73. Regulation of the Federal Minister for women and civil service staffing of positions and to promote the internal mobility (plan staffing regulation 2012)
On the basis of § 3 par. 2 of the official service Corporation Act of 1979 (BDG 1979), BGBl. No. 333, § 2a para 1 of the contract staff Act 1948 (VBG), BGBl. No. 86 and of article VII of the judges and the public prosecutor's Office Act (RStDG), Federal Law Gazette No. 305/1961, each as last amended by Federal Law Gazette I no. 140/2011, is prescribed:
Target and definition
1. (1) it is the objective of this regulation, as already attract national people for the occupation of positions the Federal service.
(2) under occupation of positions with officials or civil servants, the appointment to a position is to understand.
Occupation of positions with federal employees (mobility)
Consent to the occupation
§ 2. The consent to the occupation of a post with an or a federal employees are granted, as far as nothing else is determined in this section.
No general agreement
§ 3. no general agreement referred to in paragraph 2 is carried out,
1 for the occupation of posts a) General management service of using Group A 1 in the function groups 7 to 9 and the evaluation groups v1/5-v1/7, b) of Executive service of using Group E 1 in the function groups of 8 to 12, c) of the military service of using Group M BO 1 7-9 function groups and use Group M ZO 1 in the function group 7;
2. from the field of judges and judges for the occupation of posts regarding a) the President or the President, Vice President or Vice President, the Senatspräsidentin and the current or the Senate President and the councilor of the Supreme Court and the Administrative Court, b) President or Presidents of the courts of appeal and c) President or President of the asylum Court d) President or Presidents of the courts of first instance;
3. in the field of State lawyers and prosecutors for the occupation of positions concerning a) General Prokuratorin or Procurator General, Advocate General, first advocate general or first advocate-general and Attorney, b) senior public prosecutor, Senior Prosecutor, c) senior public prosecutor and Senior Attorney, d) Senior Prosecutor and Senior Prosecutor of the public prosecutor's Office to the pursuit of economic criminal cases and corruption (WKStA) and e) Prosecutor or a public prosecutor in the central leadership of the Federal Ministry of Justice;
4. from the section of teachers and school inspection for the a) transfer in the use Group S 1, SI 1, L PH or b ph in the reward Group l,) transfer in the use Group SI 2;
5. in the field of postal and Telecommunications Authority management for the occupation of positions of use Group PF 1.
6. If the occupation of a post as a transfer to a different grade or another compensation scheme occurs - with the exception of the transfer of II l I l in accordance with § 42 g VBG.
Occupation of positions in related safeguard functions and § 113e GehG
4. (1) no general approval in accordance with § 2 occurs § 141, 141a, 145, 152 b or 152 c BDG 1979 and the simultaneous use in filling a position in the valence of the safeguarding function group in accordance with § jobs under this function group of respect for.
(2) no general approval in accordance with § 2 takes place in those departments where an organization change in accordance with § 113e GehG was carried
1 in filling a job which has a lower rating than the position occupied by the Member of staff, 2 for filling a position with members of staff, the use of which is higher than their previous pay legal classification, after the organization change in accordance with § 113e GehG as long as within the framework of this organization change agents are present, the use of which is lower than their salary-legal classification.
Consent to carriage
§ 5. The consent to the appointment in the next higher class of service is granted if the conditions specified in the Appendix. The approval shall be subject to the condition that the carriage with a January 1 or July 1 to take effect. Taking into account the value of workplace and so far managed transportation practice.
Occupation of positions with non - Federal employees
Section 6 (1) the occupation of a position with a person who is not servant or agent of the Federal Government, requires the prior consent of the Federal Chancellor or the Chancellor in accordance with article 3, paragraph 1 BDG 1979.
(2) in the case of the occupation of posts referred to in paragraph 1, approval in individual cases may be granted only.
1. If neither in the career database (section 20 tender Act 1989 - OUTP) with support of the mobility management of the Federal Chancellery are suitable candidates or candidates available, and 2. If after a federal-internal applicants and prospective buyer search pursuant to § 20 OUTP no suitable candidates or candidates have applied.
(3) the approval referred to in paragraph 2 is already then granted after the Federal internal candidate search is completed, and before still finding applicants, who are not employees of the Federal Government (prior approval) on request.
(4) paragraph 2 and 3 are not applicable
1. in the filling of posts of requiring tender functions in accordance with the paragraphs 2 to 4 OUTP, 2nd in the filling of positions relating to school inspectors and school inspectors of the use Group 1 SI and SI 2 in accordance with article 81 b B-VG.
General support for the inclusion of non - Federal employees
§ 7. A general consent in accordance with article 6, paragraph 1 for the occupation of posts with non - Federal employees is granted for the recording of
1 judge candidates and judgeship candidates, 2 Aspirantinnen and aspirants to the Executive service, 3 officers and officials in the use of Group M ZCh, 4 teachers, except usage and compensation Group L PH and l ph, 5 contract staff at the Federal Ministry for European and international affairs statute passed a selection procedure according to section 13 of the Federal Act on tasks and organization of the foreign service -, 6 servants in cabinets of a Minister or a Minister or the Office of a Secretary of State or a Secretary of State or the Office in the § § 5, 6, or 8 paragraph 1 of reference Act of stated supreme organ of the Federal Government.
Data and reports
To include in data
§ 8 (1) is the request for consent to fill a position in underlying text of the invitation to tender or notice of the occupation.
(2) the request for consent to fill a position in accordance with article 6 para 3 (advance approval) is in particular the result of the search of applicants or candidates from the Federal Government to represent. The ultimately carried out occupation of the position is to inform the Federal Chancellor or the Chancellor.
All combinations of positions of the previous calendar year are § 9 (1) of the Federal Chancellor or the Chancellor until March 31 a year to sign, which are done with the General consent in accordance with §§ 2 and 7.
(2) the Federal Chancellor or the Chancellor are quarterly to the dates of 31 March, all those officials to report 30 June, 30 September and 31 December,
1 their pay legal position results on the basis of the classification in a function of respecting, 2. receiving a supplementary allowance referred to in § 113e GehG.
(3) the Federal Chancellor's Office provides appropriate forms for the amendments provided for in this regulation and reports in electronic form.
References to other legislation
§ 10. As far as other legislation is referenced in this regulation, these are amended to apply.
Repeal the plan staffing Regulation 1999
§ 11. With the entry into force of this regulation is Ordinance of the Federal Minister of finance about the consent to the occupation of certain types of positions, Federal Law Gazette II No. 168/1999, override.
Entry into force
§ 12. This Regulation shall enter into force April 1, 2012.