Wife Promotion Plan Of The Department Of Justice For The Period Until 31 December 2016

Original Language Title: Frauenförderungsplan des Justizressorts für den Zeitraum bis 31. Dezember 2016

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59. Ordination of the Federal Minister of Justice on the Women's Development Plan of the Department of Justice for the period until 31 December 2016

On the basis of § 11a para. 1 of the Federal Equal Treatment Act-B-GlBG, BGBl.Nr.100/1993, as last amended by BGBl. I No 6/2011, shall be arranged:

Women's promotion plan for the Justice Department for the period until 31 December 2016

Objectives and measures to achieve objectives

Objectives

§ 1. (1) The Federal Ministry of Justice is committed to an active equal treatment and gender equality policy in order to ensure equal opportunities for women and men.

(2) The aim of the implementation of the women's support plan is to pursue and achieve the following objectives:

1.

the promotion of recognition of women as equal and equal partners in the professional world and the promotion of a positive attitude towards women's professional activities at all levels of the hierarchy,

2.

the promotion of the professional identity and self-awareness of women,

3.

the promotion of consensus on the equivalence of women's and men's work;

4.

the reduction of existing disadvantages for women,

5.

the active improvement of the reconciliation of work and family life for women and men,

6.

the promotion of equal representation of women in all decision-making structures and advisory bodies;

7.

the objectification of the aptitude assessments by the removal of discriminatory, role-stereotypes evaluation criteria,

8.

the increase in the proportion of women in the use, pay or salary groups or functional areas (see § 4), where women are under-represented,

9.

the increase in the proportion of women in management positions and

10.

the implementation of the guiding principles of gender mainstreaming, gender budgeting and the focus on gender mainstreaming in all policies and policies as well as specific measures for the advancement of women in the system of personnel planning and staff development of the judiciary.

Measures

Protection of human dignity, prohibition of bulbings

§ 2. (1) The dignity of women and men in the workplace must be protected. Behaviour which violates human dignity, in particular degrading statements and representations (posters, calendars, screensavers, etc.), bullying, bossing and sexual harassment, as well as harassment of a different kind, are to be found in: . The service provider shall take appropriate measures to raise awareness.

(2) The employees shall be informed about the legal and other possibilities of opposing sexual harassment or bullying, as well as on the occasion of the employee's interview. The employer shall seek to ensure that the employees do not find a disadvantage in the event of a complaint being raised because of harassment or bullying. Likewise, other unjustified sequellations (such as e.g. Discrediting).

(3) It is necessary to respect a working atmosphere, which is carried out by mutual respect.

(4) In their area of responsibility, managers and persons responsible for training must be aware of the compliance with this principle and, if necessary, intervene. In addition, managers and training managers in particular have an obligation to act as a model.

Increase in the proportion of women

§ 3. In accordance with Section 11a (3) B-GlBG, in any case, it is necessary to determine in which time and with which personnel, organisational as well as training and further education measures in which uses an existing under-representation as well as with which of the women's rights are to eliminate existing disadvantages for women. In each case, binding targets for increasing the number of women in the women's rights are in place for two years

1.

each grade, in each remuneration scheme or in any group of uses or remuneration, or

2.

if there is a subdivision into functional groups (including basic runway), salary groups or rating groups-in the relevant group or

3.

in the highlighted uses (functions) concerned, which account for the non-subdivision category to Z 1 in question,

in the sphere of action of each service authority.

Women's Promotion

§ 4. (1) It belongs to the official duties of the representatives of the employer (§ 2 para. 4 B-GlBG), in accordance with the guidelines of the Women's Development Plan for the elimination of an existing under-representation of women in the total number of women. Employees and the functions, as well as the existing disadvantages of women in connection with the employment relationship (women's promotion bid). In the case of under-representation, the relevant service authority shall address appropriate women and invite them to submit their application.

(2) Women are under-represented when the proportion of women in the total number of women

1.

permanently employed persons in the grade concerned, in the corresponding remuneration scheme or in the relevant group of uses or remuneration, or

2.

-if there is a subdivision into functional groups (including basic runway), salary groups or assessment groups-permanently employed persons in the group concerned, or

3.

other highlighted uses (functions), which are attributable to the permanently employed persons in the category according to Z 1, which do not have a subdivision into groups,

is less than 50% in the area of action of the service authority concerned.

(3) If a group of uses is opposed to a corresponding pay group, it should be included in the comparison. The employment of remuneration schemes v and h is to be attributed to the group of uses and the functional group (including the basic career path) which corresponds to their evaluation in the law of civil servants.

(4) The binding targets set out in the annex to increase the proportion of women are determined by the obligation to eliminate the existing under-representation of women in stages, until the extent of 50% has been reached. The priority is to include women in the Federal Service in accordance with § 11b B-GlBG and to give priority to women in the promotion of professional advancement in accordance with § 11c B-GlBG.

(5) Other "highlighted uses (functions)" shall be regarded as:

1.

in the area of the Central Office

-

Head of the section and deputy/female

-

Head of staff

-

Senior prosecutors in the BMJ

-

Head of department and deputy/interior

-

Top prosecutors in the BMJ

2.

in the area of the courts (Art. IV RStDG)

-

President/President and Vice-Presidents of the Supreme Court

-

Presidents and Vice-Presidents of the Higher Regional Courts

-

Presidents and Vice-Presidents of the Court of First Instance

-

Judges of each salary group R 2 (II) and R 3 (III)

-

Presiders of the District Courts

3.

In the area of the Public Prosecutor's Office and the General Procuration

-

Head and First Deputy Head of the Head of the General Procuration

-

Head of the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) and First Deputy Head of the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften)

-

Head of the Public Prosecutor's Office and First Deputy Head of the Public Prosecutor's Office

-

Public prosecutors in each of the salary groups St2 (II) and St3 (III)

-

Group Leader

4.

in the field of civil servants and contract staff, in particular:

a)

in the section of the Central Office, the courts, the Public Prosecutor's Office and the General Procuration

aa)

in category A1, v1:

-

Employees of the Central Office

bb)

in category A2, B/Entlohnungsgruppe b and v2:

-

Clerks

-

Head of the office of introduction and deputy/in

-

Head of the offices

-

Head of Unit

-

Regional responsible

-

Auditor

-

Right-wing brainers

-

District balancing/inside

cc)

in the category A3, C/Entlohnungsgruppe c and v3:

-

Clerks

-

Head of team assistants and alternates

-

Managers of the depositaries

-

Head of the offices

-

District balancing/inside

-

Law Leader

-

Accounting officers

-

Court enforcator

(b) in the Directorate-General for Enforcement and the Judicial Institutions

aa)

in category A1, A/Entlohnungsgruppe a:

-

Head of the Executive Directorate and Deputy Director/in

-

Head of department in the Executive Directorate and Deputy Head of Department

-

Line functions in the field of STAK

-

Head of the company and deputy

-

Head of Psychology and Social Services

bb)

in the E1/W1 use group:

-

Head of department in the Executive Directorate and Deputy Head of Department

-

Line functions in the field of STAK

-

Head of the company and deputy

-

Leader of the enforcement area

-

Head of the Economic Area

cc)

in the Working Group E2/W2:

-

Judicial service commander and alternates

-

Watchmaking commander

-

Contract commander

-

Principal Officer

-

Oversight (directors of all economic and legal entities of the JA)

-

Judicial school commander/in and deputy

c)

in the area of probation assistance

aa)

in category A1, A/Entlohnungsgruppe a:

-

Head of business offices

bb)

in category A2, B/Entlohnungsgruppe b:

-

Head of business and external offices

Priority

§ 5. (1) In the case of admission to the Federal Service, applicants who are equally suitable for the planned job as the best-suited competitor should be given priority in accordance with the guidelines of this women's subsidy plan in accordance with § 11b B-GlBG. This also applies if the women's support plan does not take any measures because of the fact that the 50% female quota is reached or exceeded in a group, but that the proportion of women there would fall below 50%. If, in the case of admission to the Federal Service, the assignment to more than one group is considered and even only one of these groups in consideration has a under-representation, § 11b B-GlBG is to be applied.

(2) The language skills of women must be taken into account, in particular, in the circumstances which are relevant to the reimbursement of the proposals for the recovery of the proposals. In the case of the judicial institutions, there is also a representative participation of women of different ethnic origin in the case of the employment proposals.

Priority on career advancement

§ 6. (1) Applicable candidates who are equally suitable for the intended use (function) as the best-suited competitor should be ordered as a priority in accordance with the guidelines of this women's subsidy plan according to § 11c B-GlBG. This is also true if the women's support plan does not take any action because of the fact that the 50% quota for women is reached or exceeded, but that the proportion of women would fall below 50% by ordering. If the assignment to more than one group is considered in the career advancement and only one of these groups in consideration has a under-representation, § 11c B-GlBG is to be applied. According to Art. IV, Section 2 of the Judge and Public Prosecutor's Law (RStDG), BGBl. No. 305/1961, the Federal Employment Equality Act is also to be applied to the reimbursement of the remuneration proposals by the Staff Senates.

(2) These support measures must already be taken into account in the case of the use of ascended activities, in particular the presidents of the regional courts, the Higher Regional Courts and the Supreme Court, which have the following: Heads of the District Courts, the heads of the Public Prosecutors and Public Prosecutors as well as the General Procurature and the General Directorate, as well as the judicial authorities, to cooperate in judicial administrative matters. the same suitability as a priority for women.

Priority in education and training

§ 7. (1) In the educational concept of the department, women-specific training events and further training courses in the field of anti-discrimination, in particular the relevant continuing training programmes of the working group for Equality of treatment. The training measures for managers and managers have also been extended to cover the themes of "anti-discrimination", "bullying", "gender equality" and "targeted promotion of women".

(2) Women are to be given priority to participate in training and further education measures which qualify for the acquisition of higher-value uses (functions), in accordance with the guidelines of this women's subsidy plan (§ 11d B-GlBG). This applies in particular to judicial management training courses, seminars and seminars. This funding measure has already been mentioned in the call for tenders for training and further training events. Decisions on the admission of employees to basic training must be made without taking any account of their partial employment. The participation and/or participation of carded employees is also the case. to make the application possible.

(3) The employer has to take into account, in the organisation and in particular in the time and local implementation of internal training and further training events, a possibility of participation of employees who are responsible for care.

(4) The extraction of presenters for training events and training courses shall include a representative participation of women and relevant prior knowledge in the fields of equal treatment, anti-discrimination and gender equality. To take mainstreaming into account.

RFQ

§ 8. (1) In the case of invitations to tender for the planning of a particular use (classification) or of certain functions, the indication that the proportion of women in the scope of action of the service authority concerned is less than 50% shall be included in the notice that: Applications of women for these posts and functions are particularly desirable.

(2) If the proportion of women in a particular use (classification) or a specific function is less than 50%, the invitation to tender shall also include a notice indicating that women are equally qualified in the cases of § § 11b and 11c B-GlBG should be given priority in accordance with the Frauenförderungsplanes (§ 7 para. 3 B-GlBG). The employees are also to be included in the agreement of the service holders.

(3) The intended occupancy of jobs which are not subject to a tendering procedure, but which are subject to a professional advancement, shall be suitably adapted to the applicant/innenkreis and the competent authority concerned. To make equal treatment officers known. The type of contract notice will be based on the local conditions and the eligible applicant/innenkreis (Section 7 (1) B-GlBG). These are to be agreed upon by the carded service provider.

Representation in commissions

§ 9. (1) In the composition of commissions, collegial bodies and councils provided for in the rules of service, which are called for the preparation of decisions or decisions in personnel matters, as well as of the following, or comparable facilities, shall be male and female of at least one member from the members to be appointed by the service provider. The Chairperson of the Working Party on Equal Treatment Questions or a staff member of his or her name shall have the right to take part in an advisory capacity at all meetings of the Commission or of the body concerned. The provisions relating to membership and confidentiality also apply to employees with an advisory vote (§ § 10 paragraph 1 B-GlBG, 12 sec. 1a and 35 Abs. 1a AusG).

(2) The nomination of members for other commissions, in particular those with a judicial participation, shall also be taken into account in the numerical relationship between female and male staff.

(3) The Chair of the Working Party on Equal Treatment or a staff member of the Working Party on Equal Treatment or a Distinguished Servant is in accordance with. § 10 B-GlBG of the Commission Chairman in time to allow her or him the necessary preparation for the meeting.

Other measures

§ 10. (1) In the context of their duty of care, the service superiors shall have the professional advancement of their employees, for example by motivating them for functions and higher-quality uses or by invitation to participate in the service. To promote training events.

(2) The topics relevant to the achievement of the objectives of this women's promotion plan shall be included at least once a year on the agenda of the meetings of the personnel-leading bodies, in particular the President/inn/enconferences of the Oberlandesgericht (Higher Regional Courts), the leaders 'meetings of the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) and the directors' meetings of the judicial institutions. The chairperson of the working group and a representative of the working group and/or his/her deputist are to be invited to these meetings.

(3) In the context of construction measures, it is possible to take account of the increased space requirements for partial employees and part-time-scale devoided persons.

(4) The employment bans in accordance with the Maternity Protection Act must be strictly observed by the employer; expectant mothers must be supported by work organisation and other measures.

(5) After the return of female service workers from the maternity protection or Special attention should be paid to the family interests of these staff members in the division and transfer of tasks (work organisation) to the family interests of carded parents, particularly in the area of service. Requests for translation to facilitate the reconciliation of work, family and care must be taken into account, unless there is an important service interest in the conflict.

(6) Women shall be made visible in the events, injunctions and correspondence of the administration of justice, as well as on the official boards and door shields. All women ' s posts and all official titles and designations of use of women shall be used in the female form.

Support for equal treatment officers

§ 11. (1) The activities of the Equal Treatment Offiders and their alternates shall be part of their duty of service. They are given the free time necessary to carry out their duties. This should be taken into account, in particular, in the preparation of the business and personnel divisions as well as the business distributions. For the persons responsible for equal treatment, the minimum amount of exemption to be granted is 30%, for their deputies 20%, for the chairperson or chairperson of the working group and for the second deputy or the second Additional 20% in addition, and 30% for the first deputy or the first deputy.

(2) The service authorities shall ensure that the Working Party on Equal Treatment Issues and its members provide the financial resources and resources necessary for the performance of their activities (EDP, personnel, space and material expenses) .

(3) The Working Party on Equal Treatment and its Members shall provide the representatives and representatives of the service provider with the necessary information necessary for the performance of their duties, and in particular: To be granted access to the personnel files, for example to assess suitability criteria or service misconduct (§ 31 paragraph 2 B-GlBG). The person responsible for the equality of treatment and their deputists and their representatives and the contact women must not have any professional disadvantage arising from their activities.

(4) Names, telephone numbers and departments of the equal treatment officers responsible for the respective sphere of action and their alternates, the chairman of the Working Group on Equal Treatment Issues at the Federal Ministry for Economic Cooperation and Development (BMI) Justice and its/her deputists and the contact women for the respective areas are in the business distribution overviews and telephone registers of each department under the keyword " Equal Treatment Officer/Chairperson/Chairman/Vice-President/Vice-President of the European Parliament and contact women of the AGG " separately.

Reports and understandings

§ 12. (1) In order to prepare the report to be made by the Federal Minister for Justice in accordance with § 12 B-GlBG to the Federal Chancellor, the heads of the subordinated service authorities have until the 31. Jänner every second year, this is for the next report of the 31. Jänner 2012, the Federal Ministry of Justice, on the state of implementation of equal treatment and the promotion of women in the two previous calendar years in their field of action. For this purpose, the report tables provided by the Federal Ministry of Justice are to be used.

(2) In accordance with Section 29 (3) B-GlBG, the working group may, if necessary, by the end of January of each year, the Head of the Central Agency, a written report on the implementation of equal treatment and the advancement of women in the resort in the previous calendar year.

(3) The heads of the subordinated service authorities and the organisational unit of the Federal Ministry of Justice responsible for the staff of the Central Office shall have up to 31 years. Jänner of the Working Party on Equal Treatment Questions, the changes in the proportions of women in the total number of employees and the functions corresponding to those in the Annex, which had occurred up to and including 31 December of the previous year , and to compare the figures from the last report. In addition, in addition, written reports shall be attached to the causes and reasons leading to non-compliance with the mandatory requirements.

(4) In the context of § 31 B-GlBG, all requested personal and other information, such as evaluations from the staff information system of the Federal Government, are in addition to the Equal Treatment Offices and their alternates. other statistical evaluations. Statistical data are in the form requested by the Equal Treatment Officers, in particular on request separately by gender (number of women) and salary levels, as well as by use, wage or salary groups. or functional areas. In order to prepare the proposal for the women's promotion plan in accordance with § § 29 (2) Z 3 and 11a (1) B-GlBG, the equal treatment officers are up to 31. to disclose the data of the staff members as at 31 December of the previous year in accordance with the structure shown in the Annex.

(5) All occupancy procedures relating to posts in use, wage or salary groups or functional areas where the mandatory requirements are not met, according to the Annex, shall be the equivalent of the Equal Treatment Officer of the shall be notified immediately and informally without delay by the transmission of the invitation to tender or the search for interested parties. In doing so, the equal treatment officers shall be informed in particular of which posts will be advertised publicly or internally, who has applied for and who has ultimately been appointed to the designated planning office.

(6) All documents relevant to the application procedure, in particular applications for applications, shall be the responsibility of the equal treatment officers of the relevant representative area, as well as the representatives of the service provider in all procedures for the application process. To submit assessments, minutes and recommendations (including the reasoning of the collegiate bodies) in good time and in a formless manner.

Additional measures to promote women in prison

Recording procedure

§ 13. (1) The directors of the judicial institutions shall ensure that the advertising of professional access is particularly directed towards the exploitation of women for the executive sector.

(2) The admission process is to be completed within 3 months of the end of the application period. The training shall only start after the admission procedure has expired.

Initial and continuing training, career advancement, repetition of the call for tenders

§ 14. (1) The directors of the judicial institutions have to address specifically suitable women in all application and selection procedures of the executive area and to invite them to apply. If there are no applications from women who meet the statutory requirements, admission requirements or admission criteria until the end of the application deadline, the post must be re-written before the start of the selection procedure or to be re-trained for training. With the agreement of the Chairman or Chair of the Working Party on Equal Treatment Questions, the repetition of the call for tenders may be omitted. The selection procedure is to be carried out in the absence of applications from women due to the renewed invitation to tender.

(2) The evaluation in the selection procedure shall be carried out in accordance with objective criteria. On the basis of the suitability assessments to be made for the judicial preparation service, the control points shall be recognised in accordance with a uniform assessment system. The allocation of points on the basis of the eligibility criteria shall be justified in each case. The professional image, on which the selection criteria are measured, has to take account of the competences and characteristics of women and men in the same way.

(3) In terms of service descriptions and suitability considerations, no assessment criteria may be included, resulting in a disadvantage for women. The inclusion of eligibility criteria, which are based on a discriminatory, role stereotype understanding of the sexes, is inadmissible.

Reconciliation of work and family life

§ 15. (1) The heads of the judicial institutions must ensure that, in the vicinity of the judicial institution, childcare places are available in sufficient numbers to meet the needs of the staff in the shift and interchangeable service. Consideration. Staff members are not allowed to increase the cost of childcare from the shift and exchange service.

(2) In order to ensure the immediate use of a substitute force in cases of absenteasal and carelessness-related absences of staff, Karenzpools shall be set up with the necessary number of staff immediately available.

Improving working conditions for women

§ 16. (1) The directors of the judicial institutions shall be obliged to report, at the end of each calendar year of the General Directorate and of the Working Party on Equal Treatment, on the overall level of the women's quota of staff, in the The Executive Service and the function posts have developed compared with the previous year and what measures are planned to achieve a 50% female quota for the coming year. A deterioration in the women's quota in the reporting areas must be justified separately for each individual case.

(2) The evaluation of jobs and their weighting in the context of training and promotion criteria shall be subject to a yearly gender examination. The outcome of the examination shall be included in the annual report referred to in paragraph 1.

(3) In the definition of service obligations, non-discriminatory task assignments based on gender stereotypes shall be permitted. The same applies to the description and design of jobs.

(4) In the case of a short-term arrangement of overtime, the employer has to take into account the family situation of the employees. In particular, it has to take care of short-term, non-delegable supply obligations (e.g. care of family members).

(5) In any case, the lead managers shall report an accusation of sexual harassment and/or bulbings to the designated service authority and the Equal Treatment Officer shall be informed immediately thereof. The disciplinary panel shall be independent of any assessment of the credibility or seriousness of the alleged act.

(6) Staff and third parties who claim to be discriminated against on grounds of sex may, without prejudice to the supervision of the service and disciplinary supervision and the assertion of legal consequences and claims, also be able to complain about infringement. against the European Union's equal treatment directives in connection with a service to the services of the service inspectorate. The Office of the Supervisory Authority shall, within one month, invite the parties concerned to open a debate on the dispute settlement under the direction of a neutral moderator/facilitator.

Karl