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...

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17. federal law, which enacted a federal law on the promotion of voluntary work (voluntary law-FreiwG), as well as the family law-compensation law, the General Social Insurance Act, the Industrial Social Security Act, the farmer-social security law, the unemployment insurance law and the fee law will be changed

The National Council has decided:

table of contents

Art. Subject matter

1

Federal Law on the Promotion of Voluntary Commitment

2

Amendment of the Family Law Compensatory Act

3

Amendment of the General Social Insurance Act

4

Amendment of the Industrial Social Insurance Act

5

Amendment of the Farmers-Social Security Act

6

Amendment of the Unemployment Insurance Act

7

Amendment of the Fees Act

Article 1

Federal Law on the Promotion of Voluntary Commitment (Voluntary Act-FreiwG)

table of contents

Section 1
General provisions

§ 1.

Objectives

§ 2.

Promotion of voluntary commitment

§ 3.

Voluntary organisations

§ 4.

Voluntary report and internet portal

Section 2
Voluntary Social Year

§ 5.

Subject-matter

§ 6.

Voluntary Social Year

§ 7.

Participants

§ 8.

Carrier

§ 9.

Operational Unit

§ 10.

§ 11.

§ 12.

§ 13.

§ 14.

§ 15.

§ 16.

§ 17.

§ 18.

§ 19.

§ 20.

§ 21.

Information requirements

Quality assurance

Agreement Certificate

Exemption

Time constraints

Maternity protection

Limitation of Liability

Monitoring and penal provisions

Equal treatment

Use of personal data

Responsibility of the Labour and Social Courts

Promotion

Section 3
Voluntary environmental year

§ 22.

§ 23.

§ 24.

Subject-matter

Voluntary environmental year

Rules to be applied

Section 4
Memorial service, peace and social service abroad

§ 25.

§ 26.

§ 27.

Subject-matter

Memorial service, peace and social service abroad

Rules to be applied

Section 5
Austrian Volunteer Council

§ 28.

§ 29.

§ 30.

§ 31.

§ 32.

§ 33.

§ 34.

§ 35.

Setup

Target

Tasks

Members

Order

Convening of sittings

Quorum

Management and management

Section 6
Recognition Fund for Freiwilliges Engagement

§ 36.

§ § 37. up to 39.

§ 40.

§ § 41. and 42.

§ 43.

§ 44.

Funds, beneficiaries

Benefits

Responsibility

Medium

Management of the Fund

Cost entrap

Section 7
Final provisions

§ § 45. up to 47.

Section 1

General provisions

Objectives

§ 1. (1) This federal law regulates the framework conditions for formal voluntary activities in the interest of the general public with the aim of supporting such activities and promoting participation. The aim is to strengthen cohesion between social groups, generations and cultures, as well as social and social responsibility.

(2) In order to achieve these objectives, this federal law provides:

1.

Support for volunteer organisations, a volunteer passport and a periodic volunteer report (Section 1),

2.

the establishment of a voluntary social year, a voluntary environmental year, a memorial service, a peace and social service abroad, and the legal protection of participants (Sections 2, 3 and 4),

3.

the establishment of an Austrian Voluntary Council (Section 5);

4.

the establishment of a Voluntary Commitment Recognition Fund (Section 6).

Promotion of voluntary commitment

§ 2. (1) According to this federal law and the funds available in the respective Federal Finance Act (Bundesfinanzgesetz), the Federal Minister for Labour, Social Affairs and Consumer Protection, or the Federal Minister for Consumer Protection, respectively, can be The Federal Minister for Economic Affairs, Family and Youth, without prejudice to the responsibility of other Federal Ministers, to voluntary organisations within the meaning of § 3 for voluntary engagement, to voluntary projects and to awareness-raising measures.

(2) Voluntary commitment shall be granted when natural persons

1.

voluntary service for others,

2.

within an organizational framework,

3.

free,

4.

with the purpose of promoting the general public or primarily social motives, and

5.

without this being done in the labour market, on the basis of an employment relationship or in the context of vocational training,

. Voluntary activities also include personal and technical education and training, which are necessary for the voluntary organisation and implementation of voluntary work. Furthermore, participation in the European Voluntary Service within the framework of Decision No 1719 /2006/EC also applies as a voluntary commitment.

(3) Funding may be granted on application in the form of grants. There is no entitlement to support.

Voluntary organisations

§ 3. (1) Voluntary organisations within the meaning of this section are non-profit-making legal persons, public or private, whose activities are carried out to a large extent by persons under the voluntary commitment referred to in Article 2 (2), which are not on profit and whose head office is located in the country.

(2) As voluntary organisations within the meaning of this section, non-political parties shall be deemed to be non-political parties within the meaning of the party law, BGBl. No 404/1975.

(3) Volunteer organisations can only be encouraged in accordance with § 2 if they are demonstrably informed of the framework conditions for voluntary activities by their volunteers, in particular by: Contact person, initial and further training, participation, proof of activity, compensation for the costs and insurance.

(4) Volunteer organisations can only be funded in accordance with § 2 if they provide the volunteers with the skills and qualifications acquired through voluntary commitment at their request within six months of the end of the voluntary commitment. (proof of volunteering/volunteer passport). The activity of the activity is proof of the duration and type of activity and the competences acquired in this process.

Voluntary report and internet portal

§ 4. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection shall, with the participation of the Austrian Volunteer Council and in agreement with the Federal Minister for Economic Affairs, Family and Youth, establish at periodic intervals a Report on the situation and development of voluntary commitments in Austria.

(2) As a central information and networking medium above and for the voluntary commitment in Austria, an Internet portal is to be set up at the Federal Ministry of Labour, Social Affairs and Consumer Protection.

Section 2

Voluntary Social Year

Subject-matter

§ 5. This section regulates the civil law aspects of the voluntary social year and its other framework conditions, insofar as this falls within the legislative and full education competence of the Federal Government, in particular for the purposes of social security and the Family allowance.

Voluntary Social Year

§ 6. The voluntary social year is one of the special forms of voluntary commitment, is in the interest of the common good and cannot be completed within the framework of an employment relationship. The objectives of the Voluntary Social Year are in particular the deepening of school education, getting to know the work at the site, the development of personality, the expansion and application of knowledge to acquire skills. for social professional fields, career orientation, the strengthening of social skills and the promotion of the voluntary social commitment of the participants.

Participants

§ 7. The participants of the voluntary social year are persons without relevant completed vocational training after the completion of the 17. Year of age-with particular aptitude after completion of the 16. Year of life-the one-time voluntary practical assistance in the period of six to twelve months in the case of an employment agency assigned by a recognised institution (§ 8) in Germany pursuant to § 9 for the achievement of the objectives set out in § 6 (training ratio). The application has to be oriented towards learning objectives and is carried out with the help of pedagogical support and professional guidance, supervision and responsibility of the respective application. The participant may not be active for more than 34 hours per week.

Carrier

§ 8. (1) Non-profit institutions of the free administration of welfare or other non-profit, non-profit-oriented legal persons private law with registered office in Germany are on request with a communication from the Federal Minister for Labour (Federal Minister for Labour), To recognise social and consumer protection as the institution of the voluntary social year; recognition may take place on a fixed-term basis or on an unlimited basis. The conditions for recognition as a carrier are:

1.

the technical and economic conditions for the organisation of the voluntary social year, in particular:

a)

sufficient financial resources for the implementation of the voluntary social year,

b)

the existence of a programme of pedagogical support and support for the participants to the extent of at least 150 hours in accordance with § 8 (4) (2) (2),

c)

the existence of a quality assurance concept;

d)

a sufficient number of suitably qualified personnel for the support of the participants (in particular a specific contact person) as well as for the information and selection of the interested parties,

e)

Experience in volunteer management.

2.

the presence of at least 15 eligible volunteers for the purposes of the volunteer social year, and independent service centres with a cross-regional dispersion in at least three different fields of application in accordance with Article 9 (1), In particular, the condition of Section 9 (2) (neutrality of the labour market) is also fulfilled.

(2) The application referred to in paragraph 1 shall be annexed:

1.

draft the agreement with the legal entities of the deployment agencies;

2.

Draft of the agreement with the participant in the volunteer social year,

3.

Evidence of the recognition requirements laid down in paragraph 1 above, in particular also an education, financial and quality assurance concept and the naming of at least 15 planned deployment sites with over-regional dispersion and in at least three different Areas of application in accordance with § 9 (1),

4.

Proof of independence in accordance with § 9 (1) last sentence, in particular by proof of the legal form of the carrier or of the planned deployment sites.

(3) The institutions of the Voluntary Social Year shall immediately inform the Federal Minister for Labour, Social Affairs and Consumer Protection of any change in the conditions of recognition as referred to in paragraph 1 or the amendments to the evidence referred to in paragraph 2 above. information.

(4) The promoters of the voluntary social year shall meet the following obligations:

1.

the advising and information of the participants and interested parties (§ 10),

2.

ensuring the professional guidance of the participants in the field of application and of pedagogical support and support by pedagogically trained personnel to the extent of at least 150 hours in the areas of reflection, personality formation and subject-specific seminars, including theoretical training,

3.

the safeguarding of social security insurance and the payment of contributions,

4.

respect for labour market neutrality in the use of participants, in particular through the selection of applications which fulfil the condition of § 9 para. 2

5.

do not provide participants in the volunteer social year to an application which has employed persons in the context of an employment relationship contrary to the provision of the § 6 participant in the voluntary social year,

6.

the payment of a pocket money of at least 50% and a maximum of 100% of the monthly amount pursuant to § 5 para. 2 Z 2 of the General Social Security Act, BGBl. No. 189/1955, to the participants,

7.

the conclusion of an agreement and the issuing of a certificate in accordance with § 12,

8.

the representation of the interests of the participant in the voluntary social year in relation to the site of application; and

9.

the implementation of quality assurance (§ 11).

(5) The recognition as a suitable institution in accordance with paragraph 1 shall be revoked by the Federal Minister for Labour, Social Affairs and Consumer Protection if:

1.

the institution of the volunteer social year,

2.

the institution no longer complies with the conditions laid down in paragraph 1,

3.

the institution no longer fulfils the obligations laid down in paragraph 4 of this Article, in spite of a reminder, or

4.

for one year of use for at least two different applications, the employment of at least three of the participants mediated by the respective institution/participant as employees by final judgment or by res judiciate Comparison detected.

(6) The German Federal Minister for Labour, Social Affairs and Consumer Protection (Federal Minister for Labour, Social Affairs and Consumer Protection) shall be responsible for enacting the decision of the Federal Minister for Economic Affairs, Family and Youth in accordance with paragraphs 1 and 5 of this article.

(7) The Federal Minister for Labour, Social Affairs and Consumer Protection has to publish a list of the institutions recognised for the implementation of the voluntary social year on the Internet for information for prospective interested parties.

Operational Unit

§ 9. (1) A suitable site is a general-benefit and non-profit-making body in one of the following areas: social and disability assistance, care for old people, care for drug addicts, care for violence affected people, care for refugees and displaced persons, care for the homeless, child care, work with children, young people and senior citizens. A carrier must not be used at the same time.

(2) The day-to-day operation at the point of use or in the case of locally disloted establishments, it is also necessary to maintain the full extent of the voluntary social year (labour market neutrality) without participants in the voluntary social year. This means, in particular, that the participants in the voluntary social year will not be allowed to reduce the number of workers at the point of use.

(3) In order to carry out the voluntary social year, the recognised institution and the legal entity of the operational authority shall conclude a written agreement. The agreement sets out the ways in which institutions and operational agencies jointly pursue the objectives of the voluntary social year (in particular social competence and career orientation of the participants in the voluntary social year).

Information requirements

§ 10. The institutions recognized in accordance with § 8 have demonstrably informed the participants of the framework conditions of the voluntary social year, in particular on the legal provisions applicable to the participants, social law Insurance and family allowances, fields of activity, contact person and professional guidance in the office of application, pedagogical support and support, essential contents of the agreement according to § 12, proof of activity/certificate, as well as pocket money or Any allowance for compensation.

Quality assurance

§ 11. (1) The institutions recognized in accordance with § 8 are obligated to regularly evaluate, in particular, the technical guidance and pedagogical support and support by pedagogically trained forces in the fields of reflection, personality formation and to carry out specialist seminars and practical applications.

(2) The institutions recognized in accordance with § 8 shall have the Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister for Economic Affairs, Family and Youth every three years-or, if appropriate, in addition to the explicit Request-written reports on the implementation and evaluation of the voluntary social year, including the number of workers employed in the operational posts as a whole.

(3) For the purposes of the evaluation of the voluntary social year and the examination of the conditions for recognition of the institutions, the Austrian Social Security Union (Hauptverband der Austrian Sozialversicherbearer) is obliged, to the Federal Ministry of Labour, Social Affairs and consumer protection and the Federal Ministry of Economy, Family and Youth on request, but at least once a year, the number, age, gender and duration of the participation of the participants in the voluntary social year and their application in the Federal state, divided by carriers, as well as the total number of the workers employed in the respective application site.

Agreement Certificate

§ 12. (1) The institution recognised in accordance with § 8 and the participant (s) in the voluntary social year shall conclude a written agreement before the start of the operation. It must contain:

1.

Pre- and family-or Surname, date of birth and address of the participant,

2.

the name of the institution of the voluntary social year and of the point of application;

3.

the duration of the voluntary social year and arrangements in the event of an early termination of the operation, and the reimbursement of training costs must not be agreed;

4.

the mutual declaration that the provisions of this law must be complied with during the implementation of the voluntary social year,

5.

an indication of the institution's recognition certificate,

6.

information on the type and amount of any money or kind of benefits in kind for accommodation, meals, work clothes and pocket money,

7.

the indication of the extent of the exemption; and

8.

the objectives of the operation and the essential measures to achieve the objectives,

9.

the consent of the participant (s), that the data of the agreement

a)

to the service centres and their institutions for the purposes of the implementation of the voluntary social year,

b)

to the main association of the Austrian social insurance institutions for the purpose of verifying the conditions of recognition of the institutions and of the evaluation and

c)

to the social security institutions for the purposes of social security, and

d)

to tax authorities for the purposes of family allowances

shall be forwarded.

(2) The recognised institution shall issue a certificate, with the participation of the respective application, on the part of the participant or in the event of the completion of the operation. The certificate must include the indication of the institution's recognition certificate, the period and information on the skills and competences acquired in the course of the voluntary social year.

Exemption

§ 13. (1) The participant shall be entitled to an exemption for the voluntary social year in the amount of 25 days. For a shorter duration of the voluntary social year of less than 12 months, exemption should be paid to the extent corresponding to the duration of the reduced volunteer social year. If parts of days result in the calculation of the amount of exemption, they are to be rounded up to full days.

(2) An agreement between the participant (s) and the legal entity of the point of application shall be taken in time for the consumption of the exemption, whereby the interests of the site and the personal interests of the participant (s) shall be taken into account in the event of the agreement. is to be taken into consideration. If an agreement is not reached, the holder shall decide on the exemption with which the participant has concluded the agreement in accordance with § 12. During the exemption, the participant reserves the right to the pocket money due in accordance with § 12.

(3) For important personal reasons, the participant may, in addition to the extent cited in the first paragraph, be able to provide an appropriate exemption in the voluntary social year from the legal entity of the application in the form of the voluntary social year under the form of the payment of the Pocket money is granted.

Time constraints

§ 14. The legal entity of the application has participants who do not have the Children's and Youth Employment Act 1987, BGBl. No 599/1987, shall be subject to an uninterrupted leisure time of at least 36 hours in each calendar week.

Maternity protection

§ 15. § § 3 to 9 of the Maternity Protection Act 1979 (MSchG), BGBl. No. 221/1979, apply to participants in the voluntary social year with the proviso that compliance with this provision shall be the responsibility of the site of the application.

Limitation of Liability

§ 16. The provisions of the Service Liability Act, BGBl. No 80/1965, shall apply in the same way as between the institution of the voluntary social year and the participant (s) as well as between the institution of the site of application and the participant (s) acting in the said office.

Monitoring and penal provisions

§ 17. (1) The authorities appointed to exercise the protection of workers 'rights shall immediately report any violations of workers' protection rules to the respective institution of the Voluntary Social Year.

(2) The breach of the obligations imposed on the legal entities of the site of application in § 14 and § 15 constitutes an administrative surrender, which is carried out by the district administration authority.

1.

in the case of transgressions of § 14, with a fine of up to € 1 090;

2.

in the event of transgressing of § 15 according to the Criminal Provisions of the MSchG

is to be punished, provided that the act is not subject to a stricter penalty under other rules.

Equal treatment

§ 18. The I. and II. Part of the Equal Treatment Act, BGBl. I n ° 66/2004, as well as the provisions of the Act on the Protection of Persons with Disabilities, BGBl. No 22/1970, concerning the protection of discrimination, it is appropriate to apply the same.

Use of personal data

§ 19. (1) The institutions recognized in accordance with § 8 and the offices and their institutions may use personal data in accordance with paragraph 2 only if the use of the data is an essential condition for the exercise of a legally mandated data. The task is.

(2) The institutions recognized in accordance with § 8 are authorized to transmit the following data to the recipients referred to in paragraph 3, insofar as this is necessary for the performance of the tasks assigned to these recipients: name, date of birth, Social security number and address of the participant in the volunteer social year (master record), data of the certificate according to § 8 and the agreement according to § 12, duration of the volunteer social year and type of the from/from the participant to for the activities, designation and address of recognised institutions and offices and whose legal entities.

(3) The recipients of the data are:

1.

the operational posts in accordance with § 9 and its institutions for the enforcement of this section;

2.

the main association of the Austrian social insurance institutions for the purpose of verifying the conditions for recognition of the institutions and the evaluation in accordance with Article 11 (3) and the institutions of social security for the purposes of social security,

3.

the tax authorities for the enforcement of the 1967 Family Law Compensatory Act, BGBl. No 376/1967.

Responsibility of the Labour and Social Courts

§ 20. For disputes between participants in the voluntary social year and the recognised institution (§ 8) as well as between the participant (s) and the point of application (§ 9), the regional courts are the labour and social courts, and the working and social courts in Vienna. Vienna Social Court is responsible. The provisions of the Labour and Social Justice Act are to be applied in accordance with the applicable law, the participant shall be deemed to be an employee, the recognised institution and the employment agency as an employer.

Promotion

§ 21. A voluntary social year can be funded by the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the funds available for this purpose in the respective Federal Finance Act, if the conditions are fulfilled in accordance with § § 8, 10, 11 and 12 , and the voluntary social year shall be carried out by a carrier recognised in accordance with § 8. Grants may be granted in the form of grants at the request of the institution recognised in accordance with § 8, and there is no claim to this.

Section 3

Voluntary environmental year

Subject-matter

§ 22. This section regulates the civil law aspects of the Voluntary Environmental Year and its other framework conditions, insofar as this falls within the legislative and full education competence of the Federal Government, in particular for the purposes of Social Security and the family allowance.

Voluntary environmental year

§ 23. The Voluntary environmental year is one of the special forms of voluntary commitment, is in the interest of the common good and cannot be completed within the framework of an employment relationship. The objectives of the Voluntary Environmental Year are in particular the deepening of school education, getting to know the work at the site of application, the development of personality, the expansion and application of knowledge for the acquisition of Skills for occupational fields in environmental, natural and climate protection, career orientation, strengthening of competencies in the environment-natural and climate protection areas and the promotion of commitment to environmental protection of the participants.

Rules to be applied

§ 24. The provisions of Section 2 shall apply to the Voluntary Environmental Year in accordance with the following deviations:

1.

The recognition as a sponsor of the Voluntary Environmental Protection Year and, if necessary, the revocation of the recognition shall be made by the Federal Minister of Agriculture, Forestry, Environment and Water Management. This person has the agreement with the Federal Minister for Economic Affairs, Family and Youth to establish the agreement before the date of the decision to be issued. The sponsors of the Voluntary Environmental Year have to inform the Federal Minister for Agriculture, Forestry, Environment and Water Management of any change in the conditions of recognition.

2.

The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, for information purposes, a list of the carriers on the Internet that are recognised for the implementation of the voluntary environmental protection year. to be published.

3.

Suitable posts are common-oriented and non-profit institutions in one of the following areas: general environmental protection, environmental education, nature conservation and species conservation, organic farming with public welfare objectives such as culture- and landscape conservation and conservation of biodiversity, animal welfare, sustainable development and awareness-raising in development cooperation.

4.

The reports pursuant to Section 11 (2) also go to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

5.

For the purposes of the evaluation of the Voluntary Environmental Year and the examination of the conditions for recognition of the institutions, the Austrian Social Security Agency (Hauptverband der Austrian Sozialversicherbearer) is obliged to apply the data referred to in Article 11 (3) of this Regulation. Request also to the Federal Minister for Agriculture, Forestry, Environment and Water Management to announce.

6.

A voluntary environmental year can be funded by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with the funds available for this purpose in the respective Federal Finance Act, if the conditions for this section and the voluntary environmental year shall be carried out by a recognised carrier. Grants may be granted in the form of grants at the request of the institution recognised in accordance with § 8 iVm § 24, a claim is not made.

Section 4

Memorial service, peace and social service abroad

Subject-matter

§ 25. This section regulates civil aspects of the Memorial Service as well as of the Peace and Social Service abroad, which are not covered by Section 12b (1) and (3) of the Civil Service Act 1986, and the other framework conditions, as far as this is in the Federal legislative and full-education competence, in particular for the purposes of social security and family allowances.

Memorial service, peace and social service abroad

§ 26. The memorial service, as well as the Peace and Social Service, belong to the special forms of voluntary engagement, are in the interest of the common good and cannot be completed within the framework of an employment relationship. Objectives are the deepening of school education, getting to know the work at the site, the development of personality, the expansion and application of knowledge for the acquisition of skills for social professional fields, which are Professional orientation, the strengthening of social skills and the promotion of the social commitment of the participants. The special aim of the memorial service is to promote the commemoration of the victims of National Socialism and the associated awareness-raising and awareness-raising work. Special objectives of the Peace and Social Service abroad are contributions to securing peace in the context of armed conflicts or to the economic and social development of a country.

Rules to be applied

§ 27. The provisions of Section 2 shall apply mutagentily to the following deviations:

1.

The memorial service takes place at offices in Germany and abroad;

2.

The Peace and Social Service takes place exclusively at mission offices abroad;

3.

Appropriate offices of the memorial service are provided by the respective provincial governor of the country in accordance with § 4 of the Civil Service Act 1986, Federal Law Gazette (BGBl). No 679/1986, recognised domestic memorial sites for victims of National Socialism and the Federal Minister of the Interior pursuant to § 12b (4) and (5) of the Civil Service Act 1986, BGBl. N ° 679/1986, recognised institutions for the commemoration of the victims of National Socialism abroad in one of the following areas: education and educational work, scientific work-up, work with surviving victims, work with victims ' associations and their successor organizations, care for the elderly and youth work;

4.

Appropriate offices of the Peace and Social Service abroad are recognised by the Federal Minister for the Interior pursuant to § 12b (4) and (5) of the Civil Service Act 1986 for the achievement or safeguarding of peace in the context of with armed conflict (peace service) or the economic and social development of a country (social service) in one of the following areas: education and educational work, scientific work-up and background analyses, children- and youth care, social assistance and disability assistance, care of Violence-affected people, care of refugees and displaced persons, care for the homeless, care of elderly people, hospitals, assistance with the establishment or Restoration of infrastructure, assistance in social work with the population groups concerned, assistance with teaching in schools and training workshops and in adult education;

5.

if the place of application is abroad, the institution shall be obliged to fulfil the obligations laid down in § 8 (4),

a)

to make the minimum of 150 hours of pedagogical supervision and monitoring in such a way that at least 68 hours at the start of the service and 16 hours at the end of the service in Austria;

b)

agree with the application for compliance with § § 7, last sentence, 13, 16 and 18. The institution shall be obliged to terminate the service without delay if he or she is aware or need to know that these provisions are not complied with by the service in spite of a request;

c)

if necessary, an additional health insurance for the participant (s);

d)

In the event of damage, the participants are to be held harmless by the participants in the course of a foreign assignment in accordance with the personal property of the participants used in accordance with the agreement.

Section 5

Austrian Volunteer Council

Setup

§ 28. (1) The Austrian Federal Ministry of Labour, Social Affairs and Consumer Protection is to set up an Austrian Voluntary Council.

(2) The operating period shall be five years each.

Objectives

§ 29. The aim of the Austrian Voluntary Council is to recognise and enhance voluntary activities of civil society in its diversity as a central pillar of the community. In fulfilment of its tasks in accordance with § 30, it also serves to improve the framework conditions for volunteering.

Tasks

§ 30. As an institutionalised dialogue forum between civil society and the state, the Austrian Volunteer Council has the following tasks:

1.

Advice to the Federal Minister for Labour, Social Affairs and Consumer Protection on Voluntary Policy ,

2.

promoting networking, cooperation and the use of synergies within civil society/volunteer organisations;

3.

Reimbursement of proposals and recommendations for the implementation and development of voluntary policy ,

4.

Participation in the conception and focus of the periodic volunteer report .

Members

§ 31. The Austrian Voluntary Council is part of:

1.

The Federal Minister for Labour, Social Affairs and Consumer Protection as Chairperson and one representative of all Federal Ministries;

2.

three representations of the federal states, one representation of the city and community debtors, the representations of interests of the employers, the employees, the farmer, the general economy, the senior citizens, the young people and the Voluntary representatives of the political parties represented in the National Council;

3.

Representatives from all essential areas of volunteering to be nominated from the following areas: free welfare; non-profit and social services; families; women; education; work with children and young people; culture; Environment, nature and animal welfare; Sport; rescue and disaster services; self-help; disability work; migration, volunteer centres. The proposals for these nominations shall be submitted by those organisations which are representative of the composition and number of members in the respective area. Representative organisations are those which are either set up as umbrella organisations or-without being too-have Austria-wide meaning. The number of representatives from these areas is limited with the total number of representatives to be ordered according to Z 1 and Z 2.

A substitute member shall be appointed for each member. The activities of the volunteer council are free of charge.

Order

§ 32. (1) The members and substitute members shall be ordered for a functional period of five years by the Federal Minister for Labour, Social Affairs and Consumer Protection.

(2) Not later than four months before the end of the current term of office, the Federal Minister for Labour, Social Affairs and Consumer Protection shall be responsible for the protection of the

1.

all federal ministries,

2.

the countries through the liaison office of the federal states,

3.

the municipal and community debits, the advocacy groups, as well as the political parties represented in the National Council; and

4.

d § 31 Z 3 referred to the eligible organisations

to draw attention to their respective right of proposal.

(3) If, within two months of the information provided for in paragraph 2, insufficient order proposals are reimbursed, the number of members of the Austrian Voluntary Council shall be reduced to the duration of the non-exercise of the right of proposal. the number of members not proposed for occupation.

(4) If a member (substitute member) of the Austrian Voluntary Council is from the Austrian Volunteer Council before the end of the term of office, the office of the Federal Ministry of Labour, Social Affairs and Consumer Protection within two months of the date of departure of the person entitled to the proposal concerned/the authorized body, and at the same time to propose a new member (substitute member) for the remaining period of the operation.

(5) The Federal Minister for Labour, Social Affairs and Consumer Protection has to contain a member (substitute member) of his/her function, if:

1.

it so requests,

2.

where the member (substitute member) has been appointed for the proposal, the revelation is requested,

3.

the member (substitute member) is guilty of neglecting his duties.

Convening of sittings

§ 33. (1) The meetings of the Austrian Voluntary Council shall be convened by the Presidency as necessary, at least once a year. The Austrian Voluntary Council is to be convened even if at least one third of the members so request in writing of the subject of the negotiations.

(2) Meetings shall not be public.

(3) The Presidency shall be entitled to consult experts with a consultative vote.

Quorum

§ 34. (1) The Austrian Voluntary Council shall be eligible for a quorum if at least half of the members (substitute members) are present after the duly successful invitation of all members. The quorum shall be established by the Presidency at the beginning of the meeting.

(2) The Austrian Volunteer Council shall take its decisions with the majority of the members present.

Management and management

§ 35. (1) The Austrian Volunteer Council is supported by the Federal Ministry of Labour, Social Affairs and Consumer Protection in the management of the business.

(2) More detailed rules on the tasks of the Presidency, the conduct of business, the preparation and convening of meetings, the procedures for the deliberations and the setting up of working groups shall be taken by the Austrian Voluntary Council In a point of order, which is to be approved by the Federal Minister for Labour, Social Affairs and Consumer Protection.

Section 6

Recognition Fund for Freiwilliges Engagement

Funds, beneficiaries

§ 36. (1) A fund shall be established for the special recognition and appreciation of volunteering activities. This fund is called the "Voluntary Commitment Recognition Fund". Grants from the Fund may be granted to natural and legal persons who are responsible for the development or actual implementation of innovative measures, special activities or initiatives to ensure the sustainable protection of the voluntary sector. Contribute to Austria's commitment.

(2) Recipients of benefits from the Fund may

1.

Austrian nationals or persons who have their permanent residence in the territory of the Federal Republic of Germany, or

2.

Domestic legal persons

be.

(3) The Fund shall exclusively serve non-profit purposes and shall have its own legal personality. He has his seat and place of jurisdiction in Vienna.

Benefits

§ 37. (1) The grants shall be made in cash in accordance with the funds provided by the Federal Minister for Labour, Social Affairs and Consumer Protection after consulting the Voluntary Council, in accordance with the Fund's guidelines. These guidelines are to be published on the Internet.

(2) These Directives shall, in particular, contain detailed provisions on the conditions under which grants may be granted and on the nature and amount of the grant.

§ 38. (1) There is no legal entitlement to the granting of grants.

(2) Applications may only be granted on the basis of an application, a proposal by the Federal Minister for Labour, Social Affairs and Consumer Protection, or the Austrian Voluntary Council, and shall always be subject to the proof of the Use to bind. The use shall be reviewed by the Fund. For this purpose, the Fund must be required to provide the necessary information and to submit the necessary documents.

§ 39. The Fund shall, prior to the grant of benefits, be subject to the payment of the benefit or to the payment of which has to be disburdened, if:

1.

it is incomplete or misinformed by the recipient/recipient of the grant on essential circumstances;

2.

the subsidised project is not carried out or is not carried out in due time by the recipient/recipient's fault;

3.

the grant is used in a non-dedicated way, or conditions are not complied with due to the consignee/recipient's fault;

4.

The recipient/recipient of the grant is responsible for the verification of the use of the intended use.

Responsibility

§ 40. Applications for grants are to be submitted by the German Federal Ministry of Labour, Social Affairs and Consumer Protection, following the evidence of the conditions for the award of grants.

Medium

§ 41. The funds of the Fund shall be applied in particular by:

1.

donations, gifts, inheritances and legacies;

2.

Interest and other income of the Fund's assets.

§ 42. The Fund shall be deemed to be a statutory body of public law.

Management of the Fund

§ 43. The administration and representation of the fund is the responsibility of the Federal Minister for Labour, Social Affairs and Consumer Protection.

Cost entrap

§ 44. The administrative burden arising from the enforcement of the provisions on the Fund is to be borne by the Federal Ministry of Labour, Social Affairs and Consumer Protection.

Section 7

Final provisions

§ 45. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version.

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

§ 47. With the enforcement of this federal law are entrusted:

1.

With regard to § 2 of the Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister for Economic Affairs, Family and Youth;

2.

with regard to § § 4 (1), 8 (1), 5 and 7 and § 27 of the Federal Minister for Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister for Economic Affairs, Family and Youth;

3.

with regard to § 20 of the Federal Minister for Justice;

4.

With regard to § 24 of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Economic Affairs, Family and Youth;

5.

in respect of the other provisions of Section 3 (Freiwilliges environmental year) of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Labour, Social Affairs and Labour Consumer protection and the Federal Minister for Economic Affairs, Family and Youth;

6.

in addition to the Federal Minister for Labour, Social Affairs and Consumer Protection.

Article 2

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I No 76/2011, shall be amended as follows:

1. In § 2 (1), at the end of the period, the following shall be replaced by an accoration and the following shall be lit. l is added:

" l)

for full-year children, the 24. Have not completed life year and participate in the

aa)

Voluntary social year according to Section 2 of the Volunteer Law, BGBl. I No 17/2012,

bb)

Voluntary environmental year according to Section 3 of the Volunteer Law, BGBl. I No 17/2012,

cc)

Memorial service, peace and social service abroad according to section 4 of the Volunteer Law, BGBl. I No 17/2012,

dd)

European voluntary service in accordance with Decision No 1719 /2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the 'Youth in Action' programme for the period 2007 to 2013. '

2. In § 6 (2), at the end of the period, the following shall be replaced by an accordiation and the following shall be lit. k is added:

" k)

the 24. Have not completed life year and participate in the

aa)

Voluntary social year according to Section 2 of the Volunteer Law, BGBl. I No 17/2012,

bb)

Voluntary environmental year according to Section 3 of the Volunteer Law, BGBl. I No 17/2012,

cc)

Memorial service, peace and social service abroad according to section 4 of the Volunteer Law, BGBl. I No 17/2012,

dd)

European voluntary service in accordance with Decision No 1719 /2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the 'Youth in Action' programme for the period 2007 to 2013. '

3. In Section 39 (2), at the end of the period, the point shall be replaced by a line-point and the following shall be lit. f is added:

" f)

Until 31 December 2013, the Federal Minister for Labour, Social Affairs and Consumer Protection has a lump sum of EUR 600 000 for the expenditure on family allowances in accordance with § § 2 (1) lit. l and 6 para. 2 lit. k to the compensation fund for family allowances. "

(4) The following paragraph 19 is added to § 55:

" (19)

For the entry into force of the Federal Act BGBl. I No 17/2012, the following provisions shall apply, together with the additional measures:

a)

§ § 2 para. 1 lit. l and 6 para. 2 lit. k shall enter into force on 1 June 2012,

b)

§ 2 para. 1 lit. k is to be applied until 31 December 2020 with the proviso that for children for which the family allowance according to § 2 para. 1 lit. L was granted a claim in accordance with § 2 para. 1 lit. K is excluded,

c)

§ 6 para. 2 lit. j is to be applied until 31 December 2020 with the proviso that for full orphans, for which the family allowance according to § 6 para. 1 lit. (k) a claim pursuant to § 6 para. 2 lit. j is excluded,

d)

Section 39 (2) lit. f shall enter into force with the day following the presentation of this Federal Law. "

Article 3

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. § 4 (1) Z 11 reads:

" 11.

the participants of the volunteer social year, the volunteer environmental year, the memorial service or the peace and social service abroad, according to the Volunteer Law, BGBl. I No 17/2012; "

2. In § 4 (2), the point at the end of the Z 2 shall be given by the word "or" , the following Z 3 shall be added:

" 3.

Recipients of cash or cash benefits in accordance with the Voluntary Act. "

3. In § 10 (5), first sentence, the expression "Z 12" by the expression "Z 11 and 12" replaced.

4. § 14 (1) Z 9 reads:

" 9.

in accordance with § 4 (1) Z 10 or 11 as a participant in an aptitude training or as a participant in the volunteer social year, the voluntary environmental year, the memorial service or the peace and social service abroad are insured; "

5. In § 35 (2), first sentence, after the expression "shall be trained," the expression "in the case of the statutory insured persons according to § 4 (1) Z 11 according to the Voluntary Act" inserted.

6. In § 44 (1), the following Z 8a is inserted after Z 8:

" 8a.

in the case of persons insured pursuant to section 4 (1) (11), the amount referred to in Article 5 (2) (2) (2) of the sentence; "

(7) In § 51 (4), the word shall be: "and" replaced by a dash; after the parenthesis "(§ 4 (1) (9))" the expression "as well as for participants in the volunteer social year, the voluntary environmental year, the memorial service and the peace and social service abroad (§ 4 para. 1 Z 11)" and after the expression "shall be trained," the expression " or by the respective institution in accordance with the Voluntary Act " inserted.

8. § 138 para. 2 lit. e is:

" e)

persons insured pursuant to Article 4 (1) (1) (11) of the Directive; "

9. In § 162 (5) Z 1 the expression " according to § 138 para. 2 lit. a to d " by the expression " according to § 138 para. 2 lit. a to e " replaced.

10. In Section 252 (2), Z 2 is given the name "3." .

11. In § 252 (2), the following Z 2 shall be inserted before the Z 3:

" 2.

as a participant in the volunteer social year, the volunteer environmental year, the memorial service or the peace and social service abroad, until the completion of the 27. "Year of life;"

12. In § 292 (4), the point at the end of the lit. p replaced by a stroke; the following lit. r is added:

" r)

the pocket money according to § 8 para. 4 Z 5 of the Volunteer Law. "

13. In accordance with § 663, the following § 664 shall be added together with the title:

" Final determination on Art. 3 of the Federal Law BGBl. I No 17/2012

§ 664. § § 4 (1) Z 11 as well as (2) (2) and (3), 10 (5), 14 (1) Z 9, 35 (2), 44 (1) Z 8a, 51 (4), 138 (2) (e), 162 (5) Z 1, 252 (2) and 292 (4) (lit). p and r in the version of the Federal Law BGBl. I n ° 17 /2012shall enter into force on 1 June 2012. "

Article 4

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. In § 128 (2), Z 2 is given the name "3." .

2. In § 128 (2), the following Z 2 shall be inserted before the Z 3:

" 2.

As a participant in the volunteer social year, the volunteer environmental year, the memorial service or the peace and social service abroad, according to the Volunteer Law, BGBl. I n ° 17/2012, until the completion of the 27. "Year of life;"

3. In § 149 (4), the point at the end of the lit. p replaced by a stroke; the following lit. r is added:

" r)

the pocket money according to § 8 para. 4 Z 5 of the Volunteer Law. "

4. In accordance with § 342, the following § 343 shall be added together with the heading:

" Final determination on Art. 4 of the Federal Law BGBl. I No 17/2012

§ 343. § § 128 (2) and 149 (4) (lit). p and r in the version of the Federal Law BGBl. I n ° 17/2012 will enter into force with 1 June 2012. "

Article 5

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. In § 119 (2), Z 2 is given the name "3." .

2. In § 119, paragraph 2, the following Z 2 shall be inserted before Z 3:

" 2.

As a participant in the volunteer social year, the volunteer environmental year, the memorial service or the peace and social service abroad, according to the Volunteer Law, BGBl. I n ° 17/2012, until the completion of the 27. "Year of life;"

3. In § 140 (4), the point at the end of the lit. p replaced by a stroke; the following lit. r is added:

" r)

the pocket money according to § 8 para. 4 Z 5 of the Volunteer Law. "

4. In accordance with § 332, the following § 333 shall be added together with the heading:

" Final determination on Art. 5 of the Federal Law BGBl. I No 17/2012

§ 333. § § 119 (2) and 149 (4) (lit). p and r in the version of the Federal Law BGBl. I n ° 17/2012 will enter into force with 1 June 2012. "

Article 6

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I No 122/2011 shall be amended as follows:

1. In § 1 para. 2, the point at the end of the lit. (e) replaced by a stroke, and the following lit. f is added:

" f)

Participants in the volunteer social year, at the volunteer environmental year, at the memorial service or at the Peace and Social Service abroad according to the Volunteer Law, BGBl. I No 17/2012, as regards this activity insured pursuant to Article 4 (1) Z 11 of the ASVG. "

2. § 7 (5) reads:

" (5) The conditions set out in paragraph 3 (1)

1.

not before the Voluntary Social Year, at the Voluntary Environmental Year, at the Memorial Service and in the Peace and Social Service abroad;

2.

only if the child is cared for by another suitable person or in a suitable institution.

3. In § 15 (1), the point at the end of Z 10 is replaced by a stroke point and the following Z 11 is added:

" 11.

in the voluntary social year, at the volunteer environmental year, at the memorial service or at the Peace and Social Service abroad in accordance with the Voluntary Act and is insured pursuant to § 4 paragraph 1 Z 11 ASVG. "

(4) The following paragraph 10x is added to § 79:

" (10x) § 1 para. 2, § 7 para. 5 and § 15 para. 1 in the version of the Federal Law BGBl. I n ° 17/2012 will enter into force on 1 June 2012. "

Article 7

Amendment of the Fees Act 1957

" The Fees Act 1957, BGBl. N ° 267/1957, as last amended by the Federal Law BGBl. I No 76/2011, shall be amended as follows:

1. In § 14 of the tariff post 6 (5), the point at the end of Z 27 shall be replaced by a line-point and the following Z 28 shall be added:

" 28.

Entries relating to the issuing of criminal records certificates for voluntary activities within the framework of voluntary organisations according to § 3 (1) Volunteer Law. "

(2) The following paragraph 30 is added to Article 37:

" (30) § 14 of the German Collective Bargaining Agreement 6 (5) (28) in the version of the Federal Law BGBl. I No 17/2012 will enter into force on 1 June 2012 and shall apply to all situations in which the fee debt would be incurred after 31 May 2012. "

Fischer

Faymann