Change Of The Agricultural And Forestry Vocational Training Act And The Agricultural Work Act 1984

Original Language Title: Änderung des Land- und Forstwirtschaftlichen Berufsausbildungsgesetzes und des Landarbeitsgesetzes 1984

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133. Federal law be changed with the agricultural and forestry vocational training Act and the agricultural work Act 1984

The National Council has decided:

Article 1

Change of the agricultural and forestry vocational training Act

The agriculture and forestry vocational training Act, Federal Law Gazette No. 298/1990, as last amended by Federal Law Gazette I no. 82/2008, is amended as follows:

1. (determination of principle of) in section 3, paragraph 2, the phrase is "in the rural home economics," replaced by the phrase "in the rural operations and budget management,".

2. (principle of determination) § 5 the following paragraph 6 is added:

"(6) is learned a profession in connection with other training, whose simultaneous or in between by graduating with the attainment of the teaching aim is compatible, one over the duration of the apprenticeship to up to 18 months-longer duration of including stipulated for the teaching profession can be arranged on request, which has to be, in the apprenticeship contract in connection with the registration or amendment of the Lehrvertrages."

3. (determination of principle of) in § 7 b paragraph 5 is the phrase "Economics and labour" by the phrase "Labour, Social Affairs and consumer protection" and the phrase replaced "Agriculture and forestry" by the phrase "Agriculture and forestry, environment and water management".

4. (principle provision) § 8 paragraph 2 States:

"(2) the successful visit of a three-year agricultural and forestry vocational school replaced skilled workers testing in the major direction."

5. (determination of principle of) section 11 d are added following paragraph 3 to 6:

"(3) in the case of persons according to § 11c para 1 No. 3 may for health reasons in apprenticeship contracts in accordance with Article 11a, as well as in training contracts in accordance with § 11 b a reduction of the regular daily and weekly normal working hours be agreed."

(4) Lehrverhältnisse pursuant to § 11a to be extended at least to the extent of the reduction of normal working time. The total duration of the extended apprenticeship shall not exceed the duration referred to in section 11a, subsection 2.

(5) in the case of training conditions in accordance with § 11 b is a reduction up to half the normal working time allowed, which extends the minimum duration of the training period according to § 11 b (one year) to the extent of the reduction of normal working time. The total duration of the training period may not exceed three years.

(6) the agricultural or forestry apprentice and vocational education authority has to consider medical opinions or other medical documentation before registration of the Lehrvertrages or of the training contract."

6. (determination of principle of) is section 11e:

"section 11e. (1) the agricultural or forestry apprentice and vocational education authority may only issue permits a training contract or an apprenticeship contract according to § 11a b pursuant to section 11, if 1 the requirements of § 11 c para 1 and 2 is a binding statement of the labour market service, the Federal Social Welfare Office, a local authority or an institution of a local authority on the implementation of the vocational training assistance.

"(2) when a change in a different form of education pursuant to section 11 h is omitted that section 11 c para 1 provided prerequisite of a mediation attempt by the labour market service."

7. (principle of determination) § 11 g para 1 to 4 are:

"section 11 g." (1) the determination is in training according to § 11 b qualifications through an audit at the end of the training period, at the earliest twelve weeks before the regular end of the training. The audit is carried out by an expert of the concerned professional range from agricultural or forestry apprentice and vocational training place to nominierenden and a member of the vocational training assistance and takes place in teaching or in an otherwise appropriate facility.

(2) on the basis of the curricula in the training agreement and training objectives, it is from the statutory audit to determine what level of training achieved and what skills and knowledge have been acquired.

(3) the agricultural or forestry apprentice and vocational education authority has to issue a certificate of final exam in. In the leaving certificate are to document the identified skills and knowledge.

(4) the further procedure of final exams and the design of the respective final examination certificate are set according to the requirements of the respective professional area from the agricultural or forestry apprentice and vocational training place."

8. (principle provision) § 11 h para 1 States:

"section 11 h." (1) a change between the training in an apprenticeship under section 5, a tutoring according to § 11a and a training relationship pursuant to section 11 b is permitted by an agreement between the authorised or the educational institution on the one hand and the apprentice or trainee on the other hand, in agreement with the vocational training assistance and involving the Board of education and the school holder. When switching from an apprenticeship under section 5 a training relationship or an apprenticeship according to § 11a pursuant to section 11 (b) has to confirm that teaching initiated by the person concerned in the form of regular can probably not successfully completed the vocational training assistance. The other prerequisites of § 11 c para 1 are eliminated No. 4."

9. (determination of principle of) in article 12, paragraph 1, the phrase "Age of 21 years" is replaced by the phrase "Age of 20 years".

10. (principle of determination) § 15 be added following paragraph 3 to 8:

"(3) if the skills essential for the teaching profession and knowledge in its entirety can be communicated in a teaching, the training of apprentices is permitted, if a supplementary training by training in another suitable mode or other appropriate facility. Such additional training is allowed only if that can be trained for the teaching profession itself predominantly essential skills and knowledge in teaching.

(4) the supplementary training is based on the skills and knowledge in accordance with the profession, as well as related by agricultural or forestry apprentice and training site to set on the year. A complementary training agreement in question is part of the Lehrvertrages; It is either to take the apprenticeship contract or to join the apprenticeship contract as an attachment and upon registration of the Lehrvertrages for registration.

(5) noted that the training of apprentices is only permissible if a supplementary training referred to in paragraph 4, and is applied for an apprenticeship in the agricultural or forestry apprentice and training site, provides no such additional training, so has to determine this, whether and to what extent this supplementary training is still required if the apprenticeship contract does not within a reasonable period of time has been added.

(6) If a focused education in the sense of § 17 para 1a in an operation can be done, is to be determined by the agricultural or forestry apprentice and training site. It is set in the recognition as a legitimate teaching and teaching and to include in the apprenticeship.

(7) the implementing legislation has criteria for the professional competence of authorised or an instructor to the apprenticeship to set. People are as a professional, who have completed their studies at relevant universities or universities of applied sciences, graduates of higher agricultural and trade-economic schools and persons who have passed the master exam in the respective teaching gem. § 3 par. 2. Other people are as technically suitable to recognise when a sufficient actual professional competence to the adequate and sufficient training of apprentices can be assumed and the successful visit of at least Mozart instructor course or training course is proven.

(8) in order to ensure a proper training following ratios are regarding to keep the ratio of the number of apprentices to the number of trainers engaged in operation: 1 to 5 apprentices at least an instructor who is charged not only with training responsibilities;

2. on 15 apprentices at least an instructor who is tasked solely with training responsibilities.

More detailed provisions, as well as ratios between professional appropriately trained persons and apprentices are to be determined by the implementing legislation."

11. (directly applicable federal law) in § 15a paragraph 6, the phrase is replaced "Economics and labour" by the phrase "Labour, Social Affairs and consumer protection".

12. (principle of determination) according to § 15a is inserted the following § 15B and heading:

"Trust Council in educational institutions

section 15 b. (determination of principle of) (1) persons who are trained in educational institutions, have to elect a Council of trust for each site. The Trust Board has the task of the economic, social, health and cultural interests of the trainees. He has 1 to inform the holder of the educational institution on any defects and to stimulate action;

2.

can make proposals on all matters relating to the training.

Are personal relationships or Affairs of trainees they represent known members of the trust Council, requiring their importance or their contents after a confidential treatment so they have secrecy about this to keep.

(2) the holder of the education institution has to provide the required time the trust Council for his tasks and to provide the necessary means and the thing needs free of charge. He is obliged to lead 2nd over all important Affairs to inform him, 1 with the trust Council quarterly, on request, also monthly, joint discussions on current affairs of education 3 to give him the information necessary for the fulfilment of its tasks and 4 in the planning of the training to include him.

The members of the Board of the trust may be not limited in the performance of their duties and not discriminated against.

(3) the Trust Board consists of 3 with 51 to 100 trainees at a site of three members for each location of the educational institution 1 with up to 30 trainees a member who needs to come 2 with 31 to 50 trainees at a site of two members, district of trainees from.

For each up to 100 trainees at a site increases the number of members based on another Member.

(4) the duration of the trust Council members begins with the time of their choice and ends 1 with the time of the election a successor or 2nd of the withdrawal from the educational institution as well as 3. cancellation by the function.

In the case of retirement or resignation of the function the person identified on the basis of the election results next takes over the function.

(5) the election of the members of the trust Council occurs persons per year free, equal and secret ballot by all at the location of the educational institution at the time of the election in a training ratio in the fourth quarter of each year in a meeting of the trainees. The owner of the training institution is obliged to provide the infrastructure required for the holding of elections. The election may be contested within one month at the Commission of the agreement by each voter if could violate key provisions of the electoral process or leading principles of the right to vote, in particular of free, equal and secret suffrage, and thereby the election result be affected.

(6) the implementing legislation has further regulations of the rights and obligations of the members of the Trust Board to set 1;

2. the provisions on the convening of choice, for establishing the electoral lists, to the line of choice, (electoral code) to set the required quorum for the election, as well as to the election process."

13. (determination of principle of and directly applicable federal law) to § is 15 b the following paragraph 15 (c) together with heading added:

"Participation in international training programs

§ 15c. (1) (principle of determination) the time to participate in international training programmes is to be up to four months per year as an apprentice on the apprenticeship from agricultural or forestry apprentice and training site.

(2) (principle of determination) the time of participation in international programs of training, where a training in the respective year of training corresponding to the profession of teaching for the training is completed, is to be up to six months per year as an apprentice on the apprenticeship of the agricultural or forestry apprentice and training site. Those charged times do not reduce that referred to in paragraph 1 to computing time.

(3) (determination of principle of) the doctrine legitimate has agricultural or forestry apprentice and training place without undue delay, to show the participation in an international training program in accordance with paragraph 1 or 2 not later than four weeks after the conclusion.

(4) (directly applicable federal law) shall apply as apprentices in the sense of the General Social Security Act, within the meaning of the equalisation, within the meaning of the unemployment insurance Act 1977, within the meaning of the insolvency payment assurance Act (IESG), and within the meaning of the income tax act. participants in international training programmes referred to in paragraph 1 or 2'

14. (principle of determination) according to article 17, paragraph 1 is inserted the following paragraph 1a:

"(1a) that implementing legislation may provide for certain professions that the education regulations include also in addition focused on student knowledge and skills, to train are in accordance with the permission of training through the teaching. The amount of teaching time in different areas of in-service training is the same. The recording of the designation of the Centre of gravity in the Facharbeiter certificates may only if this is provided for in the training regulations."

15th (directly applicable federal law) section 22 the following paragraph 6 is added:

"(6) (directly applicable federal law) the implementing laws of the countries to the § 3 para 2, § 5, article 6, § 7 b para 5, § 8 para 2, § 11 d para 3 to 6, article 11e, § 11 g para 1 to 4, § 11 h para 1, § 12 para 1, § 15 ABS. 3 to 8, § 15 b, § 15 c para 1 to 3 and § 17 par. 1a, in the version of Federal Law Gazette I no. 133/2011" "that should be adopted within six months after the day following the announcement."

Article 2

Amendment to the agricultural work Act 1984

The agricultural work Act 1984, BGBl. No. 287, last amended by Federal Law Gazette I no. 37/2011, is amended as follows:

1. (determination of principle of) in section 76, the quote "section 76a to 94" is replaced by the quote "section 76a to 94f".

2. (principle of determination) section 130 paragraph 7 the following sentence is added:

"When the apprentice during the apprenticeship or the loading obligation (§ 125 ABS. 7) for the first time to the skilled worker assessment, the doctrine legitimate has to reimburse the costs of the examination fee the apprentice."

3. (principle of determination) section 130 the following paragraph 9 is added:

"The parents or other guardians of the apprentice has (9) the doctrine legitimate and in the case of the No. 3 also the apprentice of themselves to inform 1 important incidents relating to the training of underage Apprentice;"

2. first of illness a minor, recorded in the household of the authorised apprentice;

3. in writing of the occurrence of the ending of the including."

4. (determination of principle of) in article 135, paragraph 8, the phrase "as well as the disabled setting law" is inserted after the term "workplace safety law 1991".

5. (determination of principle of) in article 154 para. 3 the term "Worker" is replaced by the expression "Employees".

6. (determination of principle of) in article 237 paragraph 4a is replaced the quote "section 73" by the quote "section 236a para 5".

7. (determination of principle of) in § 284 paragraph 2 is in the Z 47 the point replaced with a comma and following Z 48 added: "48. disability adjustment Act - BEinstG, Federal Law Gazette No. 22 / 1970, as amended by Federal Law Gazette I no. 7/2011."

8. (directly applicable federal law) § 285 49 the following paragraph shall be added:

"(49) (directly applicable federal law) the implementing legislation of the countries to section 76, section 130, paragraph 7 last sentence and paragraph 9, article 135, paragraph 8, article 154 para. 3, article 237 paragraph 4a and article 284, paragraph 2 Z 48, in the version of Federal Law Gazette I are no. 133/2011, within six months after the day following the announcement to adopt."

Fischer

Faymann