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 amending the Agricultural and Forest Vocational Training Act and the Land Labour Act 1984

The National Council has decided:

Article 1

Amendment of the agricultural and forestry vocational training law

The Land and Forest Vocational Training Act, BGBl. No 298/1990, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. ( Basic specification) In Section 3 (2), the word order shall be "in the rural home economy," through the phrase "in rural operations and household management," replaced.

2. (Policy determination) The following paragraph 6 is added to § 5:

" (6) If a teaching profession is learned in connection with another training, the simultaneous or intermediate completion of which is compatible with the attainment of the teaching objective, it may, upon request, be made in connection with the application or the application. In the course of the apprenticeship contract, an amendment to the teaching contract is to be agreed in relation to the duration of the teaching period fixed for the teaching profession by up to 18 months in each case for a longer duration of the teaching relationship. "

3. (Policy determination) In Section 7b (5), the word order shall be "Economy and Work" through the phrase "Labour, Social Affairs and Consumer Protection" and the phrase "Agriculture and forestry" through the phrase "Agriculture, forestry, environment and water management" replaced.

4. (Policy determination) Section 8 (2) reads as follows:

"(2) The successful visit of a three-year agricultural and forestry specialist school replaces the skilled worker examination in the main subject."

5. (Policy determination) The following paragraphs 3 to 6 shall be added to Section 11d:

" (3) In the case of persons according to § 11c (1) Z 3, a reduction of normal daily and weekly normal working hours can be agreed in the case of health reasons both in teaching contracts according to § 11a and in training contracts according to § 11b .

(4) In any case, teaching conditions in accordance with § 11a must be extended to the extent of the reduction of the normal working time. The total duration of the extended period of apprenticeship may not exceed the duration permitted in accordance with Section 11a (2).

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

(6) The agricultural and forestry apprentil and specialised training centre has to do so before registration of the apprenticeship contract or the training contract must take medical advice or other medical records into account. "

6. (Policy determination) § 11e is:

" § 11e. (1) The agricultural and forestry apprentil and specialised training centre may only approve a contract of apprenticeship under Section 11a or a training contract in accordance with Section 11b if:

1.

the conditions set out in section 11c (1) are met; and

2.

a binding declaration by the Labour Market Service, the Federal Social Office, a local authority or a body of a local authority on the implementation of the vocational training assistance system.

(2) In the event of a change to another form of training in accordance with § 11h, the condition of a mediation attempt provided for in § 11c para. 1 shall be waited by the labour market service. "

7. (Policy determination) § 11g (1) to (4) are:

" § 11g. (1) The qualifications obtained in an education according to § 11b are determined by a final examination at the end of the training period, at the earliest twelve weeks before the regular end of the training. The final examination shall be carried out by an expert of the relevant profession and a member of the vocational training assistant, which is to be nominated by the agricultural and forestry apprentists and specialist training centre, and shall be found in the Teaching or in an otherwise suitable facility instead.

(2) On the basis of the training contents and training objectives agreed in the training contract, the final examination shall determine which level of training has been achieved and what skills and knowledge have been acquired.

(3) The agricultural and forestry apprentil and specialised training centre must issue a final certificate of auditing. In the final certificate, the identified skills and knowledge must be documented.

(4) The closer conduct of the final examinations and the design of the respective statutory audit certificate shall be commended in accordance with the requirements of the respective occupational area of the agricultural and forestry apprentia and specialist training centre "

8. (Policy determination) Section 11h (1) reads as follows:

" § 11h. (1) A change between the training in a teaching relationship according to § 5, a teaching relationship according to § 11a and a training relationship according to § 11b is due to an agreement between the lecturer and/or the teacher. the training institution on the one hand and the apprentice the trainee may, on the other hand, in agreement with the vocational training assistant and with the participation of the school authority and the school holder, be allowed. When changing from a teaching relationship according to § 5 to an apprenticeship according to § 11a or a training relationship according to § 11b, the vocational training assistant has to confirm that the teaching commenced by the person concerned in the regular form is not expected to be completed successfully. The other requirements of § 11c (1) (4) shall be deleted. "

9. (Policy determination) In Section 12 (1), the word order shall be " Completion of the 21. Life Year " through the phrase " Completion of the 20. Life Year " replaced.

10. (Policy determination) The following paragraphs 3 to 8 shall be added to Article 15:

" (3) If, in a course of teaching, the essential skills and knowledge of the teaching profession cannot be fully taught, the training of apprentices shall be allowed if a supplementary training is provided by training measures in other suitable operation or other suitable means. Such a supplementary training is only permissible if, in the course of teaching, the essential skills and knowledge of the teaching profession can be trained in the majority of cases.

(4) The supplementary training is to be determined by the agricultural and forestry apprentil and specialised training centre in terms of the skills and knowledge in accordance with the vocational training and on the teaching year. An agreement relating to the supplementary training is part of the teaching contract; it must either be made in the apprenticeship contract or be annexed to the apprenticeship contract and must be submitted for registration upon notification of the teaching contract.

(5) It has been established that the training of apprentices is only admissible if a supplementary training is carried out in accordance with paragraph 4, and an apprenticeship contract is notified to the agricultural and forestry apprentia and specialist training centre, who shall: does not provide for such supplementary training, it shall determine whether and to what extent this supplementary training is still necessary if the apprenticeship contract has not been supplemented within a reasonable period of time.

(6) Whether it is possible to have a focus on training within the meaning of section 17 (1a) in one operation, it is to be determined by the agricultural and forestry apprentil and specialised training centre. It must be defined as a teacher and as a teaching establishment, and must be included in the teaching contracts.

(7) The implementing legislation has criteria for the professional competence of a lecturer, or of an apprentice training programme. Persons who have completed their studies at relevant universities or universities of applied sciences, graduates of relevant higher agricultural and technical schools, and persons who have completed their studies in the respective teaching profession are considered to be subject to professional qualification. § 3 para. 2 the Master Examination. Other persons shall be deemed to be suitably qualified if sufficient effective professional competence for the appropriate and adequate training of apprentices can be accepted and the successful visit of an at least Forty-two-hour training course or training course is proven.

(8) In order to ensure proper training, the following ratios are to be observed concerning the ratio of the number of apprentices to the number of trainers employed in the holding:

1.

on 5 apprentices, at least one instructing person who is not solely responsible for training tasks;

2.

15 apprentices, at least one instructing person, who is solely responsible for training tasks.

More detailed provisions and ratios between persons and apprentices who are professionally trained are to be determined by the implementing legislation. "

11. (Federal Law Applicable directly) In Section 15a (6), the word order shall be "Economy and Work" through the phrase "Labour, Social Affairs and Consumer Protection" replaced.

12. (Policy determination) In accordance with § 15a, the following § 15b and heading is inserted:

" Trust in training institutions

§ 15b. (Policy determination) (1) Persons trained in training institutions shall elect a trust council for each location. The Board of Trustees has the task of fulfilling the economic, social, health and cultural interests of the trainees. It

1.

shall draw the attention of the holder of the training institution to any shortcomings and to encourage appropriate action;

2.

may make proposals on all matters relating to training.

If the members of the Council of Trustees are aware of personal circumstances or matters of the trainees they represent, who need confidential treatment, they shall have the right to: To maintain secrecy.

(2) The holder of the training institution shall grant the Council of Trustees the necessary time for his/her duties and shall make the necessary funds and material requirements available free of charge. He is obliged to

1.

with the Council of Trustees on a quarterly basis, and at its request also monthly to conduct joint deliberations on the current affairs of training,

2.

to inform him of all the important matters,

3.

give it the information necessary for the performance of its tasks, and

4.

to involve him in the planning of training.

The members of the Council of Trustees may not be restricted in the performance of their duties and shall not be penalised.

(3) The trust council shall exist for each location of the training institution

1.

with up to 30 apprentices from a member who has to come from the circle of trainees,

2.

with 31 to 50 apprentices at a location of two members,

3.

with 51 to 100 apprentices at a location of three members.

For a further up to 100 apprentices at one site, the number of members increases by one more member.

(4) The period of activity of the members of the Council of Confidence shall begin with the date of their election and end

1.

with the date of the election of a successor, or

2.

the excrement of the training establishment and

3.

in case of resignation of the function.

In the event of a failure or resignation of the function, the person closest to the election due to the result of the election shall take over the function.

(5) The election of the members of the Council of Trustees takes place annually in the free, equal and secret ballot by all persons in the fourth quarter of each person at the location of the training establishment at the time of the election in a training relationship. year in an assembly of apprentices. The holder of the training institution shall be obliged to provide the necessary infrastructure for the implementation of the election. The election may be contested by any eligible person within one month from the conciliation committee, where the essential provisions of the electoral procedure or the guiding principles of the right to vote, in particular the free, the same and the secret ballot, shall be subject to the The election result could be affected and the result of the election could be influenced.

(6) The implementing legislation has

1.

to lay down further rules on the rights and obligations of members of the Council of Trustees;

2.

the provisions concerning the convening of the election, the drawing up of electoral lists, the management of the election, the necessary quoros for the election and the electoral process (electoral system). "

13. ( Basic principles and Federal law directly applicable) In accordance with § 15b, the following § 15c and heading is added:

" Participation in international training programmes

§ 15c. (1) (Policy determination) The period of participation in international training programmes is to be calculated by the agricultural and forestry apprentil and specialised training centre for up to four months per year of teaching.

(2) (Policy determination) The period of participation in international training programmes, which is followed by a training corresponding to the vocational training of the teaching profession in the relevant academic year, is of the agricultural and forestry apprentice. and to count on the teaching period up to six months per teaching year. These fair periods do not reduce the time required under paragraph 1 of this Article.

(3) (Policy determination) The lecturer has to participate in an international training programme in accordance with paragraph 1, without unnecessary postponing, but no later than four weeks after graduation, by the agricultural and forestry apprentiary and technical training centre. or 2.

(4) (federal law directly applicable) Participants in international training programmes as referred to in paragraph 1 or 2 shall be regarded as apprentices within the meaning of the General Social Insurance Act, in the sense of the Family Law Balancing Act, in the sense of the Unemployment Insurance Act 1977, in the The meaning of the Insolvency Law on the Protection of Remuneration (IESG) and in the sense of the Income Tax Act. "

14. ( Basic specification) After Section 17 (1) is inserted in the following paragraph 1a:

" (1a) Implementing legislation may provide for certain professions that the training rules also include additional knowledge and skills to be developed in accordance with the right of training in accordance with the training authority. Teaching is to be trained. The duration of teaching in the course of training in different areas of a teaching profession is the same. The inclusion of the name of the centre of gravity in the skilled workers ' examination certificates shall be admissible only if this is provided for in the training regulations. "

15. (Federal Law Applicable directly) The following paragraph 6 is added to Article 22:

" (6) (federal law directly applicable) The implementing laws of the Länder on § 3 (2), § 5 (6), § 7b (5), § 8 (2), § 11d (3) to (6), § 11e, § 11g (1) to (4), § 11h (1), § 12 (1), § 15 (3) to (8), § 15c (1) to (3) and Section 17 (1a), as amended by the Federal Law BGBl. I No 133/2011, shall be adopted within six months of the date on which the event is held. '

Article 2

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I No 37/2011, shall be amended as follows:

1. (Policy determination) In § 76, the quote is "§ § 76a to 94e" by quoting "§ § 76a to 94f" replaced.

2. (Policy determination) The following sentence shall be added to Section 130 (7):

"If the apprentice for the first time takes part in the examination of the skilled worker during the course of the apprenticeship or the obligation to stay (§ 125 para. 7), the lecturer has to replace the apprentice with the costs of the examination tax."

3. (Policy determination) The following paragraph 9 is added to § 130:

" (9) The apprentiate has the parents or other legal guardians of the apprentice and, in the case of the Z 3, also the apprentice himself

1.

of important events relating to the training of an underage apprentiate;

2.

ehestens From a condition of an underage apprentiate admitted to the household of the teaching person;

3.

in writing from the commencement of the teaching relationship. "

4. (Policy determination) In Section 135 (8), the term " "Workplace Safety Act 1991" the phrase "as well as the disability employment law" inserted.

5. (Policy determination) In Section 154 (3), the term " "Employees" by the expression "Service" replaced.

6. (Policy determination) In Section 237 (4a), the quote shall be: "§ 73" by quoting "§ 236a (5)" replaced.

7. (Policy determination) In Section 284 (2), in Z 47 the point is replaced by a dash and the following Z 48 is added:

" 48.

Disability Act -BEinstG, BGBl. No. 22/1970, in the version of the Federal Law BGBl. I No 7/2011. '

8. (Federal Law Applicable directly) The following paragraph 49 is added to section 285:

" (49) (federal law directly applicable) The implementing laws of the Länder on § 76, § 130 (7), last sentence and (9), § 135 (8), § 154 (3), § 237 (4a) and § 284 (2) (48), in the version of the Federal Law BGBl. I No 133/2011, shall be adopted within six months of the date on which the event is held. '

Fischer

Faymann