Change The Bauarbeiter Urlaubs - Clearance Law, The Arbeitnehmerinnenschutzgesetzes, The Construction Work Coordination Act, The 1993 Labour Inspection Act And Of Traffic Arbeitsinsp...

Original Language Title: Änderung des Bauarbeiter-Urlaubs- und Abfertigungsgesetzes, des ArbeitnehmerInnenschutzgesetzes, des Bauarbeitenkoordinationsgesetzes, des Arbeitsinspektionsgesetzes 1993 und des Verkehrs-Arbeitsinsp...

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51. Federal Law, with which the Construction Workers 'Holiday and Abortion Act, the Workers' Protection Act, the Construction Workers ' Coordination Act, the Labour Inspectorate Act 1993 and the Transport Labour Inspection Act 1994 are amended

The National Council has decided:

Article 1

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 59/2010, amended as follows:

1. The heading to Section I is:

"Scope and general principles"

2. The heading to § § 1 to 3 reads:

"Scope"

3. § 2 para. 1 lit. g is:

" (g)

Special establishments which carry out activities of their kind in the area of activity of the establishments according to lit. a to f; it does not harm if the activity is also carried out by undertakings which do not fall within the scope of the application. a to f fall; "

4. § 2 para. 2 lit. g is:

" (g)

Special establishments which carry out activities of their kind in the area of activity of the establishments according to lit. a to f; it does not harm if the activity is also carried out by undertakings which do not fall within the scope of the application. a to f fall; "

5. § 2 para. 2a lit. b is:

" (b)

Special establishments which carry out activities of their kind in the area of activity of the establishments according to lit. a fall; it does not harm if the activity is also carried out by undertakings which do not fall within the scope of the application. a fall; "

6. In accordance with § 3, the following § 3a together with the heading is inserted:

" Prohibition of assignment

§ 3a. The rights to which the employee is entitled under this Federal Act may not be effectively assigned to the employer. If the employer is a legal person or a registered private company, the prohibition of assignment shall also apply to the persons who are appointed to represent them. "

7. In accordance with § 3a (new), the following § 3b and title shall be inserted:

" Indispensable

§ 3b. The rights to which the employee is entitled under this Federal Act may not be repealed by collective agreement, by contract of employment, work (service), operating agreement and, insofar as this federal law does not determine otherwise. shall be limited. "

8. In § 8 (8), second sentence, after the word "Territorial Sickness Fund" the phrase "and other pay-related statutory charges" inserted.

9. § 13 together with the title shall be deleted.

10. § 13h is deleted.

11. § 15 (2) and (3) reads:

" (2) The Committee consists of 20 representatives of employers (group of employers), of the Austrian Economic Chamber, and of 20 representatives of the employees (group of employees), of the Federal Chamber of Workers and Employees will be sent. The committee shall elect from its centre, by a simple majority of the votes cast, two chairmen who, at the same time, shall be the chairman of the executive board, with one chairman of the employers ' group and one chairman of the group of employees. is heard. For each chairman (Obmann), a deputy is to be elected, who shall belong to the same group as the chairman (chairman).

(3) The Executive Board shall consist of three other representatives of the employers and employees, other than the Obmen and their alternates, each of the employers and employees, each of whom shall be the employer or the employer. shall be sent from their centre by the group of workers of the committee. "

12. § 16 (3) reads:

" (3) The two Obmen are jointly appointed to the legal representation of the holiday and terminal box office. He will be represented by his deputy in the event of an obmance being prevented. The Rules of Procedure shall specify the matters in which the head of the committee and the board of directors are responsible for the management, including the chairmanship of the committee. "

13. § 19 (4) reads:

"(4) The assets of the holiday and terminal equipment available for the assessment shall be subject to interest and shall be invested in a manner corresponding to the provisions relating to the assessment of Mündelgeld, insofar as paragraph 5 does not specify otherwise."

14. § 19 the following paragraph 5 is added:

" (5) By way of derogation from paragraph 4, an apportionment may take place in the following property:

1.

in interest-bearing securities issued in euro by Member States of the EEA, or

2.

in euro-denominated deposits with domestic credit institutions,

whose creditworthiness is deemed unquestionable. The credit rating may be assessed by using minimum ratings of the credit rating agencies recognised by the market. Investments in shares and equity funds are not permitted. "

15. § 20 (1) reads:

" (1) In a financial year for the purpose of the holiday scheme, there shall be a surplus of net income, the committee may decide to leave this surplus

1.

Measures to improve occupational safety and health protection for persons subject to this federal law, or

2.

social institutions for persons subject to this federal law, or

3.

Institutions which serve the education and training of persons subject to this federal law,

"

Section 21a is added to the following para. 9:

" (9) For workers who have been left over, the employee may pay the surcharges, with the effect that the surcharge obligation of the surplus-person is not required. In doing so, the employee has to identify clearly the superiors, the employees and the periods for which the surcharges are paid, and the collective contractual obligations underlying the calculation of the wage surcharges of the workers concerned. To announce hourly wages. The allowances paid have an effect on the employee against the surplus of debt. In so far as the employee is responsible for the surcharges for redundant workers, his liability is no longer required in accordance with § 14 of the German Labour Force Act (AÜG), BGBl. No. 196/1988. The employee has to inform the superiors if he intends to pay the wage surcharges for workers who have been left over. "

Section 22 is added to the following paragraph 6:

"(6) The employer has to use the automation-supported web applications of the holiday and terminal box office."

18. § 23 (2) reads:

" (2) The right of access to the holiday and terminal box in accordance with paragraph 1 also includes the insight into business documents in order to determine whether the activities carried out are activities according to § 2 or the activities of mixed enterprises according to § 3 . In addition, the right of access to the holiday and transfer fund referred to in paragraph 1 shall also cover those records which have the effect of following payments from the employment relationship to the employee, in so far as these documents and records are intended for the determination of the obligation to surcharge and the calculation of the award of the surcharge are relevant. These records also include wage records in accordance with § 7d of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No. 459/1993. '

19. In Article 23a (3), the following sentence shall be inserted after the fourth sentence:

"These documents also include the wage documents according to § 7d AVRAG."

20. The text of the previous § 23b receives the sales designation "(1)" ; the following paragraphs 2 and 3 are added to it:

" (2) In the case of the passing or partial transfer of construction services within the meaning of § 19 of the turnover tax act 1994 (UStG 1994), BGBl. No 663/1994, by an undertaking to another undertaking, the contracting authority shall, on request, supply the holiday and terminal terminal with information on which company which works have been passed on to. In any event, the information given shall have the complete indication of at least the company name (company) and the business address of the contractor, including, where appropriate, the indication of its company number and its registered office, and a precise indication of the exact position of the company. Description of the type of work to be carried out. At the request of the holiday and terminal box, the information provided shall be provided by documents, such as, for example, order letters and (part) invoices.

(3) In the case of the surrender of workers within the meaning of § 3 of the AÜG for the purpose of the construction of works within the meaning of § 19 UStG 1994, the employee of the holiday and terminal box office has, upon request, information on the identity of the workers who have been left to work, to issue the activity carried out by them in the context of the transfer and the operation of the overlasing operation. In any event, the information given shall include the complete indication of the first and last names, the social security number and the social security carrier of the employee made redundant, and the activity carried out in the course of the worker's operation. . At the request of the holiday and terminal box office, the information given shall be provided by documents, such as, for example, transfer contracts and (part) invoices. "

21. § 25 reads:

" § 25. (1) On the basis of his report or on the basis of the calculation in accordance with Article 22 (5), the holiday and terminal box shall provide the employer with the amount to be paid as the sum of the surcharges for the employees employed during the award period. is. This amount is 15. of the second month following the award period. If, for reasons other than the employer, the pre-enrolments are made later than one month after the end of the award period, the amount of the surcharges payable on that period shall not be due until two weeks after the date of the pre-writing. If, due to a breach of the employer's reporting obligation, the pre-enrolments are made later than one month after the end of the award period, the amount of the surcharges incurred during that period shall be due immediately.

(1a) If the employer is responsible for his reporting obligations, a flat-rate substitute is to be required to retaliate the administrative costs arising from the breach of the obligation to notify the employer. The flat-rate replacement shall be 800 euro for each test use and 500 euro for each worker affected by the breach of the reporting obligation. The holiday and payment terminal may, for reasons worthy of consideration, reduce or cancel the flat-rate replacement.

(1b) If, within 14 days after the pre-amortiment of the employer, the employer has an inaccuracy, the holiday and terminal office shall examine these objections and correct the advance if it has determined the accuracy of the objections. and the amount of the surcharge to be adjusted has not yet been calculated on the basis of any calculation of the holiday allowance, the severance or the handling.

(2) If the employer does not comply with the obligation to pay the amount referred to in paragraph 1, paragraph 1a or paragraph 1b within the time limit or not in the prescribed amount, the holiday and terminal box office shall require the employer to pay the backlog to pay within two weeks. From the date of maturity, interest in arrears at a rate of 7% p.a. shall be required. For reasons worthy of consideration, the holiday and terminal box office may reduce the interest in arrears or take charge of the payment.

(3) if the employer does not perform this request or only partly results, the leave and deferment fund for the collection of amounts which have not been paid in due time shall be issued with a residue certificate. This card shall have the name and address of the debtor, the amount retained, the nature of the residue, together with the additional fees and the flat rate, the period of the award for which the backward surcharges are made, and, where applicable, the required amount. Interest on late payment. If the employer has not complied with his obligation to pay interest in accordance with Section 8 (6) at the time of the completion of the proof-of-residue payment, the interest can also be included in the document. On the card, the holiday and terminal office must note that the document is not subject to an enforceability of the law in question. The residue certificate is an outline in the sense of § 1 of the executive order.

(4) As an additional fee, the holiday and terminal box in the refund card may provide a flat-rate compensation for the administrative expenses incurred as a result of the introduction and implementation of the compulsory recovery, with the exception of the administrative expenses incurred in the Include administrative procedures or costs to be preached in the judicial path. This shall not affect the right to the costs to be attributed in the administrative route or in the judicial way. The flat-rate cost rate shall be 0.5 vH of the amount to be entered, but at least 1.50 Euro. The replacement can only be prescribed once for the same culpability. Any legal costs of the procedure for the recovery of the surcharges may be claimed only in so far as they run up in the proceedings relating to legal remedies.

(5) An objection to the badge certificate in accordance with paragraph 3 shall be submitted by the employer to the district administrative authority. This has to be decided with a decision on the correctness of the pre-writing.

(6) The employer denies the pre-writing in accordance with paragraph 1 on the grounds that it does not fall within the scope of this federal law, or that it applies to the working relationship of this federal law which is considered, the District managing authority, at the request of the holiday and terminal office, at the latest, but no later than one month after the application has been submitted, to determine whether the employer is subject to the provisions of this federal law, or whether for the The relevant employment relationship of this federal law shall apply.

(7) The Landeshauptmann decides on vocations against a communication according to paragraph 5 or 6. If the subject matter of the procedure is the question whether the employer is subject to the provisions of this Federal Act or if the employment relationship of this federal law is applicable, the administrative instantiation shall end at the time of the Federal Minister for Labour, Social Affairs and Consumer Protection, who, if at the same time the level of the backlog, will be able to decide on this.

(8) The holiday and terminal box office is granted for the collection of non-timely payment of surcharges in the administrative infrastructure (Section 3 (3) of the Administrative Enforcement Act 1991, BGBl. No. 53). "

22. § 27 together with the title shall be deleted.

23. In § 31 (1), first sentence, after the word "Business Class Assignment" the phrase "as well as the date of registration and the logoff of the employee" inserted.

24. In accordance with § 31, the following § 31a and heading is inserted:

" Building Site Database

§ 31a. (1) For the purpose of detecting and facilitating the control of construction sites, the holiday and payment terminal has to establish a construction site database. For this purpose, it is entitled to do so in the reports according to § 6 of the Construction Workers ' Coordination Act (BauKG), BGBl. I n ° 37/1999, and Section 97 (1) of the Employees ' Protection Act, BGBl. No. 450/1994 in conjunction with Section 3 (1) to (4) and (6) of the Construction Workers ' Protection Ordinance (BauV), BGBl. No 340/1995, as amended by the BGBl Regulation. II No 3/2011, the data contained in it and the data collected in the case of site checks. The holiday and terminal has to make a web application available for the refund of the message. With regard to the construction site database, the holiday and demolition terminal, the labour inspection and the transport labour inspectorate are joint entities according to § 4 Z 4 of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999.

(2) For the purpose of the control of construction sites, the federal tax authorities and the health insurance institutions are entitled to inspect the construction site database by means of automation-supported route. "

25. In § 32 (1) (3a), after the word "Employer" the phrase "or adjudicating entity or employment" inserted.

Section 33g is added to the following paragraph 5:

"(5) The employer has to use the automation-supported web applications of the holiday and terminal box office."

27. § 33h para. 1 reads:

" (1) § § 21a, 22 (4) to 5, 23, 23a, 23b (2) and (3), 25 (1) and (2) shall apply in respect of the payment of the surcharges, with the proviso that the legal normal working time or the standards of collective redress shall be shorter than the normal working hours. The normal working time within the meaning of § 21a (4) shall apply to the normal working time to be applied in accordance with the employment contract statute. "

The following paragraphs 16 to 18 shall be added to § 40:

" (16) The headings relating to Section I and to Sections 1 to 3, Section 2 (1) (g), (2) (g) and (2a) lit. b, § 3a, § 3b, § 8 (8), § 15 (2) and (3), § 16 (3), § 19 (4) and (5), § 20 (1), § 23 (2), § 23a (3), § 23b, § 25, § 31 (1), § 32 1 (1) (3a) and § 33h (1) in the version of the Federal Law BGBl. I No 51/2011 will enter into force on 1 August 2011. Section 21a (9) in the version of the Federal Law BGBl. I n ° 51/2011 comes with 1. Jänner 2012 in force. Section 22 (6) and section 33g (5) in the version of the Federal Law BGBl. I n ° 51/2011 will be 1. Jänner 2014 in force. § 13 together with the title, § 13h and § 27, together with the title in the version of the Federal Law BGBl. I No 51/2011 will be repeal with effect from 31 July 2011. § 25 in the version of the Federal Law BGBl. I n ° 51/2011 applies to correction procedures for the award of surcharge if the employer makes the request for correction of the amount of the surcharge in his favour after 31 July 2011 at the holiday and terminal box office. § § 27 and 25 (7) shall continue to apply in the version in force on 31 July 2011 in connection with § 25 (7), pending on 31 July 2011, in connection with Section 25 (7).

(17) § 31a together with the title in the version of the Federal Law BGBl. I No 51/2011 comes into force with the date that the Federal Minister for Labour, Social Affairs and Consumer Protection determines by means of a regulation as the one from which the available technical means (construction site database) for the collection of the in § § 31a provided are suitable. It shall not be allowed to do so at the earliest with 1. Jänner 2012.

(18) For the operating period running until September 2012, the Committee shall elect the Vice-Chairmen (Obmen) from the county of the members of the Board of Management. "

Article 2

Amendment of the Employees ' Protection Act

The Workers ' Protection Act, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I n ° 3/2009 and the BGBl Regulation. II No 221/2010, shall be amended as follows:

1. § 97 (1) the following sentence is added:

" For the purpose of the control of construction sites, the notification is also to the construction workers 'holiday and terminal box office (§ 14 of the Construction Workers' Vacations and Departure Act-BUAG, BGBl. No 414/1972). "

Section 97 is added to the following paragraph 8:

"(8) Notifications pursuant to paragraphs 1, 6 and 7 may also be made electronically by means of a web application."

Section 131 is added to the following paragraph 8:

" (8) § 97 (1) last sentence and (8) in the version of the Federal Law BGBl. I No 51/2011 comes into force at the time the Federal Minister for Labour, Social Affairs and Consumer Protection has established that the technical means available for the collection of the technical resources available for the collection of the provisions of § 97 (1), (6) and (7) of this Regulation are applicable. shall be appropriate. It shall not be allowed to do so at the earliest with 1. Jänner 2012. "

Article 3

Amendment of the Construction Workers ' Coordination Act

The Construction Workers ' Coordination Act, BGBl. No 37/1999, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 3/2009, shall be amended as follows:

1. § 6 (2) the following sentences are added:

" For the purpose of the control of construction sites, the advance notice is also to the construction workers 'holiday and terminal box office (§ 14 of the construction workers' holiday and departure act-BUAG, BGBl. No 414/1972). The advance notice to the Labour Inspectorate and to the construction workers ' holiday and terminal box office can also be made electronically by means of a web application. "

2. § 11 is added to the following paragraph 5:

" (5) § 6 para. 2 penultimate and final sentence in the version of the Federal Law BGBl. I No 51/2011 comes into force at the time the Federal Minister for Labour, Social Affairs and Consumer Protection has established that the technical means available for the collection of the advance notice pursuant to § 6 of the Regulation are suitable. It shall not be allowed to do so at the earliest with 1. Jänner 2012. "

Article 4

Amendment of the Labour Inspectorate Act 1993

The Labour Inspectorate Act 1993, BGBl. No 27/1993, as last amended by the Federal Law BGBl. I n ° 93/2010, shall be amended as follows:

The following paragraphs 8 and 9 are added to § 20:

" (8) The work inspection is justified for the creation of web applications for electronic messages in the sense of section 97 (8) of the Employees ' Protection Act-ASchG, BGBl. No. 450/1994 in the current version, and electronic pre-announcements in the sense of § 6 (2) last sentence of the Construction Workers Coordination Act-BauKG, BGBl. No 37/1999 in the current version, the construction workers 'holiday and terminal box office (Section 14 of the Construction Workers' Leave and Departure Act-BUAG, BGBl. No 414/1972 in the current version). The work inspection is also entitled to make use of the construction workers ' holiday and handling terminal for the operation of these web applications as well as for the processing of the data from these messages and prior announcements.

(9) The labour inspectorates shall, in accordance with the provisions of national law, have with the authorities of other Member States of the European Economic Area which are responsible for the control of compliance with the rules on the protection of the labour market, or Information can be provided as to whether an employer complies with the rules on the protection of workers, and is entitled to provide information on reasoned requests from the authorities of other Member States. The granting of mutual assistance to these authorities shall be free of charge. The labour inspectorates shall be entitled to communicate to the competent labour inspectorates of other Member States of the European Economic Area, where employers established in those Member States are subject to the protection of workers ' rights in respect of Do not comply with Austria. "

2. § 25 is added to the following paragraph 6:

" (6) § 20 (8), first sentence and (9) in the version of the Federal Law BGBl. I No 51/2011 will enter into force on 1 August 2011. Section 20 (8) second sentence in the version of the Federal Law BGBl. I No 51/2011 comes into force at the time when the Federal Minister for Labour, Social Affairs and Consumer Protection has established that the technical means available for the collection of notifications pursuant to Section 97 (1) of this Regulation shall apply from the date on which the Regulation is made available. 6 and 7 ASchG and the advance notice according to § 6 BauKG are suitable. It shall not be allowed to do so at the earliest with 1. Jänner 2012. "

Article 5

Amendment of the Transport Labour Inspectorate Act 1994

The Transport Labour Inspectorate Act 1994, BGBl. N ° 650/1994, as last amended by the Federal Law BGBl. I n ° 22/2010, is amended as follows:

The following paragraphs 10 and 11 are added to § 20:

" (10) The Traffic Labour Inspectorate is entitled to create web applications for electronic messages in the sense of Section 97 (8) of the Employees ' Protection Act-ASchG, BGBl. No. 450/1994 in the current version, and electronic pre-announcements in the sense of § 6 (2) last sentence of the Construction Workers Coordination Act-BauKG, BGBl. No 37/1999 in the current version, the construction workers 'holiday and terminal box office (Section 14 of the Construction Workers' Leave and Departure Act-BUAG, BGBl. No 414/1972 in the current version). The Traffic Labour Inspectorate is also entitled to use the construction workers ' holiday and terminal box office to operate these web applications as well as to process the data from these reports and preliminary announcements.

(11) The Transport Labour Inspectorate shall, in accordance with the provisions of national law, have with the authorities of other Member States of the European Economic Area which are responsible for monitoring compliance with the rules on the protection of the labour market or provide information on whether an employer is in compliance with the rules on the protection of workers, and is entitled to provide information on reasoned requests from the authorities of other Member States. The granting of mutual assistance to these authorities shall be free of charge. The Transport Labour Inspectorate shall be entitled to communicate to the competent labour inspectorates of other Member States of the European Economic Area if the employer established in those Member States has the right to: "We do not comply with employee protection regulations in Austria."

Section 26 is added to the following paragraph 6:

" (6) § 20 para. 10 first sentence and para. 11 in the version of the Federal Law BGBl. I No 51/2011 will enter into force on 1 August 2011. Section 20 (10) second sentence in the version of the Federal Law BGBl. I No 51/2011 comes into force at the time when the Federal Minister for Labour, Social Affairs and Consumer Protection has established that the technical means available for the collection of notifications pursuant to Section 97 (1) of this Regulation shall apply from the date on which the Regulation is made available. 6 and 7 ASchG and the advance notice according to § 6 BauKG are suitable. It shall not be allowed to do so at the earliest with 1. Jänner 2012. "

Fischer

Faymann