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 be changed with the Bauarbeiter-Urlaubs - und severance Act, the employee, the construction work coordination Act, the 1993 labour inspection Act and the transport labour inspection Act 1994

The National Council has decided:

Article 1

Amending Bauarbeiter Urlaubs - and clearance law

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 59/2010, is amended as follows:

1. the heading to section I is as follows:

"Scope and general principles"

2. the heading to the §§ 1 to 3 is:

'Scope'

3. § 2 par. 1 lit. g is:



g) companies, who carry out activities, their very nature in the field of activity of farms after lit. a fall to f; While it doesn't hurt if the activity is performed by companies not included in the scope after lit. a fall to f;"

4. § 2 para 2 lit. g is:



g) companies, who carry out activities, their very nature in the field of activity of farms after lit. a fall to f; While it doesn't hurt if the activity is performed by companies not included in the scope after lit. a fall to f;"

5. § 2 para 2a lit. b is as follows:



"(b) special operations, the activities do, that their very nature in the field of activity of farms after lit. a fall; While it doesn't hurt if the activity is performed by companies not included in the scope after lit. a fall;"

6. According to section 3, the following section 3a and heading is inserted:

"Prohibition of assignment

section 3a. The claims due to the employee under this Federal Act can not effectively ceded the employer. If the employer is a legal person or registered partnership, so the prohibition of assignment to the persons appointed to the dealer applies."

7 § 3a (new) the following paragraph 3 shall be inserted after b together with the heading:

"Imperative

§ 3 b. "The claims due to the employee under this Federal Act can by contract of employment, Arbeits(Dienst)Ordnung, operating agreement and - unless this federal law States otherwise - by collective agreement neither repealed nor limited are."

8. in article 8, paragraph 8, second sentence is inserted after the word "Gebietskrankenkasse" the phrase "and other statutory wage costs".

9 § 13 together with the header is omitted.

10 13 h eliminates §.

11 paragraph 15 para 2 and 3:

"(2) the Committee consists of the Austrian Federal Economic Chamber, and 20 representatives of 20 representatives of employers (employers group), workers (Group of employees), which are sent by the Federal Chamber of labour. The Committee shall elect from among its members by a simple majority of the votes two Chairmen at the same time, being stewards of the Board, a Chairman of the Group of employers and a Chairman of the Group of workers belongs to. For every Chairman (Chairman), a Deputy is to choose the same group as the Chairman (Chairman) to belong to has.

(3) the Management Board consists of apart from the confusion and their deputies three other representatives of employers and workers, which are sent by the Group of the employer or by the Group of workers of the Committee from among its members."

12 paragraph 16 paragraph 3:

"(3) the legal representation the Urlaubs - und Abfertigungskasse are jointly appointed the two stewards. In absence of an umpire, he is represented by his Deputy. The rules of procedure has to determine in what matters the including Presidency of the Committee and of the Board of Directors is the Chairman."

13 paragraph 19 section 4:

"(4) available to the investment assets of the holiday - und Abfertigungskasse are interest-making as well as in a corresponding to the rules on the investment of Ward money way to create, as far as paragraph 5 not determines otherwise."

14 § 19 the following paragraph 5 is added:

"(5) by derogation from paragraph 4 may be a disposition in the following assets:"



1. in interest-bearing securities issued in euro by Member States, EEA, or 2 in euro-denominated deposits at domestic banks, whose credit standing is considered available as beyond a reasonable doubt. Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in shares and equity funds are not allowed."

15 paragraph 20 paragraph 1:

"(1) a Gebarungsüberschuss arises in a fiscal year for the area of the holiday scheme, so the Committee can decide from this surplus



To improve occupational safety and health protection for persons subject to this federal law, or 2. social institutions for persons governed by this federal law or 3. facilities, that training and continuing education for this federal law subject persons serve 1 measures to promote."

16 the following paragraph 9 is added to § 21a:

"(9) for the licensed employee the employer can pay the surcharges, with the effect that as far as the additional duty of disposing is eliminated. The employer has with the consignor, the workers and the periods for which the surcharges are paid, to describe clearly and to announce the agreed hourly rate underlying the calculation of wage supplements of individual workers. Paid surcharges cast blame liberating for the employer compared to the consignor. As far as the employer for any workers paid the surcharges, his liability in accordance with § 14 of the workforce transfer law (AÜG), Federal Law Gazette No. 196/1988. The employer has to inform the Agency if it intends to pay the wage supplements for licensed workers."

17 the following paragraph 6 is added to § 22:

"(6) the employer has to make use of the automation-supported Web applications of the vacation and severance Fund."

18 paragraph 23 para 2:

"(2) the right of inspection of the holiday - und Abfertigungskasse includes also the access to business documents, referred to in paragraph 1 to determine whether for the activities pursued activities pursuant to article 2 or to activities of mixed farming in accordance with § 3. In addition, the right of inspection of the holiday - und Abfertigungskasse extends according to para 1 also on those records that keep track of payments from the employment relationship the employee leave insofar as these documents and records for establishing the additional duty and the calculation of the supplement power are relevant. "These records include also the wage documents according to section 7 d of the labor contract law adjustment Act (AVRAG), Federal Law Gazette No. 459/1993."

19. in Article 23a, paragraph 3, the following sentence is inserted after the fourth sentence:

"Also the contract documents are among these documents according to § 7 d AVRAG."

20. the text of the previous paragraph is paragraph labeled (1); 23 b 2 and 3angefügt be him following para:

"(2) in the case of total or partial disclosure of construction works within the meaning of article 19 of the law on turnover tax (UStG 1994), BGBl. 1994 no. 663/1994, by one company to another company has the principal of holiday - und Abfertigungskasse request information to give, to which company which works have been disclosed. The granted information anyway, have the complete specification of at least the company name (company), and the business address of the contractor, to include, where appropriate, providing its number and its seat, as well as an exact description of the type of shared work. At the request of the holiday - und Abfertigungskasse the granted information are through documentation, such as contract writing and (partial) invoices show.

(3) in the case of the provision of personnel within the meaning of § 3 AÜG to the performance of construction works within the meaning of § 19 UStG 1994 has the employer of the leave - und Abfertigungskasse requested information about the identity of the licensed employee, which of this activity exercised in the context of the provision and the transfer operation to grant. The granted information anyway, have the full name and surname giving, to include the social insurance number and the social insurance institution of the licensed employee and to describe the activities exercised in the dealing with heritage drive. "At the request of the holiday - und Abfertigungskasse the granted information are through documents, such as licence agreements and (partial) invoices show."

21 paragraph 25:


"Section 25 (1) writes the vacation and severance fund the employer on the basis of his message or on the basis of the calculation according to § 22 para 5 amount, of staff employed as the sum of the charges for which a surcharge period stands to make. This amount is due on the 15th of month following second the charge period. The notices of payment due for reasons which do not lie with the employer, later than one month after the end of the contract period, is done so the attributable to this period the surcharges will be charged until two weeks after the notices of payment due. The notices of payment due on the basis of a breach of the obligation of the employer is later than one month after the end of the contract period, the attributable to this period amount of surcharges shall become immediately due.

(1a) the employer violated its obligation, a flat-rate compensation is to cover administrative costs resulting from the breach of the obligation by the employer to impose. The flat-rate compensation is 800 euros for every testing application as well as 500 euros for each worker affected by the violation of the reporting requirement. The holiday - und Abfertigungskasse may reduce the lump-sum compensation reasons worthy of consideration or adopted.

(1B) the employer within 14 days after the notices of payment due objects whose inaccuracy, so the vacation and severance Fund has to consider these objections and to correct the notices of payment due, if it has determined the accuracy of the objections and the amount supplement performance of still any calculation of the vacation fee, the severance pay or handling was applied.

(2) the employer of the obligation to pay the amount referred to in paragraph 1, paragraph 1a or 1 comply with b not on time or not in the prescribed amount, so the vacation and severance Fund has to ask the employer to pay the arrears within two weeks. From the due date, interest at a rate of 7% are p.a. to prescribe. Holiday - und Abfertigungskasse may reduce the interest reasons worthy of consideration or adopted.

(3) the employer of this call not or only partly consequence, does the vacation and severance Fund has to recovery of amounts not timely paid a late pass to be issued. This card has the name and the address of the debtor, the arrears amount, the type of residue together with the supplementary fees and lump-sum compensation, to contain the supplement period, accounting for the backward charges, and any prescribed interest. The employer at the time of the execution of the residue pass of its obligations relating to the payment of interest pursuant to § 8 section 6 is not fulfilled, so this can be recorded in the residue pass. The vacation and severance Fund has to note that the residue pass is not subject to an instance that is inhibiting the enforceability on the card. The residue is execution title in the sense of § 1 of the execution order.

(4) as allowance the holiday - und Abfertigungskasse can record a lump-sum reimbursement for the administrative expenses due to the introduction and implementation of compulsory collection in the residue pass with the exception of the administrative or the judicial path to speaking to. The claim on the costs of the administrative or the judicial path to speaking to is not affected. The flat-rate reimbursement of costs is 0.5 vH of the amount to be driven, but at least 1.50 euros. Replacement can be prescribed only once for the same duty. Any attorney's fees of the proceedings to the vindication of the surcharges may be run as they in the proceedings on appeal only as far as claimed.

(5) an objection to the residue identification referred to in paragraph 3 is to introduce by the employer in the district administrative authority. It has to decide about the correctness of the notices of payment due with notice.

(6) the employer denies the notices of payment due in accordance with paragraph 1 the grounds not to fall, or, within the scope of this federal law that for the eligible employment this federal law applies to the district administrative authority at the request of the holiday - und Abfertigungskasse has first, but no later than one month after receipt of the application by a decision to determine whether the employer is subject to the provisions of this Federal Act , or whether this Federal Act shall apply for eligible employment.

(7) the Governor will decide appeals against a communication pursuant to subsection 5 or 6. Subject-matter of the proceedings is the question of whether the employer is subject to the provisions of this Federal Act or for eligible employment this federal law applies, he ends up administrative appeal at the Federal Ministry of labour, Social Affairs and consumer protection; It has, if at the same time, the amount of residue is disputed, even to decide.

"(8) holiday - und Abfertigungskasse transfers in administrative recovery not timely paid surcharges is granted (section 3 para 3 of the administrative enforcement Act 1991, BGBl. No. 53)."

22 section 27 together with the header is omitted.

23. in article 31, paragraph 1 first sentence is inserted after the word "Economy class" the phrase "and time of login and logout the employee".

24. According to article 31, the following article 31a and heading is inserted:

"Construction site database

§ 31a. (1) which has Urlaubs - und Abfertigungskasse to build a site database for the purpose of gathering and facilitating control of construction sites. For this purpose, it is entitled, in the messages according to § 6 of the construction work coordination Act (BauKG), Federal Law Gazette I No 37/1999, and § 97 para 1 ArbeitnehmerInnenschutzgesetzes, Federal Law Gazette No. 450/1994 in connection with article 3 par. 1 to 4 and 6 of the construction worker protection Ordinance (BauV), Federal Law Gazette No. 340/1995, as amended by regulation BGBl. II No. 3 / 2011, to process data and the data collected during construction site inspections. The vacation and severance Fund has to make an application available for the reporting of the message. With regard to the site database the vacation and severance Fund, the Labour Inspectorate and the transport Labour Inspectorate of joint contracting authorities pursuant to section 4 are of the data protection Act 2000 (DSG 2000), Federal Law Gazette No. 4 No. 165/1999.

(2) for the purpose of controlling of construction sites are entitled to inspect in the site database on automation-supported way. the tax authorities of the Federation and the health insurance carrier"

25. in article 32, paragraph 1, Z 3a is inserted after the word "Employer" the phrase "or principal or employer".

26 paragraph 33 g is added the following paragraph 5:

"(5) the employer has to make use of the automation-supported Web applications of the vacation and severance Fund."

27 paragraph 33 h para 1:

"(1) the §§ 21a applies to the payment of surcharges, 22 para 4 to 5, 23, 23a, 23B par. 2 and 3, 25 para 1 and 2 with the proviso that as the statutory normal working time or by standards of collective legal design set shorter standard working time within the meaning of § 21a 4 normal working hours to apply to the respective employment according to the status of contract of employment is."

28 § 40 shall be added following paragraph 16 to 18:

"(16) the heading to section I and paragraphs 1 to 3, § 2 para 1 lit g, para 2 lit g and para 2a lit. b, section 3a, § 3b, section 8 par. 8, § 15 para 2 and 3, § 16 para 3, § 19 para 4 and 5, § 20 para 1, § 23 para 2, § 23a para 3, § 23b, § 25, § 31 para 1, § 32 para 1 Z 3a and article 33 h para 1 as amended by Federal Law Gazette I no. 51/2011 apply with August 1, 2011. section 21a paragraph 9 in the version of Federal Law Gazette I 51/2011 is no. in force on January 1, 2012. I no. 51/2011 apply 33 g of paragraph 5 in the version of Federal Law Gazette § 22 paragraph 6 and section with 1 January 2014. I no. 51/2011 contact article 13 together with the heading, § 13 h and section 27 and heading as amended by Federal Law Gazette July 31, 2011 except force. Article 25 in the amended by Federal Law Gazette I no. 51/2011 applies to rectification procedure of contract notices of payment due, if the employer shall the request for correction of the notices of payment due the extra power to abdicate after 31 July 2011 at the vacation and severance Fund. For pending as at July 31, 2011 — correction procedures according to section 27 in conjunction with § 25 paragraph 7 §§ 27 and 25 are applying paragraph 7 as amended to July 31, 2011.

(17) § 31a and heading as amended by Federal Law Gazette I no. 51/2011 effective with the time, which the Federal Minister for labour, Social Affairs and consumer protection through regulation as those notes from the available technical means (building site database) to capture the messages provided for in § 31a are suitable. He may fix 1 January 2012 at the earliest with this time.

(18) for the term of Office running until September 2012 the Committee has to choose the Deputy Chairman (stewards) from among the Board members."

Article 2

Change of ArbeitnehmerInnenschutzgesetzes


The employee, Federal Law Gazette No 450/1994, as last amended by Federal Law Gazette I no. 3/2009 and regulation Federal Law Gazette II No. 221/2010, is amended as follows:

1 97 para 1 the following sentence is added to §:

"For the purpose of controlling of construction sites is the message also to the Bauarbeiter Urlaubs - und Abfertigungskasse (§ 14 of the Bauarbeiter Urlaubs - and clearance Act - BUAG, BGBl. No. 414/1972) to deliver."

2. § 97 the following paragraph 8 is added:

"(8) messages can be made electronically according to para 1, 6 and 7 using Web application."

3. § 131 the following paragraph 8 is added:

"(8) Article 97, paragraph 1 last sentence and paragraph 8 in the version of Federal Law Gazette I no. 51/2011 effective with the time, which the Federal Minister for labour, Social Affairs and consumer protection through regulation as those notes from the available technical means for the collection are 6 and 7 messages provided for in § 97 para 1,." He must assess at the earliest with January 1st, 2012 this time."

Article 3

Change of the construction work coordination Act

The construction work coordination Act, Federal Law Gazette I. No. 37/1999, as last amended by Federal Law Gazette I no. 3/2009, is amended as follows:

1 § 6 para 2 are attached the following records:

"For the purpose of controlling of construction sites is the notice on the Bauarbeiter Urlaubs - und Abfertigungskasse (§ 14 of the Bauarbeiter Urlaubs - and clearance Act - BUAG, BGBl. No. 414/1972) to deliver." The notice to the Labour Inspectorate and the Bauarbeiter Urlaubs - und Abfertigungskasse can be made electronically using the Web application."

2. § 11 the following paragraph 5 is added:

"(5) § 6 para 2 penultimate and last sentence as amended by Federal Law Gazette I no. 51/2011 force with the time in which the Federal Minister for labour, Social Affairs and consumer protection through regulation as those notes from the available technical means for detecting the notice in accordance with § 6 are suitable. He must assess at the earliest with January 1st, 2012 this time."

Article 4

Amendment of the labour inspection Act 1993

The 1993 labour inspection Act, Federal Law Gazette No. 27/1993, as last amended by Federal Law Gazette I no. 93/2010, is amended as follows:

1. Article 20 shall be added following paragraph 8 and 9:

"(8) the Labour Inspectorate has the right to build Web applications for electronic messages in the sense of § 97 para 8 of the ArbeitnehmerInnenschutzgesetzes - after, BGBl. No. 450/1994 as amended, and electronic notice in the sense of § 6 para 2 last sentence of the construction work coordination Act - BauKG, Federal Law Gazette I no. 37/1999 amended, the Bauarbeiter Urlaubs - und Abfertigungskasse (§ 14 of the Bauarbeiter Urlaubs - and clearance Act - BUAG" , Federal Law Gazette No. 414/1972 as amended) to take. The Labour Inspectorate is also entitled to take the Bauarbeiter Urlaubs - und Abfertigungskasse to operate these Web applications, as well as to the processing of data from these messages and notice claim.

(9) the inspectorates have in accordance with the national provisions with the authorities of other Member States of the European economic area, which are responsible for the monitoring of compliance with worker protection regulations or can provide information, whether a / e employer the worker protection regulations to comply with, to work together and have the right to give information to reasoned requests from authorities of other Member States. The granting of assistance to these authorities is carried out free of charge. The inspectorates shall be entitled to notify the competent labour inspectorates in other Member States of the European economic area if an employer domiciled in these Member States do not comply with the worker protection legislation in Austria."

2. § 25 the following paragraph 6 is added:

"(6) § 20 paragraph 8, first sentence, and paragraph 9 as amended by Federal Law Gazette I no. 51/2011 effective with August 1, 2011." § 20 para 8 second sentence as amended by Federal Law Gazette I no. 51/2011 with the time enter into force, which the Federal Minister for labour, Social Affairs and consumer protection through regulation as those notes from the available technical means for detecting the messages pursuant to § 97 para 1, § 6 are suitable BauKG 6 and 7 after and the notice in accordance with. He must assess at the earliest with January 1st, 2012 this time."

Article 5

Amendment of the transport labour inspection Act 1994

The transport labour inspection Act 1994, BGBl. No. 650/1994, as last amended by Federal Law Gazette I no. 22/2010, is amended as follows:

1. section 20 be added following paragraph 10 and 11:

"(10) the transport Labour Inspectorate is entitled to build Web applications for electronic messages in the sense of § 97 para 8 of the ArbeitnehmerInnenschutzgesetzes - after, BGBl. No. 450/1994 as amended, and electronic notice in the sense of § 6 para 2 last sentence of the construction work coordination Act - BauKG, Federal Law Gazette I no. 37/1999 amended, the Bauarbeiter Urlaubs - und Abfertigungskasse (§ 14 of the Bauarbeiter Urlaubs - and clearance Act - BUAG" , Federal Law Gazette No. 414/1972 as amended) to take. The transport Labour Inspectorate is also entitled to take the Bauarbeiter Urlaubs - und Abfertigungskasse to operate these Web applications, as well as to the processing of data from these messages and notice claim.

(11) the traffic Inspectorate has in accordance with the provisions of national authorities of other Member States of the European economic area, which are responsible for the monitoring of compliance with worker protection regulations or can provide information, whether a / e employer that complies with occupational safety regulations, to cooperate and is entitled to provide information on reasoned requests from authorities of other Member States. The granting of assistance to these authorities is carried out free of charge. The transport Labour Inspectorate is entitled to notify the competent labour inspectorates in other Member States of the European economic area if an employer domiciled in these Member States do not comply with the worker protection legislation in Austria."

2. the following paragraph 6 is added to § 26:

"(6) § 20 paragraph 10, first sentence, and paragraph 11 in the version of Federal Law Gazette I no. 51/2011 effective with August 1, 2011." § 20 para 10 second sentence as amended by Federal Law Gazette I no. 51/2011 with the time enter into force, which the Federal Minister for labour, Social Affairs and consumer protection through regulation as those notes from the available technical means for detecting the messages pursuant to § 97 para 1, § 6 are suitable BauKG 6 and 7 after and the notice in accordance with. He must assess at the earliest with January 1st, 2012 this time."

Fischer

Faymann