129. Federal Law to amend the Federal Railways Act

The National Council has decided:

The Federal Railways Act, BGBl. No 825/1992, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. According to § 53, the following § 53a is inserted:

" § 53a. (1) For those employees and pensioners who have until 31 December 2004 at the Austrian Federal Railways (ÖBB), one of their legal progeny or from the legal effect of the arranged division and conversion operations at the ÖBB-Holding AG, which is in the 3. Part of this federal law in the version of the Federal Law BGBl. I No 138/2003, the companies referred to in this Directive, their legal successor companies and undertakings which have emerged from one of the companies by means of the re-establishment of a company within the framework of the existing company law, as well as the undertakings to which the companies referred to in The employment relationships of staff employed by the Austrian Federal Railways on 31 December 2003 as a result of a (even multiple) operation or contract have occurred, entered or entered into force, and their individual pre-return date on the basis of § 3 Bundesbahn-Besoldungsordnung 1963 (BO 1963), § 13 Bundesbahn-Dienst-und Lohnordnung 1954 (DILO 1954), § 4 Gastarbeiterordnung (GaO), § 14 Subemployment Regulations 1977 (TbO 1977) or § 35 of the General Terms and Conditions of Contract for Service Contracts with the Austrian Federal Railways (AVB) shall be calculated or calculated, the individual advance reporting date shall be re-determined after the notification of the pre-service periods to be calculated, in accordance with the following provisions:

1.		The pre-return date shall be determined by the fact that periods to be calculated (Z 2) after 30 June of the year in which nine years of schooling had been or would have been completed after being taken to the first level of schooling are the day of the date of arrival, or Inclusion is advanced.
2.		The periods to be calculated shall be derived from the applicable accounting provisions of the relevant provisions of the BO 1963, DILO 1954, GaO, TbO 1977 or AVB.

(2) In the case of the redetermination of the individual pre-return date referred to in paragraph 1, the following shall apply:

1.		The period required for the advance in the first three salary levels shall be extended by one year each.
2.		The advance is to be found on the first one following the completion of the respective pre-return period. Jänner instead of (advance date).
3.		The redetermination of the individual pre-repayment date shall not be effective if it is accompanied by a deterioration in the maintenance of the pre-repayment date.

(3) Service times for the granting of a Anniversary Reward result from the relevant operating agreement pursuant to Art. 7 sec. 4 Z 1 Federal Railway Structure Act 2003, whereby in the case of the effectiveness for the advance within the meaning of the relevant regulations Paragraph 1 Z 1 shall apply mutatily.

(4) Anzurechnende Vordienstzeiten pursuant to para. 1 are to be proved accordingly for the redetermination of the pre-return date by the employees and pensioners by means of the form made available by the employer. For persons who do not provide evidence that is not correct or incomplete, the date of the preliminary repayment date which is currently in force for them remains effective. Persons for which a redetermination of the pre-return date pursuant to paragraph 2 (2) (3) does not take effect shall apply in respect of the granting of an Anniversary Reward (3).

(5) The period from 18 June 2009 to the day of the presentation of the Federal Law BGBl (Federal Law Gazette) is valid for salary claims resulting from the redetermination of the pre-return date. I n ° 129/2011 do not apply to the three-year period of limitation. "

(2) The following paragraph 14 is added to § 56:

" (14) § 53a in the version of the Federal Law, BGBl. I n ° 129/2011 is 1. Jänner 2004 in force. "

Fischer

Faymann