142. Regulation of the Federal Minister for labour, Social Affairs and consumer protection, which change the Works Council election rules 1974, 1974's works Council rules, the Works Council Fund regulation in 1974, the regulation on the posting of workers representatives in the Supervisory Board, the Federal Agreement Office rules and the conciliation boards - rules of procedure
On the basis of article 161 of the labour Constitution Act (ArbVG), Federal Law Gazette No. 22/1974, as last amended by the budget accompaniment Act BGBl. I is no. 111/2010, in terms of article 6 in consultation with the Federal Minister of Justice, decreed:
Change the Works Council election regulations 1974
Ordinance of the Federal Minister for social administration of the preparation and holding of elections to the Works Council, Central Works Council, youth trust Council and Central Council of youth trust and the order and activity of election commissions and Wahlzeugen (Works Council election regulations 1974), Federal Law Gazette No. 319/1974, as last amended by the regulation BGBl. No. 917/1993, is amended as follows:
1 the following paragraph 5 is added to § the 1:
"(5) the competent voluntary professional association or legal representation of interests of workers (article 39, paragraph 4 ArbVG) may indicate the commitment of the workforce to the choice of a Works Council and the procedure to be observed in each worker of the workforce of an enterprise within the meaning of paragraph 1 or 4 through appropriate measures."
2. paragraph 3 section 1:
"(1) the number of members of the Works Council shall be determined by the number of the day of Betriebs(Gruppen)versammlung to the choice of the election Board, part of meetings on the day of the last part of Assembly, operation workers employed."
3. in article 5 "Maternity leave" is replaced "Presence, training or community service" by the word "Grace" and the word "Military service" by the words.
4. in the previous article 6 par. 1 eliminates the sales designation; § 6 section 2 is omitted.
5. paragraph 8 section 1:
"(1) all employees who have completed 1 on the day of the tender the election 18 years of age and 2 for at least six months within the framework of the operation or of the company, the company owned are employed are available."
6 paragraph 8 para 3:
"(3) (are not selectable: 1) (a) the spouse or registered partner of the business owner;"
(b) the children and grandchildren of the owner of the business, and their spouses or registered partners as well as the children and grandchildren of the spouse or registered partner of the owner of the business.
(c) the parents and grandparents of the owner of the business as well as the parents and grandparents of the spouse or registered partner of the owner of the business.
(d) the brothers and sisters of the holder and their spouses or registered partners as well as the brothers and sisters of the spouse or registered partner of the owner of the business.
(e) persons, which are available to the farmer in relation of choice - or foster child, option - or foster parents as well as ward or guardian;
2. in operations of legal persons the spouse or registered partner of members of the institution appointed to the legal representative of the legal person, as well as people, with members of any such representative body in the first degree are related to or related by marriage;
3. homeworkers. "
7 paragraph 11 paragraph 1:
"(1) is the time of the Betriebs(Gruppen)versammlung to the choice of the selection board of the convenor (§ 45 ArbVG) no later than two weeks prior to the taking place of the Assembly to make known by assault in operation or other appropriate written or electronic notice." The fence has to be made that the workers of the company (employee group) can first take note of its content. In larger farms the stop is if it requires the nature of the operation carried out in several places. The attack in any place of employment shall be made in locally separated workplaces. In companies (groups of workers), in which a maximum of two works Council members are to choose, the draft can be made by oral announcement. The convenor has unless convened by written or electronic communication, or announcement to ensure the understanding of voting workers. More detailed provisions in the rules of procedure can (§ 8 Council Rules 1974, Federal Law Gazette No. 355, in the currently valid version) set. The convenor has at the same time in writing to inform the holders of the works meeting taking place, being expressly noted on the agenda of the meeting of the operation, as well as the obligation of the holder to the delivery of the employee directory on the Election Committee in accordance with article 14, paragraph 1."
8 paragraph 13 paragraph 3 and 4:
"(3) the selection board fails the obligations referred to in paragraph 1 within eight weeks or only inadequate, it is so by the Betriebs(Gruppen)versammlung to impeach. In this case the competent voluntary professional association or legal interests of the working people, convened by way of derogation §2 of Council rules, every employee of the company, the Betriebs(Gruppen)versammlung. It has at the same time to order a new election Board. In the case of multiple drafts is the time first.
"(4) for the members of the selection board, the § § apply 115 and 116 ArbVG, BGBl. No. 22 / 1974, in its version of the budget accompaniment Act Federal Law Gazette I no. 111/2010 mutatis mutandis."
9 paragraph 14 paragraph 1:
"(1) the holder a directory has the Election Committee on the day of the Betriebs(Gruppen)versammlung to the choice of the selection board - part of meetings on the day of the last part of Assembly - in operation employed workers within two days after receipt of the communication pursuant to article 12 paragraph 2 available to ask if he by the convenor of the operating Assembly to the choice of the selection board on the duty for the delivery of the employee directory is expressly advised." This directory has families - or after - and given names, date of birth, the day of entry into operation, as well as information about it to contain, which are located, work sites and locations outside the main operation and which workers are employed there. The directory has to contain in addition that expected to be prevents the presence, training or community service, an existing illness or use outside of the main operation due to vacation, maternity leave, performance on election day on the personal vote the residential addresses of those workers. When separately to elect councils, the directory of those workers to to provide the concerned group belonging is each Election Committee."
10. in article 19, paragraph 2, Z 11 the word "Parental leave" by the word "Grace" is the word "Military service" is replaced by the words "Presence, training or community service".
11. in section, the expression "Family and first name" by the expression "Family or post and first name" replaced 20 para 2a No. 1.
12. in article 22, paragraph 3, the expression is replaced "Family and given name" by the expression "Families - or after - and given name".
13. According to article 22, paragraph 5, the following paragraph 5a is inserted:
"(5a) the electoral map is produced as lockable letter envelope that is addressed to the Election Committee. An official ballot (§ 21a) and a choice of envelope (§ 24 para 3) are the choice card to connect. The electoral map's dimensions are set so that the envelope of an election may be lodged."
14. under section 24, paragraph 2, the following paragraph 2a is inserted:
"(2a) blind or severely visually impaired people may lead by an attendant, who can select themselves, and let help during the Election Act. In all other cases, the choice of cell may be entered only by the voters alone. The Election Committee decides on the admissibility of the use of an attendant in case of doubt. Any vote with the help of an attendant should be noted in the transcript."
15 § 25 para 1 last sentence reads:
"Together with the voting card in the envelope submitted by the Electoral Committee or the voting card produced as envelope issued by the Election Committee, the election envelope is (§ 22 para 5a) to place and in the post about the post or an other universal service providers in accordance with § 6 para 1 to 3 of the postal market Act, Federal Law Gazette I no. 123/2009, in its version of the budget accompaniment Act Federal Law Gazette I no. 111/2010" ", the Election Committee to submit."
16 paragraph 33:
"article 33. "The election Board has the outcome of the election in the operation by attack or other appropriate written or electronic notice (§ 11 para 1) to be published and the holder, the Inspectorate competent for the location of the operation, the competent voluntary professional associations and the competent legal representation of interests of workers in writing."
17 § 48a par. 5 fourth sentence reads:
"The decision-making § 31 para 1 in conjunction with § applies 14 paragraph 7, 7a and 8 of Council order 1974, BGBl. No. 355, in the currently valid version."
18. in section 48a para 8, the expression "Family and first name" by the expression "Family or post and first name" will be replaced.
19 § 49 para 1 second sentence reads:
"Calculating this number you have according to § 8 section 3 to stay Z 1 family members are excluded from the passive right to vote of holders not taken into consideration."
20 § 50 para 1 is as follows:
"Are (1) young workers within the meaning of this regulation, workers, including homeworkers, still not have reached age 18, as well as apprentices, who who are under the age of 21."
21 paragraph 54 with heading:
"Right to vote
§ 54. vote are all employees of the company, still not have reached age 18 on the day of the election call (§ 52), as well as apprentices, still not have reached age the 21st, and who are busy on this day and on the day of the election in the operation."
22 paragraph 55 together with the heading:
"Passive right to vote
§ Are 55. all employees of the operation who age 1 on the day of the election tender their 23 year and 2 the day of the election for at least six months in operation are busy."
23 section 67 the following paragraph 3 is added:
"(3) section 1, para. 5, § 3 para 1, § 5, § 6, article 8, paragraph 1 and 3, article 11, paragraph 1, article 13, para. 3 and 4, article 14, paragraph 1, section 19 para 2 Z 11, § 20 para 2a Z 1, article 22, para. 3 and 5a, section 24 para 2a, § 25 para 1, § 33, § 48a para. 5 and 8, § 49 para 1, § 50 para 1, § 54 along with heading" , article 55 together with heading, as well as the plants 1 to 14 of this Regulation as amended by regulation BGBl. II Nr 142/2012 apply with may 1, 2012. § 6 par. 2 occurs at the end of the April 30, 2012 override."
24. the appendices 1 are up 14 to the Works Council election rules: