Volunteer Law - Freiwg And Changing Of The Equalisation Act, The General Law On Social Security, Of The Commercial Law On Social Insurance, The Peasants Sozialversicher...

Original Language Title: Freiwilligengesetz – FreiwG sowie Änderug des Familienlastenausgleichsgesetzes, das Allgemeinen Sozialversicherungsgesetzes, des Gewerblichen Sozialversicherungsgesetzes, des Bauern-Sozialversicher...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997630/freiwilligengesetz--freiwg-sowie-nderug-des-familienlastenausgleichsgesetzes%252c-das-allgemeinen-sozialversicherungsgesetzes%252c-des-gewerblichen-sozial.html

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17 federal law, with the issued a federal law on the promotion of volunteering (volunteer Act - FreiwG) as well as the equalisation law, the General Law on social security, the commercial social security law, the farmers Social Insurance Act, the unemployment insurance act and the fees Act be changed

The National Council has decided:

Table of contents



Art.  Subject


 



1 Federal law for the promotion of volunteering 2 change of the equalisation Act 3 amendment of the General Social Security Act 4 amendment of the commercial law on social insurance 5 amendment of the peasants Social Security Act 6 amendment to the unemployment insurance Act 7 amend the fees Act article 1

Federal Act on the promotion of volunteering (volunteer Act - FreiwG)

Table of contents



Section 1 General provisions







§ 1.





Objectives







§ 2.





Promotion of volunteering







§ 3.





Voluntary organisations







§ 4.





Voluntary reporting and Internet portal







Section 2 voluntary social year







§ 5.





Subject







§ 6.





Voluntary social year







§ 7.





Participants







§ 8.





Carrier







§ 9.





Operation site







§ 10.

§ 11.

§ 12.

§ 13.

§ 14.

§ 15.

§ 16.

§ 17.

§ 18.

§ 19.

§ 20.

§ 21.





Information requirements

Quality assurance

Agreement, certificate

Exemption

Time limitations

Maternity protection

Limitation of liability

Monitoring and sanctions

Equal treatment

Use of personal data

Responsibilities of the labour and social courts

Promotion







Section 3 voluntary environmental protection year







section 22.

section 23.

§ 24.





Subject

Voluntary environmental protection year

Applicable regulations







Section 4 Memorial Service, peace and social services abroad







§ 25.

section 26.

§ 27.





Subject

Memorial Service, peace and social service abroad

Applicable regulations







Section 5 Austrian volunteer Council







section 28.

section 29.

section 30.

§ 31.

§ 32.

§ 33.

§ 34.

section 35.





Setup

Target

Tasks

Members

Order

Convening of meetings

Quorum

Management and regulation







Section 6 of recognition funds for volunteering







section 36.

§ § 37 to 39.

section 40.

§ § 41 and 42.

§ 43.

§ 44.





Funds, beneficiary

Grants

Jurisdiction

Medium

Management of the Fund

Expenses borne







Section 7 final provisions







§ § 45 to 47.





 





Section 1

General terms and conditions

Objectives

§ 1 (1) this federal law regulates to support framework for formal voluntary activities in the interest of the general public with the aim of such activities and to encourage the participation. Thus, the cohesion between the social groups, generations and cultures, as well as the societal and social responsibility should be strengthened.

(2) in order to achieve these objectives, this federal law prescribes:



1. funding by voluntary organisations, a volunteers passport and a periodic voluntary report (section 1), 2. the establishment of a voluntary of social year, a voluntary of environmental protection year, a memorial service, a peace and social service abroad, as well as the legal protection of the participating (sections 2, 3 and 4), 3. the creation of an Austrian volunteer Council (section 5), 4. a recognition Fund for voluntary commitment (section 6).

Promotion of volunteering

§ 2 (1) in accordance with this federal law and the resources available for that purpose in the Federal Finance Act can grant of the Federal Minister for labour, Social Affairs and consumer protection or / the Federal Ministry of economy, family and youth, without prejudice to the responsibility of other Federal Ministers, to voluntary organisations within the meaning of § 3 for volunteering, volunteer specific projects and awareness-raising funds.

(2) voluntary commitment exists when natural persons



1. voluntary services for others, 2nd in one organisational framework, 3 free of charge, 4. for the purpose of promoting the general public or of mainly social motives and 5. without that this is done in purchase intent, on the basis of an employment relationship or within the framework of vocational training, provide. Volunteering is considered to be measures of personal and professional education and training that are required for the voluntary organisation and implementation of voluntary activity. Also considered volunteering also taking part in the European voluntary service within the framework of decision No 1719/2006/EC.

(3) subsidies can be granted in the form of grants. There is no entitlement to promotion.

Voluntary organisations

3. (1) voluntary organisations are non-profit legal persons of public or private law, working very much from individuals as part of voluntary activities in accordance with article 2, paragraph 2, which are not geared to profit and whose registered office is located in the domestic within the meaning of this section.

(2) within the meaning of this section are not political parties in the sense of the law on political parties, Federal Law Gazette considered voluntary organisations No. 404/1975.

(3) voluntary organisations are eligible only according to § 2, if they educate their volunteers demonstrably about the framework conditions for voluntary activities, and in particular on: shooting mode, fields of activity, contact, education and training, say, activity detection, compensation and insurance.

(4) voluntary organisations are eligible only according to § 2, if they issue a certificate of activity about duration and nature of the activity, as well as the expertise it acquired the volunteers to the harnessing of the skills acquired through the voluntary commitment and qualifications on its request within six months of the termination of their activities (detection of volunteering/volunteers passport).

Voluntary reporting and Internet portal

4. (1) the Federal Minister for labour, Social Affairs and consumer protection reports on the situation and development of volunteering in Austria with the participation of the Austrian voluntary Council and in consultation with the Federal Minister of economy, family and youth at periodic intervals.

(2) as a central information and networking medium about and for the voluntary commitment in Austria is an Internet portal for the Federal Ministry of labour to establish social affairs and consumer protection.

Section 2

Voluntary social year

Subject

§ 5. This section governs civil aspects of the voluntary of social year and whose other framework conditions, insofar as this falls within the legislative and enforcement competence of the Federal Government, in particular for the purposes of the social security and family allowance.

Voluntary social year

§ 6. The voluntary social year is one of the special forms of volunteering, is in the interest of the common good, and may not be completed within the framework of an employment relationship. Objectives of the voluntary of social year are in particular the improvement of school students, getting to know the work in the area, personality development, extension and application of knowledge to the acquisition of skills for social professions, career guidance, strengthening social skills and the promotion of voluntary social commitment of participants.

Participants

§ 7. The participants of the voluntary of social year are people without relevant completed vocational training after completion of 17 years - in particular suitability to age of 16 years - once performing a voluntary practical activities in the period of six to twelve months at a usage point assigned by a recognized institution (§ 8) domestically in accordance with § 9 to achieve the objectives referred to in article 6 (training ratio). The usage has to be aligned with objectives and is under pedagogical accompaniment and professional guidance, supervision and responsibility of the respective area. A student may work no more than 34 hours a week.

Carrier


Are nonprofit carriers of the free welfare or other non-commercial, not-for profit-oriented legal entities of private law based in the domestic section 8 (1) on application with notice of the / Federal Minister/Minister for work, to acknowledge social and consumer protection as a carrier of the voluntary of social year. the recognition can temporarily or indefinitely be carried out. Requirements for recognition as a carrier are:



1. the technical and economic conditions for the Organization of the voluntary of social year, in particular a) sufficient financial resources for the implementation of the voluntary of social year, b) the existence of a programme of educational support and accompaniment for the participants to the extent of at least 150 hours according to § 8 para 4 No. 2, c) the existence of a quality assurance concept, d) numerically sufficient, appropriately qualified staff for the care of the participants (in particular a specific contact person), as well as for the selection of prospective candidates and information , e) experience in volunteer management.

2. the presence of at least 15 in appropriate with regard to the objectives of the voluntary of social year and the carrier-independent job sites with cross-regional dispersion in at least three different application areas according to § 9 para 1, which fulfill in particular the requirement of § 9 para 2 (labour market neutrality).

(2) the application referred to in paragraph 1 are to enclose:



1. draft agreement with the bodies of the usage points, 2. draft of agreement with the contestant on the voluntary social year, 3. evidence of the recognition conditions laid down in paragraph 1, including an educational, financial and quality management concept and the giving of at least 15 planned locations with supra-regional dispersion and in at least three different areas of application, pursuant to section 9 para 1, 4 proof of independence pursuant to § 9 para 1 last sentence , in particular through proof of the legal status of the carrier or the planned locations.

(3) the holder of the voluntary of social year have the Federal Minister of labour, to inform social and consumer protection immediately of any change of the recognition requirements in accordance with paragraph 1 or the changes of evidence referred to in paragraph 2.

(4) the holder of the voluntary of social year make the following commitments:



1. the consultation and information of participants and interested parties and prospective buyers (§ 10), 2. ensuring professional guidance of the participants in the operation site and educational support and accompaniment of educationally trained forces to the extent of at least 150 hours in reflection, character education, and subject-specific seminars, including theoretical training, 3. ensuring the social security coverage and payment of contributions , 4. respect for the labour market neutrality in the use of the participants, in particular through the selection of job sites which meet the conditions of § 9 para 2 no participants on the voluntary social year in a place to give 5. has employed contrary to the provision of § 6 participants to the voluntary social year in the framework of an employment relationship, 6 payment of pocket money amounting to at least 50% and up to 100% of the monthly amount according to § 5 para 2 No. 2 of the General Social Security Act , BGBl. No. 189/1955, to the participants, 7 an agreement and issue a certificate according to § 12, 8 representing the interests of the participant / of the participant in the voluntary social year-over area and 9 the implementation of quality assurance (section 11).

(5) the recognition as a suitable medium referred to in paragraph 1 is by the by the Federal Minister for labour, Social Affairs and consumer protection to revoke, if



1. this the carrier of the voluntary of social year requested, 2. the carrier no longer the conditions laid down in paragraph 1 corresponds to, the carrier no longer fulfilled him according to § 4 obligations despite a reminder 3rd or 4th for a usage year in at least two different locations the employment of at least three by the respective entity mediated participants/participants as workers by final judgment or final settlement was found.

(6) decisions pursuant to paragraph 1 and 5 are from the and from the Federal Minister for labour, Social Affairs and consumer protection in consultation with the Federal Minister of economy, to establish family and youth.

(7) Federal Minister for labour, Social Affairs and consumer protection the has to publish a directory of the institution recognised for the implementation of the voluntary of social year in the Internet for information for any prospective students.

Operation site

9. (1) a suitable place is a public and not-for-profit institution from one of the following areas: social and handicapped, elderly care, care by drug addicts, care of people affected by violence, care for refugees and displaced persons, care of homeless, childcare, work with children, young people and senior citizens. A carrier may not also be on-site.

(2) ongoing operations in the area or in facilities locally deployed to this part can be maintained even without participating to the voluntary social year in full date (labour market neutrality). That is, in particular, that's not allowed by the participants on the voluntary social year to reduce the number of workers in the area.

(3) for the implementation of the voluntary of social year, the approved carrier and the legal entity of the area include a written agreement. The agreement sets out ways in which carriers and locations together pursue the objectives of the voluntary of social year (in particular social skills and occupational orientation of the participants in the voluntary social year).

Information requirements

§ 10. According to § 8 recognized carrier have to educate the participants has been proven about the framework conditions of the voluntary of social year in particular about the law applicable for the participants, social protection and family allowance, fields of activity, contact and expert guidance at the point of use, educational support and accompaniment, material content of the agreement according to article 12, activity detection/certificate, as well as pocket money or any compensation.

Quality assurance

§ 11 (1) the carrier recognized according to § 8 shall perform a regular assessment of in particular of technical instructions and the pedagogical support and monitoring through pedagogically trained forces in the areas of reflection, personal development and technical seminars and the practical use.

(2) the carrier recognized according to § 8 have the the Federal Minister for labour, Social Affairs and consumer protection and the / the Federal Minister of economy, family and youth every three years - or may also express when prompted - written reports on the implementation and evaluation of the voluntary of social year, including the number in the total locations workers employed which, to present.

(3) for the purposes of the evaluation of the voluntary of social year and review the recognition conditions of vehicles the main Association of Austrian social insurance institutions undertakes the Federal Ministry for labour, Social Affairs and consumer protection and the Federal Ministry for economy, family and youth on request, at least once a year number, age, sex, and duration of the use of the participants on the voluntary social year and whose place in the respective Federal State , broken down by carriers, as well as to announce the total number of workers employed in each area.

Agreement, certificate

The carrier approved for section 8 and the contestant on the voluntary social year complete a written agreement section 12 (1) before start of the mission. It must include:



1 first - and families - and surname, date of birth and address of the participant / participants, 2. the designation of the carrier of the voluntary of social year and the usage site, 3. the duration of the voluntary of social year and provisions for the case of premature termination of use, where the refund may not be agreed training costs, 4. the mutual Declaration that the provisions of this law must be observed during the implementation of the voluntary of social year , 5. indication of the recognition decision of the carrier, 6 information on the nature and amount of any monetary or in kind for accomodation, meals, clothing and pocket money, 7 specifying the extent of the exemption and 8 the objectives of the use and the essential of measures serving targets 9 the consent of / the participant, that the data of the agreement a) on the locations and the carriers for the purposes of the execution of the voluntary of social year , b) of the main Association of Austrian social security institutions for the purpose of verifying the recognition requirements, the carrier and the evaluation and c)

are submitted to the institution of social security for the purposes of social security, as well as d) to tax authorities for purposes of the family allowance.

(2) the approved carrier issues a certificate the participant with the participation of the respective area upon completion of the mission. The certificate must contain the indication of the recognition decision of the carrier, the period and information on the skills acquired in the context of the voluntary of social year and competencies.

Exemption

13. (1) the participant is entitled to exemption in the amount of 25 days for the voluntary social year. Exemption to the extent which corresponds to the duration of the shortened voluntary of social year is due to a shorter duration of the voluntary of social year of less than 12 months. Parts of days, arise when calculating the extent of exemption so these are whole days to round up.

(2) via the consumption of the exemption an agreement between the is participant and the legal entity of the area in time to meet, where appropriate to take into consideration is on the area and the personal interests of the contestant. An agreement is reached, the carrier with whom the participant has concluded the agreement in accordance with § 12 decides the exemption. While the exemption, the participant retains entitlement pocket money due pursuant to § 12.

(3) for important personal reasons, the contestant by the legal entity of the on-site about the extent indicated in paragraph 1 may be granted an exemption that is appropriate to the occasion in the voluntary social year in payment of pocket money.

Time limitations

§ 14. The legal entity of the place has participants, not the children's and youth employment act 1987, Federal Law Gazette covered by no. 599/1987, to grant a continuous recreation of at least 36 hours in each calendar week.

Maternity protection

§ 15. The sections 3 to 9 of the maternity protection Act 1979 (MSchG), Federal Law Gazette No. 221/1979, apply to participants on the voluntary social year mutatis mutandis with the proviso that the legal entity of the job site is responsible for compliance with this provision.

Limitation of liability

§ 16. The provisions of the service employee liability law, BGBl. No. 80/1965, are both in the relationship between the institution of the voluntary of social year and the participant and participant operating between the area and the support in this area apply accordingly.

Monitoring and sanctions

17. (1) the authorities appointed to carry out the ArbeitnehmerInnenschutzes have immediately to report observed violations of ArbeitnehmerInnenschutzvorschriften the respective winners of the voluntary of social year.

(2) the violation of the obligations imposed on the entities of area in section 14 and section 15 is an administrative offence, by the district administrative authority



1. for violations the § 14 with a fine of up to 1 €090, 2. in violation of article 15 according to the penalty provisions of the MSchG is punishable, provided that the Act is not subject to a more severe penalty under other provisions.

Equal treatment

§ 18. The I and II part of the equal treatment Act, Federal Law Gazette I no. 66/2004, as well as the provisions of the disabled setting Act, Federal Law Gazette No. 22/1970, relating to the protection against discrimination shall apply mutatis mutandis.

Use of personal data

The winners recognized by article 8 and the locations and the carriers may use personal data referred to in paragraph 2 only 19 (1), if the use of the data is essential for the performance of a task conferred on them by law.

(2) the carrier recognized according to § 8 are empowered to transmit the following data insofar as this is necessary for the fulfilment of the respective tasks of these receivers to the recipients referred to in paragraph 3: name, date of birth, social security number and address of / the participant / in on the voluntary social year (master data record), data of the notification in accordance with section 8 and the agreement according to § 12, duration of the voluntary of social year and kind of of the / of the participant to be performed activities , Name and address of recognized sources and locations and their entities.

(3) the recipients of the data are:



1. the locations according to § 9 and beam for the enforcement of this section, 2 the main Association of Austrian social security institutions for the purpose of verifying the recognition requirements, the carrier and the evaluation according to § 11 par. 3 and the makers of social security for the purposes of the social security system, 3. the tax authorities for the enforcement of the equalisation Act 1967, BGBl. No. 376/1967.

Responsibilities of the labour and social courts

§ 20. The regional courts as the labour and social courts, in Vienna the labour and social Court of Vienna are responsible for disputes between participants in the voluntary social year and the recognized institution (article 8) and between the participant and the place (§ 9). The provisions of the labour and social Court Act for labour cases are apply accordingly, participant is the in this regard as workers, the recognized institution and the usage as an employer.

Promotion

§ 21. Can a voluntary social year in accordance with the resources available in the respective Federal Finance Law for that of the / by the Federal Minister for labour, Social Affairs and consumer protection be promoted if the conditions laid down in articles 8, 10, 11 and 12 are met and the voluntary social year by a vehicle approved according to § 8 is performed. Subsidies may be granted at the request of the carrier in the form of grants recognised according to § 8, there is no claim on it.

Section 3

Voluntary environmental protection year

Subject

section 22. This section governs civil aspects of the voluntary of environmental protection year and whose other framework conditions, insofar as this falls within the legislative and enforcement competence of the Federal Government, in particular for the purposes of the social security and family allowance.

Voluntary environmental protection year

section 23. The voluntary environmental protection year belongs to the particular forms of volunteering, is in the interest of the common good, and may not be completed within the framework of an employment relationship. Objectives of the voluntary of environmental protection year are in particular the improvement of school students, getting to know the work in the area, personality development, extension and application of knowledge to the acquisition of skills for occupational fields in the environment -, nature - and climate protection, the vocational guidance, strengthening the competences in the environmental nature and climate change and promoting the commitment for environmental protection of the participants.

Applicable regulations

§ 24. The regulations of referred to in section 2 shall apply mutatis mutandis for the voluntary environmental protection year with the following exceptions:



1. the recognition as a carrier of the voluntary of environmental year and, if necessary, the withdrawal of recognition is carried out by decision of the / the Federal Minister/Minister of agriculture, forestry, environment and water management. They has the agreement with the Federal Minister of economy before issuing of assessments, to establish family and youth. The winners of the voluntary of environmental protection year have Federal Minister/Minister for agriculture and forestry the to inform environmental and water management of every change of the conditions of recognition.

2. the Federal Minister/Minister of agriculture, forestry, environment and water management has to publish a directory of the institution recognised for the implementation of the voluntary of environmental protection year in the Internet for information for any prospective students.

3. suitable locations are public and not-for-profit institutions in the following areas: General environmental protection, environmental education, nature and wildlife conservation, ecological agriculture with general interest objectives such as cultural and landscape protection and conservation of biodiversity, animal welfare, sustainable development and awareness-raising in development cooperation.

4. the reports referred to in section 11 subsection 2 go also to the Federal Minister/Minister of agriculture, forestry, environment and water management.

5. for the purposes of the evaluation of the voluntary of environmental year and review the recognition requirements of carriers, the main Association of Austrian social insurance institutions is obliged to announce the data referred to in section 11 subsection 3 upon request also the / the Federal Minister/Minister of agriculture, forestry, environment and water management.

6. a voluntary year of environmental protection can in accordance with the resources available in the respective Federal Finance Law for that of the / by the Federal Minister for agriculture and forestry, environment and water management be promoted if the conditions are met under this section and the voluntary environmental protection year is conducted by a recognized institution. Subsidies may be granted at the request of the conjunction with according to § 8 section 24 recognized institution in the form of grants, there is no claim on it.

Section 4

Memorial Service, peace and social service abroad

Subject


§ 25. This section governs civil aspects of Holocaust Memorial Service as well as the peace and social service in foreign countries, which do not fall under article 12 1986 b paragraphs 1 and 3 of the Civil Service Act, and which other aspects, as far as this falls within the legislative and enforcement competence of the Federal Government, in particular for the purposes of the social security and family allowance.

Memorial Service, peace and social service abroad

section 26. The memorial service, as well as the peace and social service among the special forms of volunteering, are in the interest of the common good and can not be done in the framework of an employment relationship. Objectives are improvement of educational qualifications, learning about the work in the area, personality development, extension and application of knowledge to the acquisition of skills for social professions, career guidance, strengthening social skills and the promotion of the social engagement of the participants. Special target of the Holocaust Memorial Service is the promotion of remembrance for the victims of national socialism and the related awareness and educational work. Specific objectives of peace and social service abroad are contributions to securing peace in connection with armed conflicts or to the economic and social development of a country.

Applicable regulations

§ 27. The regulations of referred to in section 2 shall apply, mutatis mutandis, with the following exceptions:



1. the memorial service will take place in locations in the country and abroad;

2. the peace and social services will take place only in locations abroad;

3. suitable locations of the memorial service are of the respective Governor / the respective Governor pursuant to section 4 of the Civil Service Act 1986, Federal Law Gazette No. 679/1986, recognised by domestic memorials for victims of national socialism and of the / by the Federal Minister of the Interior in accordance with § 12 b paragraph 4 and 5 of the Civil Service Act 1986, BGBl. No. 679/1986, approved facilities commemorating the victims of national socialism abroad from the following areas : Education and outreach, scientific processing, work with surviving victims, working with victims associations and its successor agencies, elder care and youth work;

4. appropriate usage of the peace and social service abroad are by the / 1986 recognised institutions towards achieving or peace in connection with armed conflicts (peace service) or the economic and social development of a country (social services) from one of the following areas by the Federal Minister of the Interior in accordance with § 12 b paragraph 4 and 5 of the Civil Service Act: education and outreach, scientific processing and background analysis , Child and youth care, social and disability assistance, care for people affected by violence, care for refugees and displaced persons, care of homeless, care of elderly people, hospitals, assistance in the establishment or restoration of infrastructure, assisting in the social work with affected populations, assisting in teaching in schools and training workshops and adult education;

5. If the place of use abroad, is the carrier in addition to the obligations according to § 8 para 4 committed, a) the educational assistance and accompaniment in the minimum of 150 hours to make that at least 68 hours at the start and 16 hours to end the service coherently in Austria will take place;

b) with the on-site compliance with §§ 7 last sentence, 13, 16 and 18 to agree. The carrier is obligated to immediately terminate the service if he knows or must know that these provisions not; maintained by area despite prompt

c), if necessary, to complete a supplementary health insurance for the participant;

(d) in damage cases, carried out in the context of a foreign mission Convention where the personal property of the participants, to indemnify the contestant.

Section 5

Austrian volunteer Council

Setup

Section 28 (1) at the Federal Ministry of labour, Social Affairs and consumer protection is to set up an Austrian volunteer Council.

(2) the term of Office is five years in each case.

Objectives

section 29. The Austrian Council of volunteers has the goal of voluntary activities of civil society in its diversity as a fundamental pillar of the community to recognize and enhance. Furthermore it is used in performance of his duties according to § 30 to do so, to improve the framework conditions for voluntary activities.

Tasks

section 30. The Austrian Council of volunteers is responsible for as institutionalized forum for dialogue between civil society and State:



1. consultation of / the Federal Minister / in for labour, Social Affairs and consumer protection in matters of voluntary policy, 2.

Promotion of networking, cooperation and the use of synergies within the civil society/voluntary organisations,



3. reimbursement of proposals and recommendations for the implementation and development of the voluntary policy, 4. participation in the design and focus of the volunteers report periodically to create.

Members

§ 31. The Austrian Council of volunteers belong to:



1 / the Federal Minister for labour, Social Affairs and consumer protection, as Chairperson and a representative of all federal ministries;



2. three representatives of the Federal States, each a representation of cities and municipalities, the representatives of the employer, the worker, the farmer, the social economy, the seniors/seniors, youth and the voluntary speakers of the political parties represented in the National Council.

3. representatives from all key areas of volunteering, to nominate in the following areas: welfare-free. non-profit and social services; Families; Women; Education; Working with children and young people; Culture; Environment, nature and animal welfare; Sports; Rescue and disaster services; Self help; Disability work; Migration, volunteer centres. The proposals for these nominations are to bring those organisations, which are representative for composition and number of members for each area. Organizations that are set up as associations or - without being such - have nationwide importance are representative. The number of the representatives from these areas is with the total number after no. 1 and no. 2 to ordering representatives limited.



For each Member, order a replacement member. The activity in the volunteer Board is free of charge.

Order

The members and alternate members are 32. (1) for a lifespan of five years by the Federal Minister of labour, Social Affairs and consumer protection to order.

(2) no later than four months before the end of the current mandate are by the by the Federal Minister for labour, Social Affairs and consumer protection



1.



all federal ministries,





2.



the countries of the Liaison Office of the Federal States,





3.



the towns and municipalities, stakeholder groups, as well as the political parties represented in the National Council and



4. Article 31 Z 3 proposal legitimate organizations mentioned on their respective proposal right carefully to make.

(3) not sufficient order proposals be reimbursed two months after the information referred to in paragraph 2, the number of members of the Austrian Council of volunteers to the number of members proposed to the occupation is reduced on the duration of non-exercise of the right of proposal.

(4) a member (substitute member) of the Austrian volunteers Council before the end of the term of Office of the Austrian Council of voluntary retires, the Office at the Federal Ministry for labour, Social Affairs and consumer protection two months after the departure of the concerned proposal justified / legitimate proposal site is which to inform and to propose a new Member (substitute member) for the remaining term of Office at the same time.

(5) the Federal Minister for labour, Social Affairs and consumer protection has to impeach a member (substitute member) of its function if



1.



It requests it,





2.



that place, the Member (substitute member) was ordered on their proposal, requested the removal,





3.



the Member (substitute member) the neglect of his duties makes guilty.



Convening of meetings

The Austrian volunteers Council meetings be convened § 33 (1) of the Presidency as required, but at least once in the year. The Austrian Council of volunteers is also then to convene, if at least one third of the members requests with written notification of the agenda item.

(2) the meetings shall not be public.

(3) the Chair is entitled to call in experts in an advisory.

Quorum

34. (1) the Austrian volunteers Board is quorate if at least half of the members (substitute members) is present to properly has been inviting all members. The quorum is to determine at the beginning of the session by the Chair.


(2) the Austrian volunteers Council takes its decisions by a majority of the members present.

Management and regulation

Section 35 (1) in the conduct of business is the Austrian Council of volunteers by the Federal Ministry for labour, Social Affairs and consumer protection.

(2) further is the Austrian Council of volunteers in rules of procedure, approved by the Federal Minister for labour, Social Affairs and consumer protection provisions concerning the tasks of the Presidency, the conduct of business, the preparation and convening of sessions that meets approach during the talks and the setting up of working groups.

Section 6

Recognition funds for volunteering

Funds, beneficiary

Section 36 (1) to the special recognition and appreciation of voluntary commitment a fund is established. This Fund is called "Recognition Fund for voluntary commitment". Grants from the Fund may be granted to natural and legal persons who contribute to the development or effective implementation of innovative measures, special activities or initiatives for ensuring sustainable voluntary activities in Austria.

(2) beneficiaries of grants from the Fund can



1. Austrian citizen or people who have their permanent residence in the Federal territory, or 2. domestic legal entities to be.

(3) the Fund is exclusively charitable purposes and has its own legal personality. He has his headquarters and jurisdiction in Vienna.

Grants

37. (1) the donations are in accordance with the Fund's resources in the form of cash benefits according to the of / by the Federal Minister of labour, Social Affairs and consumer protection adopted guidelines after consulting the voluntary Council. These guidelines are to publish on the Internet.

(2) these guidelines have in particular detailed provisions on the conditions under which benefits may be granted, as well as their type and height to contain.

No legal claim exists § 38. (1) on the granting of subsidies.

(2) grants are allowed only on the basis of a proposal, a proposal of / the Federal Minister for labour, Social Affairs and consumer protection or of the Austrian Council of volunteers are granted and are always bind to the proof of the dedication intended. The use can be checked by the Fund. This connection has is to require of the Fund that the necessary information and the necessary documents are submitted.

§ 39. The Fund has himself prior to provision of grants to require out, that performance pay back is or has to be avoided their payout, if



1. it from the receiver / by the recipient of the donation of material circumstances incompletely or incorrectly informed;

2. the aided project not or not timely performed through the fault of the receiver / the recipient;

3. the donation dedication retardant used or not respected conditions due to fault of the receiver / the recipient;

4. from the receiver / checking the dedication intended will be foiled by the recipient of the grant.

Jurisdiction

40. application for granting of subsidies are under connection of the evidence for the existence of the conditions at the Federal Ministry of labour, to bring social and consumer protection.

Medium

section 41. The resources of the Fund are particularly upset by:



1. grants, donations, inheritances and legacies;

2. interest and miscellaneous income of the Fund assets.

§ 42. The Fund is tax law as a public law Corporation.

Management of the Fund

§ 43. The management and representation of the Fund is the Federal Minister for labour, Social Affairs and consumer protection.

Expenses borne

§ 44. Administrative expenses arising from the enforcement of the provisions of the Fund is from the Federal Ministry for labour, Social Affairs and consumer protection to carry.

Section 7

Final provisions

§ 45. As far as other federal laws are referenced in this Federal Act, these are amended to apply.

§ 46. This federal law shall enter into force 1 June 2012.

§ 47. Involved with the execution of this federal law:



1. with regard to section 2 of / the Federal Minister for labour, Social Affairs and consumer protection and/or the Federal Ministry of economy, family and youth;

2. in terms of §§ 4 para 1, 8 paragraphs 1, 5 and 7, and section 27 the Federal Minister for labour, Social Affairs and consumer protection in agreement with the / the Federal Minister of economy, family and youth;

3. with regard to article 20 the Federal Minister for Justice;

4. in terms of section 24 the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy, family and youth;

5. as regards the remaining provisions of section 3 (voluntary environmental protection year) the Federal Minister for agriculture and forestry, environment and water management in agreement with the the Federal Minister for labour, Social Affairs and consumer protection and the / the Federal Ministry of economy, family and youth;

6. in addition the Federal Minister for labour, Social Affairs and consumer protection.

Article 2

Change in the equalisation Act 1967

The equalisation Act 1967, BGBl. No. 376, as last amended by Federal Law Gazette I no. 76/2011, is amended as follows:

1. in article 2, paragraph 1, the point is replaced by a comma at the end and it is following lit. l added:



"(l) (for adult children, still not have reached age the 24 and taking part in the aa) voluntary social year under section 2 of the voluntary act, Federal Law Gazette I no. 17/2012, bb) voluntary environmental protection year under section 3 of the voluntary act, Federal Law Gazette I no. 17/2012, cc) memorial service, peace and social services abroad pursuant to section 4 of the volunteer Act, Federal Law Gazette I no. 17/2012, dd) European voluntary service according to the decision No. 1719/2006/EC of the European Parliament and of the Council of 15 November 2006 on" the introduction of the program "Youth in action" in the period 2007-2013."

2. in article 6, paragraph 2 the point at the end is replaced by a comma and it will following lit. k added:



"(k) (the 24 who are under age and participate in the aa) voluntary social year under section 2 of the voluntary act, Federal Law Gazette I no. 17/2012, bb) voluntary environmental protection year under section 3 of the voluntary act, Federal Law Gazette I no. 17/2012, cc) memorial service, peace and social services abroad pursuant to section 4 of the volunteer Act, Federal Law Gazette I no. 17/2012, dd) European voluntary service according to the decision No 1719/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the" youth " in action"in the period 2007-2013.

3. in § 39 para 2, the point is replaced by a semicolon at the end and it is following lit. f added:



"(f) the Federal Minister for labour, Social Affairs and consumer protection has a lump sum of EUR 600 000 for the amount of family benefits pursuant to section 2 para 1 until 31 December 2013 lit. l and 6 para 2 lit. k to the compensation fund for family allowances to be transferred."

19 the following paragraph is added to article 4. 55:



"(19) (for the entry into force of the Federal Act Federal Law Gazette I no. 17/2012, inserted provisions the following shall apply together with additional requirements: a) articles 2, paragraph 1, lit." l and 6 para 2 lit. k contact force b, June 1, 2012) § 2 para 1 lit. k is to apply until 31 December 2020, subject to the proviso that for children, for the family allowance according to § 2 para 1 lit. l has been granted, a claim according to § 2 para 1 lit. k is excluded, c) § 6 par. 2 lit. j is to apply until 31 December 2020, subject to the proviso that for orphans, for the family allowance pursuant to section 6 para 1 lit. k has been granted, a claim according to § 6 par. 2 lit. j is excluded, d) § 39 para 2 lit. f this federal law following day with the by-laws enter into force."

Article 3

Change of the General Social Security Act

The General Social Security Act, Federal Law Gazette No. 189/1955, amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1 § 4 par. 1 Z 11 is:



"11. the participants of the voluntary of social year, of voluntary environmental protection year, memorial service or the peace and social service from abroad after the voluntary act, Federal Law Gazette I no. 17/2012;"

2. in the section 4, paragraph 2 the point replaced 2 by the word "or" at the end of the Z; following no. 3 shall beadded:



"3. recipients of cash or in-kind contributions to the voluntary act."

3. in article 10 paragraph 5 first sentence is replaced by the expression "Z 11 and 12" the expression "Z 12".

4. § 14 para 1 No. 9 is:



"9 where according to § 4 par. 1 Z 10 or 11 as participants in a fitness training or as participants of the voluntary of social year, of the voluntary of environmental protection year, Holocaust Memorial Service or the peace and social service insured abroad;"

5. § 35 par. 2, first sentence, is the expression "be trained in," the expression "the according to § 4 paragraph 1 Z 11 obligatory the respective carriers according to the voluntary act" inserted.

6. in article 44 paragraph 1, 8a is inserted after the Z 8 following Z:



'8a.

"the according to § 4 paragraph 1 Z 11 obligatory people the amount according to § 5 para 2 No. 2;"

7. in the § 51 para 4 is the word 'and' replaced by a comma; After the bracket expression "(§ 4 Abs. 1 Z 9) ' is the expression" as well as for participants of the voluntary of social year, of the voluntary of environmental protection year, Holocaust Memorial Service and the peace and social service abroad (article 4, paragraph 1 Z 11) "and the expression"are trained,"is added after the expression"or by the respective carriers according to the voluntary act".

8 § 138 para 2 lit. e is:



"(e) which according to § 4 par. 1 Z 11 obligatory people;"

9. in section 162 para 5 No. 1 the expression is "pursuant to § 138 para 2 lit. a to d"by the expression"according to § 138 para 2 lit. a to e"replaced.

10 in the article 252, paragraph 2, the term "3." receives the Z 2.

11. in paragraph 252 par. 2, 2 is inserted before the Z 3 following Z:



"is 2. as a participant of the voluntary of social year, of the voluntary of environmental protection year, Holocaust Memorial Service or the peace and social service in foreign countries at the most until the age of 27 years;"

12. in the section 292, subsection 4, the point is at the end of the lit. p replaced with a semi-colon; following lit. r is attached:



"(r) pocket money according to § 8 para 4 Z 5 of the voluntary act."

13. According to § 663 664 the following section including headline is added:

"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 17/2012"

§ 664. The §§ 4 para 1 Z 11 and para. 2 Z 2 and 3, 10 para of 5, 14 para 1 Z 9, 35 para of 2, 44 par. 1 Z 8a, 51 paragraph 4, 138 para 2 lit. e, 162 para 5 No. 1, 252 par. of 2 and 292 paragraph 4 lit. "p and r in the version of Federal Law Gazette I no. 17 / 2012 come into force June 1, 2012."

Article 4

Amendment of the commercial law on social insurance

The commercial Social Security Act, Federal Law Gazette No. 560/1978, amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1. in the section 128, paragraph 2, the term "3." receives the Z 2.

2. in the section 128, paragraph 2, 2 is inserted before the Z 3 following Z:



"2. when participant of the voluntary of social year, of voluntary environmental protection year, memorial service or the peace and social service from abroad after the voluntary act, Federal Law Gazette I no. 17/2012, operates, at the latest until the age of 27 years;"

3. in the section 149 (4), the point is at the end of the lit. p replaced with a semi-colon; following lit. r is attached:



"(r) pocket money according to § 8 para 4 Z 5 of the voluntary act."

4. According to § 342, 343 the following section including headline is attached:

"Final provision to article 4 of the Federal Act Federal Law Gazette I no. 17/2012"

§ 343. Paragraphs 128 paragraph 2 as well as 149 paragraph 4 lit. p and r in the version of Federal Law Gazette I 17/2012 apply no. 1 June 2012."

Article 5

Change of the farmers social insurance law

The peasants Social Security Act, Federal Law Gazette No. 559/1978, amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1. in the section 119, subsection 2, the designation "3." receives the Z 2.

2. in the section 119, subsection 2, 2 is inserted before the Z 3 following Z:



"2. when participant of the voluntary of social year, of voluntary environmental protection year, memorial service or the peace and social service from abroad after the voluntary act, Federal Law Gazette I no. 17/2012, operates, at the latest until the age of 27 years;"

3. in the article 140, par. 4, the point is at the end of the lit. p replaced with a semi-colon; following lit. r is attached:



"(r) pocket money according to § 8 para 4 Z 5 of the voluntary act."

4. According to § 332, 333 the following section including headline is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 17/2012"

§ 333. Paragraphs 119 paragraph 2 as well as 149 paragraph 4 lit. p and r in the version of Federal Law Gazette I 17/2012 apply no. 1 June 2012."

Article 6

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609, as last amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1. in article 1, paragraph 2, the point is at the end of the lit. (e) a semicolon replaces and following lit. f added:



"(f) participants and participants on the voluntary social year, the voluntary year of environmental protection, at the memorial service or the peace and social services from abroad after the voluntary act, Federal Law Gazette I no. 17 / 2012, with regard to this pursuant to § 4 paragraph 1 Z 11 ASVG insured activity."

2. paragraph 7 subsection 5:

"(5) the requirements of paragraph 3 are Z 1



1. during the participation of the voluntary social year, the voluntary environmental protection year, at the memorial service and the peace and social service abroad under the voluntary act not before;

2. during the cover of childcare allowance only then before, if the child is looked after by another appropriate person or in an appropriate facility.

3. in § 15 para 1, the point is replaced at the end of the Z 10 by a semi-colon and following Z 11 added:



"11 on the voluntary social year, the voluntary year of environmental protection, at the memorial service or the peace and work abroad after the participating volunteer law and in accordance with article 4, paragraph 1, Z is assured 11 ASVG."

The following paragraph shall be added 10 x 4. Article 79:

"(10x) § 1 para 2, § 7 para 5 and § 15 para 1 as amended by Federal Law Gazette I no. 17/2012 effective with June 1, 2012."

Article 7

Amendment of the fees Act 1957

"The fees Act 1957, BGBl. No. 267/1957, as last amended by Federal Law Gazette I no. 76/2011, is amended as follows:"

1 in § 14 tariff post 6 paragraph 5 is the point at the end of the Z 27 with a semicolon replaced and added following Z 28:



"28 inputs to issuing criminal record certificates for volunteering in the framework of voluntary organisations in accordance with article 3, paragraph 1 voluntary act."

2. section 37 is added the following paragraph 30:

"(30) § 14 tariff post to apply paragraph 28 in the version of Federal Law Gazette I 17/2012 emerges No. 1 June 2012 in force and 6 para 5 to all facts, where blaming fees after May 31, 2012, would create."

Fischer

Faymann