Advanced Search

Articles Of The Collective Agreement For The Professional Association Of Employers For Health And Social Professions (Bags)

Original Language Title: Satzung des Kollektivvertrages für die Berufsvereinigung von Arbeitgebern für Gesundheits- und Sozialberufe (BAGS)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

101. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which declares the collective agreement for the professional association of employers for health and social professions (BAGS) on the statute

The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 111/2010 authorized, at the request of a collective agreement body, the party of a collective agreement, in the presence of the conditions set out in paragraph 3 above, to this collective agreement by means of a declaration of statutes also outside its the spatial, professional and personal impact of a legally binding effect.

By order of 28 March 2012, the Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes following the implementation of a senate hearing:

Statutes of the Collective Agreement for the Professional Association of Employers for Health and Social Occupations (BAGS)

S 2/2012/XXII/96/2

Scope of the Statute

§ 1.


Professional: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions:


public service bodies


Medical facilities, health care and hospitals


Rescue and Sanitary Services


Private kindergartens, crèches and horts (private daycare homes),


self-organized or Parent-managed children's groups


Childcare facilities by day-care mothers (-fathers)


Spatial: for the Republic of Austria, with the exception of the province of Vorarlberg


Personal: All employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid Collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG) are covered.

Excluded are:


Labour relations of workers who are employed in social assistance and/or social assistance measures In the case of countries with disabilities,


Employment relationships based on the objective of (re-) integration of workers into the labour market, to the extent that such measures are entrusted and/or promoted by third parties; this applies in particular to employment relationships in the labour market. the framework of the non-profit-making labour force;

However, this exception shall not apply to from 1. Jänner 2007 established employment relationships of transit personnel to employer/inn/n, insofar as these employers are not subject to a collective agreement, which is carried out within the framework of social economic enterprises and/or non-profit-making companies. Employment projects with the objective of (re-) integration work, these transit personnel/inn/n are obligated psychosocial to be accompanied and cared for and these measures are provided by the Labour Market Service, the Länder and/or the Federal Office for Social Affairs and disabled persons; such work conditions shall apply the present declaration of statutes, insofar as it relates to § § 1, 3, 4 (1) and 3 to 6, § 6, 7, 9, § 10 (1) to (6), § § 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement referred to in § 2 of the collective agreement,


Employment relationships based on an allocation by a payer (Labour Market Service/AMS, Social Security Institutions/SV, Federal Office of Social Affairs and Disability, etc.) qualification measures to be taken,


(Ferial-) Interns/inn/en as well as Volontarian/Volonaries. A person who stays in a facility for training purposes only in the short term, is not subject to a low fee. (Ferial-) Interns/in is, who is obliged to prove practical activities within the framework of a school or university education due to a curriculum or a study regulations.

Excluded are employees according to § 36 paragraph 2 Z 1 or 3 Labour Constitution Act, § 1 Abs. 1 Z 8 Arbeitszeitgesetz, § 1 Abs. 2 Z 5 Arbeitsruhegesetz und § 10 Abs. 2 Z 2 Arbeiterkammergesetz 1992, insofar as the declaration of statutes is based on the § § 4 to 12, 14, 15 and 19 of the Collective Agreement referred to in § 2.

Content of the Statutes

§ 2.


Signed between the Professional Association of Employers for Health and Social Affairs and the Austrian Trade Union Confederation, Trade Union of Private Employees, Print, Journalism, Paper and Trade Union VIDA, on February 21, 2012

Collective agreement for female workers employed by members of the employers ' association for health and social professions (BAGS)
(as of 1 February 2012)

at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 100/2012 and published in the "Official Journal of the Wiener Zeitung" of 27 March 2012,

shall be declared a statute.


The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes:


§ 2


§ 41 Z 1 penultimate and final sentence


in § 41 Z 2/B, third paragraph, the sentences: " The effectiveness of the opting shall enter into force on 1 January 2005. In establishments which shall accede to the BAGS after 1 July 2004 and are therefore subject to this KV, any worker shall have the right of opting within six months of the effectiveness of the KV for that establishment. "


§ 42


Insofar as § 30a (1) has been filed for the entry into force of Section 30a (1) (as amended on 1.1.2004), the date of entry into force of the Articles of Association shall be replaced by the date of entry into force of the Statute (§ 3).


Insofar as reference is made to the entry into force of the collective agreement in § 41 Z 2/B, the date "1 May 2006" shall be replaced by the date on which this date is entered. In the case of employment relationships for which this Statute will not take effect until 1 May 2006, an opting period of six months shall apply from the date of effect of the Articles of Association.

Beginning of the effectiveness and duration of the Articles of Association

§ 3. The date of effectiveness of the Articles of Association shall be 1 February 2012 as the beginning of the period of effectiveness. The term of validity of the Articles of Association shall be governed by the period of validity of the Treasury Collective Agreement.