101. Regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, which explains the collective agreement for the Professional Association of employers for health and social professions (BAGS) to the articles of Association
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with article 18, paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. 111/2010 empowered, at the request of a collective agreement enabled Corporation who is party to a collective agreement to grant legally binding effect this collective agreement by declaration to the Statute also beyond its spatial, technical and personal effects when the conditions specified in paragraph 3.
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection has adopted decision by March 28, 2012, after a Senate hearing following articles:
Articles of the collective agreement for the Professional Association of employers for health and social professions (BAGS)
Scope of the Statute
a) professionally: For providers of social and health services of preventive, attending or rehabilitative nature for persons who require adequate assistance or support, with the following exceptions: - public entities - spas -, health and hospitals - rescue and medical services - private kindergartens, nurseries and crèches (private children Tagesheim) - self-organizing or parents-managed groups of children - facilities of child care by Tagesmütter(-Väter) b) spatial: for the Republic of Austria, excluding the Federal Province of Vorarlberg c) personal : All employers within the professional scope, as well as by this employer-seekers in the territorial scope employed workers and apprentices, unless their working conditions through a valid collective agreement (except collective agreements pursuant to § 18 para 4 ArbVG) are recorded.
Working conditions, be justified with the aim of the (re-) integration of worker-seekers in the labour market, commissioned as far as these measures by third parties and/or promoted - labour workers-seekers, who are employed in measures after sozialhilfe - or disabled legal rules of the countries - are excluded. This applies particularly for labour relations in the framework of voluntary labour assignment;
This exception applies to but not established as of January 1, 2007 employment by transit employees-seekers to employers-seekers, as far as these employers are subject to any collective agreement that work, obligatory psychosocial accompanied this transit employees-seekers and are cared for in the context of socio-economic enterprises or non-profit employment projects with the objective of the (re-) integration, and these measures by the labour market service , the countries and/or the Federal Office for Social Affairs and disability are encouraged; for such employment the present Statute Declaration is considered to be, as far as on §§ 1, 3, 4 para 1 and 3 to 6, §§ 6, 7, 9, § 10 para 1 to 6, sections 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement stated in § 2 relates,-labour relations, on the basis of an assignment by a cost object (labour market service/AMS, social insurance institutions/SV, Federal Office of social and Disability Affairs , etc.) Qualification measures have to the content-(Ferial-) trainee migrants and volunteers/volunteers. Volunteer is who holds up in the short term only for educational purposes in a facility; a small fee does not preclude a trainee. (Ferial-) Intern is who is committed within the framework of a school or university education based on a curriculum or a study to prove practical activities.
Workers in accordance with § 36 para 2 Z 1 or 3 are also working Constitution, article 1, paragraph 1 Z 8 working hours Act, § 1 para 2 Z 5 work in peace law and § 10 par. 2 Z 2 Chamber of Labour Act 1992, as far as the Declaration of the Statute refers to the sections 4 to 12, 14, 15 and 19 of the collective agreement listed in section 2.
Content of the articles of Association
1 between the Professional Association of employers for health and social professions and the Austrian Trade Union Federation, Union of private employees, printing, journalism, paper and Union VIDA, on February 21, 2012 collective contract for workers who are employed by members of the Professional Association of employers for health and social professions (BAGS) (as of February 1, 2012)
be deposited with the Ministry of labour, Social Affairs and consumer protection under register number KV 100/2012 and published in the "Amtsblatt zur Wiener Zeitung" of March 27, 2012, explains to the articles of Association.
2. of the Statute declaration below mentioned collective agreement are excluded: - section 2 - section 41 Z 1 penultimate and last sentence - in § 41 Z 2/B third paragraph the sentences: "the effectiveness of opting with 1 January 2005 into force. In companies that join the 1.7.2004 of the BAGS and thus subject to this KV, every worker has the right of the opting period of six months after effectiveness of CT for this operation."
-§ 42 3.
As far as in section 30a, no. 1 on the entry into force of section 30a, paragraph 1 (in the version of 1.1.2004) is turned off, the entry into force of the Statute (§ 3) takes place this date.
4. If Z 2/B on the entry into force of the collective treaty reference is made in section 41, the date "1 May 2006" will take place this date. An opting period of six months from the articles of Association be for employment, for which this Constitution becomes effective after May 1, 2006.
Beginning of the effectiveness and validity of the Statute
§ 3. February 1, 2012 is set as the start of the effectiveness of the Statute. The validity of the Statute depends on the validity of the gesatzten collective agreement.