68. Regulation of the Federal Agreement Office in the Federal Ministry of labour, Social Affairs and consumer protection, which explains the collective agreement for employees in private social and health organisations of Vorarlberg to the articles of Association
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection is in accordance with article 18, paragraph 1 Labor Constitutional Act, BGBl. No. 22 / 1974, as amended by Federal Law Gazette I no. 111/2010 empowered, at the request of a collective agreement enabled Corporation who is party to a collective agreement to grant legally binding effect this collective agreement by declaration to the Statute also beyond its spatial, technical and personal effects when the conditions specified in paragraph 3.
The Federal Agreement official at the Federal Ministry of labour, Social Affairs and consumer protection adopted the following statutes by order of March 9, 2012 to hold a Senate hearing:
Articles of the collective agreement for employees in private social and health organisations of Vorarlberg
Scope of the Statute
1 technical: For providers of social and health services of preventive, attending or rehabilitative nature for persons who require adequate assistance or support, with the following exceptions: a) public institutions b) spas - Spa - and hospitals c) rescue and medical services d) private kindergartens, private child care, private game group e) facilities of child care by child minders (-fathers) 2. spatial: for the Federal Province of Vorarlberg 3 personally: all employers within the professional scope, as well as by this employer-seekers in the territorial scope employed workers and apprentices , provided that their working conditions through a valid collective agreement (except collective agreements pursuant to § 18 para 4 ArbVG) covered.
The statute only in relation to articles 13, paragraph 3 applies to employment of workers temporarily employed on the basis of labour market policy and social support measure with the aim of (re-) integration into the labour market (transitional workers), lit. i and 11a para 1 to 3 of the collective agreement listed in section 2.
Working conditions, on the basis of an assignment by a cost object, such as AMS, have qualification to the content, - employment of clients in care or therapy, engaged in simple activities are under the supervision of dauerender and refers to public funding for an organization - working conditions of workers-seekers, employed in measures for legal assistance or disabled legal provisions of the Federation and/or of the country - are excluded. Pocket money is this exception not contrary (youth workshops, tea-rooms, etc.), - summer employees, trainee migrants, volunteers/volunteers and temporary employees. Intern is who is committed within the framework of a school or university education based on a curriculum or a study to prove practical activities. Volunteer is who resides at short notice only for educational purposes or personal career guidance in a facility; a small fee does not preclude a trainee. Assistant is who makes occasional pure presence services; a small fee or reimbursement does not preclude the exception from the scope.
Content of the articles of Association
2. (1) the completed between the employer association for social and health agencies in Vorarlberg (AGV) and the Austrian Trade Union Federation, Union of private employees, printing, journalism, paper (GPA-DJP)
Collective agreement for employees in private social and health agencies in Vorarlberg (1.1.2012)
at the Federal Ministry of labour, Social Affairs and consumer protection under register number k. 86/2012-stored and in the "Amtsblatt zur Wiener Zeitung" by 28 February 2012 announced, explains to the articles of Association.
(2) of the Statute declaration below mentioned collective agreement are excluded:
-Section 1 - section 2 - § 13 para 3 lit. e first and second sentence - section 18 - article 19 (3) where reference is made in article 10 paragraph 10 on the effect of the collective agreement are, takes place this date the date of "1 May 2006". For employment, for which this Constitution becomes effective after May 1, 2006, the provision is from the articles of Association be.
(4) as far as in § 13 para 3 lit. h on the entry into force of the collective agreement with 1.1.2012 referred replaces that of the entry into force of the Statute (§ 3) this data each.
(5) if section 16 referred point II on the entry into force of the collective agreement, the entry into force of the Statute (§ 3) takes place this data each.
Beginning of the effectiveness and validity of the Statute
§ 3. March 1, 2012 is set as the start of the effectiveness of the Statute. The validity of the Statute depends on the validity of the gesatzten collective agreement.