Federal Minister for Economic Affairs and Labour pursuant to Section 13 (5)" by the expression "Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with § 13 (6)" replaced.

26. In § 21, the term "para." "Federal Minister for Economic Affairs and Labour" by the expression "Federal Minister for Labour, Social Affairs and Consumer Protection" and in paragraph 2 Z 3 of the expression "the expert group" by the expression "the professional association or the professional association and any technical subdivisions thereof" replaced.

27. § 22 (1) reads:

" § 22. (1) If the offence does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out and shall be punished by the district administrative authority.

1.

With a fine of € 1 000 up to € 5 000, in the event of recurrence of € 2 000 up to € 10 000, who

a)

(§ § 8 and 11 para. 2) and requires compliance with these agreements, as an overlasser or an employed person in employment,

b)

workers affected by strike or lockout transfers (§ 9),

c)

is involved in an illegal cross-border transfer (§ 16) as a superior or an employee,

d)

(§ 18) leaves the labour force in spite of the fact that it is not allowed to leave the country;

2.

with a fine of € 500 up to € 5 000, in the event of a repetition of € 1 000 up to € 10 000, who does not reimburse the notifications in due time in accordance with Section 17 (2) or does not keep the required documents in accordance with Section 17 (7);

3.

with a fine of up to € 1 000, in the event of a repetition of € 500 up to € 2 000, who

a)

a work force without issuing a service sheet corresponding to the provisions of § 11,

b)

does not comply with the notification requirements (Article 12 (1) to (5) and (12a)), if this involves the risk of damage to the labour force,

c)

the records or the statistical data to be transmitted in accordance with § 13 shall not be submitted or submitted in a defective form;

d)

the refund of the notification in accordance with Article 17 (1) is not allowed;

4.

with a fine of up to € 1 000, in the event of a repetition of € 500 up to € 2 000, who, as a superiors or employed person, is responsible for the supervision of the authorities and social insurance institutions appointed for the purpose of monitoring

a)

does not provide the information required for the verification of compliance with the provisions of the Labour Force Act (§ 20 (2) (1)),

b)

the documents required for this inspection are not submitted for inspection (Article 20 (2) (2)),

c)

the production of copies, excercises or clearings of these documents is denied (Section 20 (2) (3)),

d)

the access to the holding or the inspection of the documents relating to the transfer of the labour force is denied (Article 20 (3)). "

28. The following paragraph 4 is added to § 22:

" (4) In the case of a cross-border labour force transfer, the administrative surrender shall be deemed to have been committed in that sprengel of the district administrative authority in which the work (use) is situated in the place of workers made redundant to Austria, and in the case of changing Work (use) places at the place of control. "

29. The previous "Section V" is given the name "Section VI" and in accordance with Article 22, the following new Section V and heading shall be inserted:

" Section V

Social and Training Funds

§ 22a. (1) A social and training fund (fund) with legal personality is set up in Vienna for the purpose of supporting redundant workers in periods of non-admission. The scope of the fund extends to the entire Federal territory. Contributions shall be paid to the Fund in accordance with § 22d.

(2) The management of the Fund shall be the responsibility of its institutions. The secondment of professional members to the institutions is the responsibility of the employers to the professional association of commercial service providers and, on the part of the employees, to the representatives of the respective collective agreements for the redundant workers. Workers and the unions who are leaving for the redundant workers.

(3) The supervision of the Fund shall be the responsibility of the Federal Minister for Labour, Social Affairs and Consumer Protection.

Organs

§ 22b. (1) The institutions of the Fund shall be the Management Board and the Supervisory Committee.

(2) The Board of Directors consists of six members, three of which are representatives of the employers and three representatives of the employees, of which two of the employees of the collective agreement for the redundant workers and one of the collective agreements for the redundant workers Employees ' final union is to be sent. A substitute member shall be sent for each member.

(3) The Supervisory Committee shall consist of four members, two of which shall be representatives of the employers and of the employees. A substitute member shall be sent for each member.

(4) The members (substitute members) of the board of directors posted pursuant to section 22a (2) of the iVm (2) and the Supervisory Committee shall be appointed by the Federal Minister for Labour, Social Affairs and Consumer Protection for a period of four years. If a member (substitute member) fails prematurely, a member (substitute member) shall be appointed for the remainder of the operating period.

(5) The members of the Board of Management and of the Supervisory Committee shall each elect a chairman, a deputy and a secretary from among their members. At the constituent meeting, the oldest member of the workers ' side will be chaired by the working party. Membership of the Board of Management is incompatible with membership of the Supervisory Committee. The Chairman of the Board of Management is the legal representative of the Fund in compliance with the decisions of the Executive Board.

(6) The members of the Board of Management and the members of the Supervisory Committee shall exercise their duties conscientiously and on an honorary basis. They are subject to official secrecy.

(7) The Management Board shall conduct the business. It shall draw up an annual estimate and the closure of the accounts for each calendar year. It shall determine the performance of the Fund in respect of the revenue and expenditure to be expected. It shall adopt its Rules of Procedure with the agreement of the Supervisory Committee.

(8) The Supervisory Committee shall monitor the activities of the Management Board on an ongoing basis, in particular to verify compliance with the statutory and collective contractual arrangements and the proper economical use of the resources. Perceptions and grievations must be reported to the Executive Board as soon as possible. Once a year, a test report is to be drawn up.

(9) The Board of Management and the Supervisory Committee shall take their decisions by a simple majority of the votes. In the event of a tie, the chairman shall decide. A two-thirds majority is required for the resolution of the Rules of Procedure. In the Rules of Procedure, other matters requiring a two-thirds majority may be laid down.

Tasks

§ 22c. (1) The task of the Fund is to provide employees of injunctions during those periods in which they do not leave any employment in the absence of a possibility of injunctions or unemployed persons within the meaning of Section 12 of the German Unemployment Insurance Act (unemployment insurance act) 1977 (AlVG), BGBl. No 609, are to be supported or to avoid unemployment during periods of injunction.

(2) In order to fulfil this task, the Fund may provide the following services:

1.

Subsidies to (former) workers,

2.

Services for the financing of training activities,

3.

Transfers of benefits to the extension of the period of employment in the case of the overlashers.

(3) There is no legal entitlement to benefits from the Fund. The grants and other services are not remuneration within the meaning of § 49 ASVG; for them, § 3 para. 1 Z 3 lit applies. a EStG 1988.

(4) The provisions relating to the nature, amount, duration, granting and resignation of the benefits shall be laid down in writing by the Management Board with the agreement of the Supervisory Committee. The benefits of the Fund must be carried out on the basis of standardised and easily administerable criteria.

(5) The Fund may also entrust a service provider with the management of its services by decision of the Management Board. To the extent that a service provider is entrusted, it shall represent the Fund in the context of the transferred area of activity and shall be consulted before the decision on the services iSd para. 4. Any significant changes in the costs of the settlement shall entitle the service provider to terminate the closed contract prematurely, if it is not adapted.

(6) The main association of the Austrian social insurance institutions (main association) has to make available to the fund or to a service provider responsible for the processing of the services the following data by electronic means:

1.

the names and dates of the birth of those persons who were previously unemployed and who were employed by a labour force in the sense of Section 94 (Z) 72 of the German Labour Force prior to their remark;

2.

the name of the worker who has the employment relationship;

3.

the termination date and duration of this employment relationship and in the last twelve months of previous employment relationships with the labour force supermarkets;

4.

Duration of the notice as unemployed.

(7) The Fund shall be reimbursed to the Main Association for the expenses arising from the provision of data. The Fund or any service provider appointed by the Fund may use the data provided by the Main Association only in so far as it is necessary for the examination of whether the conditions for the grant of a grant are met.

(8) The Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance has the Fund or one of the funds responsible for this purpose. Service providers for the collection of contributions pursuant to section 22d (2) and (4) and for the provision of services for employees who have been transferred from abroad to make the data available in accordance with section 17 (3).

Application of appropriations

§ 22d. (1) In the case of workers employed by them for the purpose of surrender to third parties, the superiers shall be obliged to pay a contribution to the Fund. The contribution rate is 0.25 vH in 2013, 0.35 vH in 2014, 0.6 vH in 2015 and 0.8 vH from 2016 on the basis of contributions. The basis of contributions is the General Social Security Act (ASVG), BGBl. No 189/1955, valid general contribution basis up to the level of the maximum contribution basis laid down in accordance with Article 45 of the ASVG. Special payments (Section 49 (2) of the ASVG) are to be paid to the Fund with the same percentage of the funds.

(2) The contributions referred to in paragraph 1 shall also be paid to the Fund by third-country workers who have been transferred to Austria for the benefit of non-resident workers. The contribution basis is the remuneration of the employee (Section 17 (3) (5)), but at most up to an amount corresponding to the maximum contribution basis laid down in accordance with § 45 ASVG.

(3) For the collection of contributions and special contributions pursuant to paragraph 1, the provisions of the statutory health insurance cover the deduction of the insurance contribution from the fee. The contributions are to be raised by the responsible social insurance institution and forwarded to the fund together with the social security contributions.

(4) The contributions to employees who have been transferred from abroad are to be paid by the surplus to the Fund. The Fund may appoint a service provider to collect contributions. If the surplus does not comply with the obligation to pay contributions, the Fund or the service provider to injustice the open contributions in the court of jurisdiction. The court is responsible for the Vienna Labour and Social Court.

(5) The competent social insurance institutions shall be entitled to withhold remuneration for their expenses from the paid (transferred) contributions (special contributions) in the amount of 0.5 vH as a remuneration.

(6) The expenses incurred by a service provider (Section 22c (5)) arising from the collection of contributions pursuant to paragraph 4 and from the execution of the transferred activities shall be reimbursed from the Fund in accordance with the following principles: Service providers responsible for services shall be replaced after seizage. For the provision of services by the service provider, it is to be paid a one-off remuneration for the first institution as well as an annual remuneration, which is provided by a regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection after hearing of the Fund and the service provider. These allowances are not subject to VAT.

(7) By the Federal Government in accordance with § 6a of the Labour Market Policy-Financing Act (AMPFG), BGBl. No 315/1994, funds transferred to the Fund shall be used for the purposes of continuing training and may also be used for other tasks of the Fund by the end of 2016.

(8) The Fund may also contribute from third parties to the performance of its tasks.

(9) The obligation to pay contributions as referred to in paragraphs 1 and 2 shall be subject to the obligation to apply the other binding provisions of a general nature in force in the operation of the employee, in accordance with the last sentence of § 10 (1) of the last sentence.

Supervision

§ 22e. (1) The supervision of the Federal Minister of Labour, Social Affairs and Consumer Protection extends to compliance with the laws and regulations as well as the building of the Fund in compliance with the principles of economy, economy and economy. Desirability.

(2) The Management Board shall, upon request, provide the Federal Minister of Labour, Social Affairs and Consumer Protection with all information necessary for the performance of the supervisor and to make the necessary documents available.

(3) The Federal Minister for Labour, Social Affairs and Consumer Protection, or a representative appointed by him, shall be entitled to attend the meetings of the institutions of the Fund.

Resolution of the Fund

§ 22f. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection has to dissolve the Fund after hearing the legal representations of interests if:

1.

no more fund assets are available,

2.

the fund's assets are not sufficient to fulfil the fund's purpose and additional funds are not eligible for the fund; or

3.

the purpose of the Fund is not achieved.

(2) The fund assets still present in the event of dissolution shall be divided proportionally to the surplus payable in accordance with § 22d, or-if a division would be uneconomic-the corresponding collectively-contractible body of the to transfer employers.

Criminal provisions

§ 22g. (1) If the crime does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out and shall be fined by the District Administrative Authority from € 1 000 to € 5 000 in the case of To punish repeat cases of € 2 000 up to € 10 000 who, as a superlasser, do not pay the contributions to the fund pursuant to § 22d (1) and (2) unless this obligation is based in accordance with Section 22d (9).

(2) In the case of cross-border transfer, the administrative surrender shall be deemed to have been committed in the sprinkling of the district administrative authority in which the work (use) of the workers posted to Austria is located, in the case of changing work (use) at the place of control. "

30. The following paragraphs 15 to 17 are added to § 23:

" (15) § 1 (2), (2a), (4a) and (5), § 5 (1), § 6a including the title, § 7 (2), § 10 (1), (3) and (6), § 10a including the title, § 11, § 12, § 12a, § 14 (1), section 15 (1), the title before § 17, § 17 (3) to (5) and (7), § 18, § 20 (1) and (4), § 21 (1) and (2) (2) (3), (26) and Section V and VI in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 98/2012 will be 1. Jänner 2013 in force. The posting and appointment of the members of the organ, as well as the constitution of the institutions of the Social and Training Fund, with effect from 1. Jänner 2013 can already be used for the German Federal Law BGBl. I n ° 98/2012 will be given the following day. The obligation to contribute in accordance with Section 22d (1) and (2) shall take place in respect of overage workers with 1. January 2013 and with regard to the overage employee with 1. Jänner 2017 in force.

(16) § 22 in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 will be in force and shall apply to situations which occur after the end of 31 December 2012. § 22 shall continue to apply in the version prior to the entry into force of this Federal Act on facts which occurred before the end of 31 December 2012.

(17) § 10 para. 1a and § 13 in the version of the Federal Law BGBl. I n ° 98/2012 will be 1. Jänner 2014 in force. "

31.

§ 26 Z 3 in the version of the Federal Law BGBl. I n ° 35/2012 is referred to as Z 2.

32.

Article VI of the Federal Law BGBl. No 196/1988.

Article 2

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 19/2012, is amended as follows:

1. (Policy determination) In § 4 (1), the quote "2a" by quoting "2a to 2c" and the quote "§ § 40 to 51" by quoting "§ § 40l to 51" replaced.

2. (Policy determination) In accordance with § 5, the following § 5a and heading is inserted:

" Definitions for the omission of service users

§ 5a. (1) A surrender within the meaning of this Act shall be provided if third parties are made available to third parties in order to work for them and under the control of them.

(2) Overlasser is who, as a service provider, is obliged to provide services to third parties for work performance.

(3) It is more active in the case of those who employ employees who have been left to work for operational tasks in the workplace.

(4) The true economic content and not the external manifestation of the facts shall be decisive for the assessment of whether there is a transfer of service takers.

(5) A surrender shall also be provided in particular if the employees perform their work in the service of the plant manufacturer in the performance of contracts of work, but

1.

do not manufacture or participate in the manufacture of a work which deviates from the products, services and intermediate results of the manufacturer, distinguishable from it and which is attributable to the contractor, or

2.

do not perform the work primarily with material and tools of the contractor, or

3.

are incorporated into the company's operations and are subject to the supervision of the service and supervision of the plant or

4.

the contractor is not liable for the success of the work.

(6) The rules on the omission of service holders shall apply without prejudice to the applicable law applicable to the employment relationship, including for the EU, the European Economic Area (EEA) or third country employees. The transfer of service holders from Switzerland is to be treated like the omission from the EEA. "

3. (Policy determination) In section 14a (2), the word order shall be deleted "for work within the framework of a labour force transfer or" .

4. (Basic Law and Federal Law Applicable directly) In accordance with § 14b, the following § § 14c and 14d together with headline are inserted:

" Further claims against foreign service providers without a registered office in an EU or EEA Member State or Switzerland in the case of posting

§ 14c. (Policy determination) (1) The service taker posted by a service provider without a registered office in a Member State of the EU or of the EEA or Switzerland for work on the provision of a continued work to Austria has, without prejudice to the The right of service to be applied for the duration of the posting

1.

Paid leave in accordance with § 67, provided that the amount of leave is lower in accordance with the legislation of the home country; after the end of the posting, this service provider shall keep the aliquot part of the difference between the duration of the posting between the right to leave the holiday in accordance with Austrian law and the right to leave the holiday to which it is entitled under the legislation of the home country;

2.

the observance of the collective contractual working time arrangements.

(2) (federal law directly applicable) The service provider referred to in paragraph 1 and its principal as an entrepre shall be liable as the total debtor for the employee's remuneration claims pursuant to section 14a.

Further claims against foreign service providers based in an EU-or EEA-Member State or Switzerland on posting

§ 14d. (1) (Policy determination) A service taker posted to Austria by a service provider established in another Member State of the EU or of the EEA or of Switzerland for the purpose of providing a continued work performance shall, without prejudice to the duty of service, be the right to apply for the duration of the posting

1.

Paid leave in accordance with § 67, provided that the amount of leave is lower in accordance with the legislation of the home country; after the end of the posting, this service provider shall keep the aliquot part of the difference between the duration of the posting between the right to leave the holiday in accordance with Austrian law and the right to leave the holiday to which it is entitled under the legislation of the home country;

2.

compliance with the working time arrangements laid down in collective agreements;

3.

Keeping of the record within the meaning of the Council Directive on the obligation of the employer to inform the employee of the conditions applicable to his employment contract or employment relationship (91/533/EEC) in Austria by the service provider or the person responsible for the exercise of the authority ' s right of instruction to the seconded service provider.

(2) (federal law directly applicable) Service providers within the meaning of paragraph 1 shall have the employment of employees posted to Austria for the purpose of providing a continued work performance at the latest one week before the start of the work of the Central Coordination Unit for the Control of illegal employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance and a copy of the notification to the authorized person referred to in paragraph 1 Z 3, if: only one service taker is to be sent, to this person. Insofar as this is technically possible, the message shall be made electronically. In the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be reimbursed immediately prior to work. If the service provider has not issued a copy of the notification to the officer or to the service provider prior to work, the officer or the service provider shall have a message after the 1. To immediately reimburse the rate and paragraph 3 of the work. The Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance has a copy of the notification to the competent authority. Medical insurance institutions (§ § 26 and 30 of the ASVG) to be transmitted electronically.

(3) (federal law directly applicable) The notification referred to in paragraph 2 shall contain the following information:

1.

the name and address of the service provider;

2.

the name of the representative referred to in paragraph 1 (1) (3),

3.

the name and address of the domestic contracting authority,

4.

the names, dates of birth and social security numbers, and the nationality of the employees posted to Austria;

5.

Start and expected duration of employment in Austria,

6.

the level of remuneration due to the individual service provider;

7.

Place of employment in Austria (also other places of use in Austria),

8.

the nature of the activity and use of the service provider;

9.

in so far as it is necessary for the employment of posted workers in the host State of the employer, the issuing authority and the number of business, the date of issue and the period of validity or a copy thereof. authorisation,

10.

provided that the posted workers in the host State require a residence permit, the issuing authority as well as the number of business, the date of issue and the period of validity, or a copy of the permit.

(4) (federal law directly applicable) Agents referred to in paragraph 1 or in paragraph 1 (1) (3) of the European Parliament and of the Council of the European Union (paragraph 1) 2) if there is no social security obligation for the posted service provider in Austria, documents relating to the employee's registration for social security (Social Security document A 1 pursuant to Regulation (EC) No 883/04) shall have: Coordination of social security systems, OJ C No. OJ L 166 of 30.04.2004 p. 1, as last amended by Regulation (EU) No 465/2012, OJ L 136, 31.5.2012, p. No. 4), as well as a copy of the notification in accordance with paragraphs 2 and 3 of the work (use) in the territory of the country. If official authorisation is required for the employment of posted workers in the host State of the service provider, the authorisation shall also be available.

(5) (federal law directly applicable) The institutions of the tax authorities shall be entitled to enter the working place, to monitor the holding of the documents referred to in paragraph 4 and to make copies of these documents. In the case of work (use) changing within one working day, the required documents must be kept in place at the first work place (use). If a check is carried out on one of the other work (use), the documents must be submitted to the control body in a verifiable form within 24 hours.

(6) (federal law directly applicable) In accordance with the provisions of the data protection legislation, the authorities also have authorities of other EU or EEA Member States, which are responsible for monitoring compliance with labour and social legislation or for combating illegal activities. They shall be competent to provide information on whether a service provider complies with the conditions laid down in paragraph 1, to cooperate, and to provide information on reasoned requests from the authorities of other Member States. The granting of mutual assistance to these authorities is exempted from the federal government's stamp and legal fees.

(7) (federal law directly applicable) The collective contracting parties shall make available the collective agreements concluded by them in a suitable form.

(8) (federal law directly applicable) Who as a service provider or as an agent referred to in paragraph 1 Z 3

1.

the notification referred to in paragraph 2 is not reimbursed in time

2.

the required documents are not available in accordance with the provisions of paragraph 4;

shall be subject to an administrative surrender and shall be with the District Administrative Authority Fine of EUR 500 to EUR 5 000, in the event of a repetition of EUR 1 000 to EUR 10 000 to punish. In the case of a cross-border posting, the administrative surrender shall be deemed to have been committed in the sprinkle of the district administrative authority in which the work (use) place of the employees posted to Austria, in the case of changing work (use) places in the place of control. "

5. (directly applicable federal law) The following section title shall be inserted before the section heading to § 39t:

" 2b. Family Hospice "

6. (Basic provisions and federal law directly applicable) In accordance with § 39w, the following section 2c is inserted with the headings:

" 2c. Omission of service

General

§ 40. (Policy determination) (1) Service-holders shall not be allowed to leave without their express consent.

(2) The omission of service holders in establishments affected by strike or lockout shall be prohibited.

(3) Claims which are entitled to the transferred service provider under this section or under other mandatory provisions cannot be excluded by contract.

(4) Agreements between the superiors and the employee serving to circumvent legal provisions for the protection of the employees shall be prohibited.

Admissibility of cross-border omission

§ 40a. (1) The transfer of service holders from abroad to Austria shall be permitted only if an authorisation has been granted in exceptional cases in accordance with paragraph 2.

(2) The authorisation of the transfer of service holders from abroad to Austria may be granted at the request of the employee, if:

1.

the employment of particularly qualified professionals is essential for labour market and economic reasons,

2.

these employees are available exclusively by means of a transfer from abroad; and

3.

whose employment does not endanger the wages and working conditions of domestic service workers.

(3) The authorization referred to in paragraph 2 shall not be granted if the employee

1.

has failed to comply with the rules on the transfer of business operators; or

2.

operated inadmissible work placement, or

3.

The obligations of a service provider arising from labour law, including the protection of employees or social security law, have been seriously violated.

(4) The authorization referred to in paragraph 2 shall be granted only for a certain number of service holders and only for a specific period of time.

(5) The authorization referred to in paragraph 2 shall be revoked if the essential conditions for the grant are no longer available.

(6) The provisions of paragraphs 1 to 5 shall not apply to omissions within the EU, the EEA and Switzerland.

Social security and liability

§ 40b. ( directly applicable federal law ) (1) The obligations of the employer within the meaning of the social insurance legislation shall not be affected by the transfer. The employee has the superiors over the performance of night hard work in the sense of the art. VII of the Nachtschwerarbeitsgesetz (NSchG), Federal Law Gazette (BGBl). No 354/1981 and heavy labour within the meaning of § § 1 to 3 of the German Heavy Labour Regulation, Federal Law Gazette (BGBl). II No 104/2006, in order to enable it to fulfil the reporting obligations relating to night work pursuant to Article VIII of the NSchG and heavy working hours in accordance with § 5 of the Heavy Labour Regulation. The superior shall inform the convicted contractor in writing of any notifications made.

(2) As a place of employment (§ 30 ASVG)

1.

in the case of a domestic overlasser, the location of the operation of the surplus-

2.

in the case of a foreign surfer, the location of the employment of the employee.

(3) The Service Liability Act, BGBl. No. 80/1965, and the Organic Liability Law, BGBl. No 181/1967, apply both between the superiors and the redundant service provider and between the employee and the employee who has been made redundant.

(4) § 332 (5) and § 333 ASVG also apply to the employees who have been made redundant.

Claims of the service

§ 40c. (Policy determination) (1) The transferred service provider shall be entitled to an appropriate, local fee, which shall be paid out at least once a month and to be charged in writing. Standards of collective redress, to which the superior is subject, remain unaffected. The assessment of the appropriateness shall take account of the collective contractual or statutory remuneration to be paid for the duration of the transfer to comparable activities for comparable activities in the case of comparable activities in the employee holding.

(2) If the service taker is shown to be ready for performance and cannot be employed or employed only under the agreed extent, the remuneration shall be due on the basis of the agreed working time.

(3) During the transfer, the mandatory provisions of a general nature relating to the holiday period shall also apply to the employee who is being transferred to the service.

(4) Comparability shall be assessed on the basis of the nature of the activity and the duration of employment in the operation of the employee and the qualification of the service provider for that activity.

(5) The employed person shall give the convicted service provider access to the welfare facilities and activities in his holding under the same conditions as his own servants, unless there are factual reasons justifying a different treatment. These include, in particular, childcare facilities, mass caterers and means of transport.

(6) Insofar as the same collective contract is not applied in overlashings and in the operation of the employee, the collective agreement may provide for exemptions from paragraph 1 for omissions by a service provider falling within its scope if the collective agreement is applicable to the collective agreement. The employee does not exceed one week in the employee's business and the employee is not left to the service for more than three weeks in the calendar year.

Other requirements for cross-border transfer

§ 40d. (1) A service taker who is left to Austria from abroad shall be entitled, without prejudice to the law applicable to the employment relationship for the duration of the transfer, to paid leave in accordance with § 67, provided that the amount of leave is payable in accordance with the provisions of The legislation of the home country is lower. Upon termination of the transfer, the service provider shall keep the aliquot corresponding to the duration of the transfer, part of the difference between the higher holiday entitlement under Austrian law and the holiday entitlement which he/she is entitled to after the Legislation of the home state is pending.

(2) A service taker who is left to Austria from abroad shall, without prejudice to the law applicable to the service, be entitled to the duration of the transfer.

1.

Payment for payment in the event of illness or accident, including claims on termination of service, on public holidays and in the event of a service prevention for other important personal reasons, in the valid duration and in the amount,

2.

Compliance with the valid notice periods and termination dates as well as the standards on the special protection of dismissal and dismissal and

3.

Termination indemnity,

insofar as this is more favourable than the claims under the legislation of the home state.

(3) Claims in accordance with § 40c shall remain unaffected.

Duty to provide information

§ 40e. To the extent that the transfer is not covered by an exception by collective agreement pursuant to Article 40c (6), the superior shall have the service taker of the collective contract to be applied in the operation of the employee and the classification in the same as well as the basic salary or -lohn.

Equal treatment and non-discrimination

§ 40f. (1) As regards employment in the employment of the employee, the employee shall also be regarded as the employer of the redundant workers within the meaning of the rules on equal treatment and non-discrimination which are prohibited for comparable service users of the Employees shall apply.

(2) Paragraph 1 shall apply in particular to the selection of the redundant workers and the other working conditions, including the termination of a transfer.

(3) The superiors shall be obliged to provide adequate redress as soon as he or she knows or needs to know that during the period of employment the employee does not comply with the rules on equal treatment or non-discrimination.

(4) If a discrimination leads to an end of the surrender, a termination or non-renewal of the service in this context can be effected within the meaning of § 51 (7) of the Equal Treatment Act (GlBG), BGBl. I n ° 66/2004, as amended, and similar statutory provisions are challenged and claimed to be damages as if the termination or non-renewal of the service has been based on discrimination.

(5) The Überlasser shall be entitled to compensation for all expenses resulting from the third or fourth paragraph of paragraph 4.

Reporting requirements

§ 40g. (1) The superiors shall report the omission of service holders to the competent district administrative authority as soon as the transfer exceeds three weeks per calendar year, including the periods of successive omissions of different The employees are to be counted together.

(2) In the event of a release of service holders from abroad to Austria, the superiors shall report the cross-border transfer no later than one week before the working admission in Austria to the competent district administration authority. In the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be reimbursed immediately prior to work.

(3) The notification referred to in paragraph 2 shall contain the following information:

1.

the name and address of the superiors,

2.

the name and address of the worker;

3.

the names, dates of birth, social security numbers and nationality of the employees who have been made redundant,

4.

the beginning and expected duration of employment in the employment sector;

5.

the level of remuneration due to each individual service;

6.

Places of employment,

7.

Type of activity and use of individual service users.

(4) If this is technically possible, the notifications shall be made electronically.

(5) (federal law directly applicable) For each person who is not subject to social security contributions in Austria, the employee has to submit documents relating to the employee's registration for social security (Social Security document A 1 according to Regulation (EC) No 883/04). Coordination of social security systems, OJ C No. OJ L 166 of 30.04.2004 p. 1, as last amended by Regulation (EU) No 465/2012, OJ L 136, 31.5.2012, p. No. 4), as well as a copy of the notification in accordance with paragraphs 2 and 3 of the Working Party on Work (use). In the case of work (use) changing within one working day, these documents must be kept in place at the first work (use). If the holding of the documents at the place of work (use) is not reasonable, the documents shall at least be kept in the country and the evidence authority shall be shown to transmit it to the office of responsibility within 24 hours.

Untersagung

§ 40h. (Policy determination) (1) The omission of service takers shall be forgiven by the district administrative authority if the superiors have seriously or repeatedly violated his obligations, in particular to a service taker, and in spite of the written threat of Subsagung again injured.

(2) The contracts between the superiors and the undertakings made redundant shall not be affected by the omission of the omission of service agents. However, in the course of three months, the subsac shall constitute an important reason for a premature withdrawal within the meaning of § 33 for the transferred service employees.

Competence and procedures

§ 40i. (1) The application for the granting of the cross-border transfer of service holders from abroad to Austria pursuant to section 40a (2) shall be submitted to the relevant district administrative authority.

(2) The competent district administrative authority shall decide on these applications and on the revocation of the authorization and on the failure to enter the service of service representatives after consultation of the legal representations of interests and of the professional associations of the service providers and the service providers which are capable of collective agreements, and, in the event of the failure of service providers, also the competent agricultural and forestry inspection authority.

Monitoring and accountability

§ 40j. (1) The District Administrative Authority, as well as with regard to the protection of employees, shall be responsible for monitoring the compliance with the rules on the transfer of service workers.

The superiors and the employees of the employees shall have the competent authorities referred to in paragraph 1 at the request of the competent authorities.

1.

to provide all the information necessary for a review;

2.

to provide the documentation necessary for this purpose, and

3.

Permit the production of complete or partial copies of the documents, or any copies of the documents.

(3) The superiors and the employees shall have access to the competent authorities referred to in paragraph 1 to operate and inspect all documents relating to the omission of the service.

(4) (federal law directly applicable) For the purposes of the application of the provisions of paragraphs 1 to 3, social security institutions shall, in the case of the authorities referred to in paragraph 1, replace the social security provisions.

Mutual assistance

§ 40k. (Policy determination) (1) All authorities and all public bodies, in particular the legal interests of the service providers and the employees and the institutions of the social security system, have within their scope of action the Assisting the District Administrative Authority and the Land and Forestry Inspection in the performance of their duties in connection with the omission of service workers.

(2) This support shall, in particular, include the competent authorities referred to in paragraph 1 of this Article.

1.

the name, date of birth, address, sex, nationality, place of employment, conditions of employment and contract, and the pension, accident and health insurance data of the workers who have been made redundant,

2.

the name, the dates of birth, the address, the object of operation and the seat of the operation of the surplus; and

3.

the name, the dates of birth, the address, the legal representation of interests and the seat of the employment of the employee

"

7. (Policy determination) The previous § 40 receives the section title "§ 40l" .

8. (Policy determination) In Section 54 (2) and Section 230 (3), the quote shall be: "§ 40" through the citation "§ 40l" replaced.

9. (Policy determination) In accordance with § 55a, the following § 55b with headline is inserted:

" The omission of service workers

§ 55b. (1) For the duration of employment in the employment of the employee, the employee shall be regarded as a service provider within the meaning of the employee protection regulations.

(2) The superiors shall draw the attention of the employee to all circumstances relevant to the observance of personal employment protection, in particular the protection of working time and the special protection of persons.

(3) During the transfer, the statutory, collective contractual as well as other binding provisions in force in the operation of the employee shall apply to the employee who is being transferred to the employee in the course of employment. General type relating to aspects of working time.

(4) For the duration of employment in the employment of the employee, the service obligations of the employer shall also be the responsibility of the employee.

(5) The Überlasser shall be obliged to terminate the transfer immediately as soon as he or she knows or has to know that the employee does not comply with the employee protection or the welfare obligations in spite of a request. "

10. (Policy determination) In Section 81 (4), the quote shall be: "§ 82" by quoting "§ 5a" replaced.

11.

(Policy determination) Section 82, together with the headline:

" omitting

§ 82. (1) Employers are obliged to do so, before they are released and before any change in the use of service holders

1.

inform the superior of the suitability and the necessary expertise required for the activity, as well as of the specific characteristics of the workplace to be filled, in writing,

2.

to inform them in writing of the health suitability required for the job to be filled or for the activity envisaged,

3.

to provide proof of the transmission of the safety and health documents relevant to the job to be filled or to the activities provided for, and to inform them of any changes made to it.

(2) Overlases are obliged to provide the service takers prior to any omission and before any change in the transfer of the risks to which they may be exposed on the job to be filled, to the place of work or to the job Verifiably, in writing, the necessary aptitude or expertise as well as the necessity of aptitude tests and follow-up examinations.

(3) A transfer to activities for which aptitude and follow-up examinations are required may only be carried out if these investigations have been carried out and there is no non-health non-suitability. The employees are obliged to convince themselves that the investigations have been carried out and that there is no health non-expropriation. The corresponding service obligations must be fulfilled by the superlases, the employees have to provide them with the necessary information and documents.

(4) The obligations laid down in paragraphs 1 to 3 may be omitted if the activity is also carried out in the overlasing operation, no different risks are to be expected and the release does not exceed one week. "

12. (Policy determination) In accordance with section 202 (1) Z 1a, the following Z 1b is inserted:

" 1b.

the principles of the operational employment of service workers who are active in the context of a transfer; "

13. (Policy determination) The following paragraph 5 is added to section 204:

" (5) The works council shall be informed of the intended inclusion of the employment of convicted service workers; on request, a consultation shall be carried out. The works council shall be immediately informed of the inclusion of such employment. Upon request, he shall be informed of the agreements reached with regard to the time-to-work operation of the convicted service users and the remuneration for the transfer with the overlord. § § 194 to 197b are to be applied in a reasonable way. "

14. (Basic Law and Federal Law Applicable directly) In accordance with Article 237 (2), the following paragraphs 2a to 2d are inserted:

" (2a) In so far as the action does not constitute a criminal offence under the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, the implementing legislation must provide that: Administrative transgressions

1.

§ § 40 (2) to (4), 40a and 40h with a fine of € 1 000 up to € 5 000, in the event of a repetition of € 2 000 up to € 10 000;

2.

Article 40g (2), with a fine of € 500 up to € 5 000, in the event of a repetition of € 1 000 up to € 10 000;

3.

§ § 40e, 40g (1) and 40j (2) and (3) with a fine of up to € 1 000, in the event of a repetition of € 500 up to € 2 000,

be punished by the district administrative authority. In determining the amount of the fine, it shall be taken into consideration, in particular, on the yield or other economic advantage obtained by the transfer.

(2b) In the case of cross-border omission, the administrative transgressions referred to in paragraph 2a shall be deemed to have been committed by the administrative authority of the district administrative authority in which the place of work (use) of the employees transferred to Austria is to be found, with changing Work (use) places at the place of control.

(2c) (federal law directly applicable) § § 40g (5) and (4) (4) of the Act of Law (§ § 40g (5) and 40j (4)) shall apply if the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a stricter penalty. District managing authority with a fine of up to € 1 000, in the event of a repetition of € 500 up to € 2 000, to be punished. In determining the amount of the fine, it shall be taken into consideration, in particular, on the yield or other economic advantage obtained by the transfer.

(2d) (federal law directly applicable) In the case of a cross-border transfer, the administrative transgressions referred to in paragraph 2c shall be deemed to have been committed in the sprint of the district administrative authority in which the work (use) is located in the case of the employees who have been transferred to Austria, and in the case of changing Work (use) places at the place of control. "

15. (federal law directly applicable) The following paragraph 51 is added to section 285:

" (51) The implementing laws of the Länder on § 4 (1), § 5a, § 14a (2), § 14c (1), § 14d paragraph 1, § 40, § 40a, § 40c to 40f, § 40g para. 1 to 4, § 40h, § 40i, § 40j para. 1 to 3, § 40k, § 40l, § 54 para. 2, § 55b, § 81 para. 4, § 82, § 202 para. 1, § § § 82 Article 204 (5), section 230 (3) and § 237 (2a) and (2b), as amended by the Federal Law BGBl (Federal Law Gazette). I No 98/2012, shall be adopted within six months of the date of the act of the customer. "

Article 3

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 111/2010, is amended as follows:

1. In Section 99 (5), the quote shall be: "§ § 89 to 92" by quoting "§ § 89 to 92b" replaced.

(2) The following paragraph 27 is added to § 264:

" (27) § 99 (5) in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Article 4

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I No 152/2011 shall be amended as follows:

1. In Section 2 (2) (13), the phrase shall be: "Employee Pension Fund (MV Checkout)" by the expression "Occupational Pension Fund (BV cash register)" replaced.

2. The following paragraph 8 is added to Article 2 (7):

" (8) § 2 does not apply to employment relationships, to § 11 of the Labour force transfer act (AÜG), BGBl. No. 196/1988. '

3. In the heading to § 7a and to § 7b the word sequence shall be "in an EEA Member State" through the phrase "in an EU or EEA Member State" replaced.

4. § 7a (1) reads:

" (1) § 7 applies, without prejudice to the law applicable to the employment relationship, also to a worker who is not a member of an employer without a registered office in a Member State of the European Union or of the European Economic Area. be sent to Austria for the purpose of providing continued work. "

5. In § 7b (1), after the word order "in another Member State" the phrase "the European Union or" inserted.

6. The following sentence shall be added to Section 7b (9):

" In the case of a cross-border posting, the administrative surrender shall be deemed to have been committed in the sprinkling of the district administrative authority in which the work (use) of the workers posted to Austria is located, in the case of changing work (use) at the place of control. "

7. § 7j (1) reads:

The competent district administrative authority has the employer (s) within the meaning of § § 7, 7a (1) or (7b) (1), in the case of a cross-border transfer of the overlasser/in the exercise of the activities forming the subject of the service. for the duration of at least one year, if the employer is legally punished by more than three employees on account of the underwriting of the basic wage or in accordance with Section 7i (3) for the first time or another repetition "

8. The following Z 27 is added to Section 19 (1):

" 27.

§ 2 (2) Z 13 and Section 8, the title to § 7a, § 7a (1), the title to § 7b, § 7b (1) and (9), § 7j (1) and § 19 (2) in the version of the Federal Law BGBl. I n ° 98/2012 will be 1. Jänner 2013 in force. "

9. § 19 (2) reads:

" (2) With the enforcement of this federal law are entrusted:

1.

with regard to § 2 (1), last sentence, § 7b (3) and (6) and § 7f of the Federal Minister for Finance;

2.

in respect of the other provisions

a)

for service relations with the Federal Chancellors,

b)

for the rest of the employment relations of the Federal Minister for Labour, Social Affairs and Consumer Protection. "

Article 5

Amendment of the Employees ' Protection Act

The Employees ' Protection Act-ASchG, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1.

In Section 9 (3), the phrase shall be referred to in the introduction of the word "and before any change in the use of workers made redundant" shall be added in Z 1 and in Z 2 in each case before the words "To inform" the words "verifiably in writing" inserted and is the Z 3:

" 3. to provide proof of the transmission of the safety and health protection documents relevant to the job to be filled or to the activities envisaged, and to inform them of any change. "

2. In § 9 (4), after the word "Überlassung" the phrase "and before any change in their use" and after the word "Follow-up investigations" the words "verifiably in writing" inserted.

3. In § 9, paragraph 5, last sentence, after the word order "The Obligations of" the citation "§ 57 (1) and" inserted.

(4) The following paragraph 11 is added to § 131:

" (11) § 9 (3), (4) and (5) in the version of the BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Article 6

Amendment of the Foreigners Employment Act

The Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the German Federal Law BGB. I No 25/2011, shall be amended as follows:

1. In § 2 para. 2 lit. e will be the citation " within the meaning of Section 3 (4) of the Labour Force Act on Labour Force, BGBl. No. 196/1988 " by quoting " within the meaning of § 3 (1) and (4) of the Labour force transfer act, Federal Law Gazette (BGBl). No. 196/1988, and Section 5a (1) of the Landarbeitsgesetz 1984, BGBl. No 287 ".

2. In § 2 para. 3 lit. c becomes the citation "within the meaning of Section 3 (3) of the Labour Force Act on Employment Force" by quoting "in the sense of § 3 (3) of the Labour Force Act and Section 5a (3) of the 1984 Landarbeitsgesetz (Landarbeitsgesetz 1984)".

3. In Section 4 (3) (10) and (5), the citation shall be "pursuant to Section 16 (4) of the Labour force transfer law" by quoting "pursuant to § 16 (4) of the Labour Force Act (Labour Force Act) or pursuant to Section 40a (2) of the Landarbeitsgesetz 1984" replaced.

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

" (41) § § 2 para. 2 lit. e and para. 3 lit. c and 4 (3) Z 10 and (5) in the version of the Federal Law BGBl. I n ° 98/2012 will be 1. Jänner 2013 in force. "

Article 7

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I No 75/2012, shall be amended as follows:

1. According to § 6, the following § 6a is inserted:

" § 6a. (1) The Federal Government has three million in 2013 the Social and Training Fund according to § 22a of the Labour Force Act (AÜG). € 4 million each in 2014 and 2015 € 2 million each in 2016 and 2017 € and from 2018 one and a half million per year € for the purpose of continuing training of the (former) dismissed workers.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection has to ensure that the impact of the continuing training measures on the situation of the (former) redundant workers on the labour market will be evaluated in 2018. "

(2) The following paragraph 48 shall be inserted in Article 10:

" (48) § 6a in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Article 8

Amendment of the Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I No 35/2012, shall be amended as follows:

(1) The following sentence shall be added to Article 36 (4):

"Financial grants of the Social and Training Fund according to § 22c of the Labour Force Transfer Act (AÜG) are not to be applied to the emergency assistance."

(2) The following paragraph 126 is inserted in § 79:

" (126) § 36 (4) in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Article 9

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I No 35/2012, shall be amended as follows:

1. The previous § 18a shall be awarded the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The holiday and terminal box office is authorized to replace the resulting costs as a service provider on behalf of the Social and Training Fund under Section V of the Labour force transfer law-AÜG, BGBl. No. 196/1988

1.

To raise contributions for workers made redundant from abroad; and

2.

To wind up the benefits of the Fund in accordance with Section 22c of the AÜG in accordance with the provisions of the service contract. "

(2) The following paragraph 20 is added to § 40:

" (20) § 18a in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Article 10

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

The Construction Workers-Bad Weather Compensation Act 1957, BGBl. N ° 129, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. § 20 reads:

" § 20. In order to cover the effort, an annual contribution from the labour market policy is to be made in the years below. In the years 2007 to 2014, this amount will be 2.5 million. € 3 million each in 2015 and 2016 § 12 (3), (6) and (7) shall not apply during this period. "

(2) The following paragraph 8 is added to § 19:

" (8) § 20 in the version of the Federal Law BGBl. I n ° 98/2012 is 1. Jänner 2013 in force. "

Fischer

Faymann