Change Of The Labour Market Policy Financing Act And Insolvency Payment Assurance Act

Original Language Title: Änderung des Arbeitsmarktpolitik-Finanzierungsgesetzes und des Insolvenz-Entgeltsicherungsgesetzes

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39. Federal Act to amend the Labour Market Policy-Finance Act and the Insolvency-Remuneration Assurance Act

The National Council has decided:

Article 1

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In Section 1 (1) (1) (2) and (2) (2) Z 9, the expression "Economy and Work" as well as in § 3 (1) and § 9 of the expression "Labour and Social Affairs" in each case by the expression "Labour, Social Affairs and Consumer Protection" and in § 9, the expression ", with regard to § 6 (2) of the Federal Minister for the Environment, Youth and Family," by the expression "and" replaced.

2. § 1 para. 2 Z 2 reads:

" 2.

for financial services in accordance with the second part, 3. Main piece AMSG, "

3. § 2 (8) reads:

" (8) For persons subject to compulsory insurance and the 58. As from 1 June 2011, the unemployment insurance contribution shall be borne from the beginning of the calendar month following the attainment of that age, from unemployment insurance funds. From 1. January 2016 is for people who are subject to compulsory insurance and the 58. The unemployment insurance contribution shall be completed from the date of the beginning of the calendar month following the achievement of this age, from unemployment insurance funds. From 1. January 2018 is for persons subject to compulsory insurance and the 57. The unemployment insurance contribution shall be completed from the date of the beginning of the calendar month following the achievement of this age, from unemployment insurance funds. "

4. § 10 para. 39 reads:

" (39) § 2 para. 8 in the version of the Federal Law BGBl. I n ° 90/2009 shall enter into force on 1 September 2009 and with the expiry of 30 June 2011. '

(5) The following paragraph 42 is added to § 10:

" (42) § 1 (1) (2) and (2) (2) (2) and (9), § 2 (8), § 3 (1), § 9, § 14, including the title and § 15 together with the title and section 39 in the version of the Federal Law BGBl. I No 39/2011 will enter into force on 1 July 2011. '

6. According to § 13, the following § § 14 and 15 together with the headings are inserted:

" Transfer to the insolvency fee fund

§ 14. (1) The Federal Minister of Labour, Social Affairs and Consumer Protection has contributed to the insolvency fee fund as a temporary contribution to the fulfilment of its obligations in the years 2011 to 2015 Medium from the building of labour market policy to the extent of in each case, 41 vH of the additional measures to be made available on the basis of the new regulation of § 2 paragraph 8.

(2) The funds concerned are to be dealt with in December and, in the following September, to be taken into account on the basis of a separate calculation of the main association of Austrian social insurance institutions. The difference between the abetting and the actual revenue recorded during the settlement is to be expected with the next subsequent abetting against. Federal receivables or liabilities to the insolvency fee fund arising from the settlement for 2015 shall be corrected immediately.

Supply to the labour market backlog

§ 15. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection has, in order to ensure the financing of special labour market policy projects, in particular for young people, women and the elderly in the years 2011 to 2015, funds to the extent of in each case 41 vH of the additional additional measures of the labour market in accordance with § 50 AMSG obtained on the basis of the new regulation of § 2 para. 8.

(2) The funds concerned are to be dealt with in December and, in the following September, to be taken into account on the basis of a separate calculation of the main association of Austrian social insurance institutions. The difference between the abetting and the actual revenue recorded during the settlement is to be expected with the next subsequent abetting against. Above-or underdoings of the labour market return resulting from the settlement for the year 2015 shall be corrected immediately. "

Article 2

Amendment of the Insolvency-Remuneration Assurance Act

The Bankruptcy-Remuneration Assurance Act, BGBl. No. 324/1977, as last amended by the Federal Law BGBl. I No 24/2011, is amended as follows:

1. In § 5 (2), § 13 (1), § 14 (4) and § 14a (1), the expression " "Economy and Work" and in section 18 (3) (1), (2) and (6) of the expression "Labour and Social Affairs" in each case by the expression "Labour, Social Affairs and Consumer Protection" replaced.

2. § 12 reads:

" § 12. (1) The expenditure of the insolvency fee fund shall be contended:

1.

Funds allocated to the insolvency fee fund on the basis of the above claims (§ 11),

2.

Receipts of fines imposed in accordance with Section 16 (1),

3.

Interest from the movement of money,

4.

a surcharge to be paid by the employer to the proportion of the unemployment insurance contribution to be paid by the employer in accordance with § 2 of the Labour Market Policy-Financing Act (AMPFG), BGBl. No 315/1994,

5.

Funds arising from the labour market policy in accordance with § 14 AMPFG and

6.

Other the funds infused with the insolvency fund .

(2) The employers of persons within the meaning of Section 1 (6) shall not be required to pay a surcharge for these persons in accordance with Section 1 (4). No surcharge for apprentices is to be paid for the entire teaching period. For people who are the 60. from the beginning of the following calendar month, no surcharge shall be paid.

(3) The surcharge provided for in paragraph 1 (1) (4) shall, unless otherwise provided by law, be determined by the Federal Minister for Labour, Social Affairs and Consumer Protection by means of a regulation in such a way as to ensure a balanced building of the insolvency fee fund is. The Federal Minister for Labour, Social Affairs and Consumer Protection has awarded the contract

1.

, where the estimated cost of the current year or the following year is not covered, taking into account any reserves and the credit facilities provided for in Article 13 (3),

2.

, if, taking into account the result of the balance sheet for the previous year and the expected financial statements of the current year and the following year, a surplus is obtained, the 20 vH of the average Performance over these years exceeds.

(4) The increase in the surcharge provided for in paragraph 3 (1) is to be calculated in such a way that, after the cover of any loans (section 13 (3)), the expected building of the current year and the following year is balanced out according to the estimate. Any credit shall be taken into account only in proportion to the extent to which they are to be covered in the years in question.

(5) § 5 AMPFG Anwen shall apply for the collection and removal of the surcharges pursuant to paragraph 1 Z 4. . The surcharge is to be deducted from an account of the insolvency fee fund (§ 13 para. 6).

(6) The Federal Minister for Labour, Social Affairs and Consumer Protection has to consider annually in the second half of the year whether the conditions for a change in the amount of the allowance in accordance with paragraph 1 Z 4 are met.

(7) The funds of the insolvency fee fund shall be earmarked for the tasks assigned to the law. "

(3) The following paragraph 5 is added to § 19:

" (5) By way of derogation from § 12 (3) and (4), the amount of the supplement fixed at 0.55 vH in the years 2011 and 2012 shall not be changed. A review pursuant to Section 12 (6) has nevertheless to be held; a change in the amount of the supplement shall be determined at the earliest with effect from 2013. "

4. The § § 26 bis § 28 including the headings are:

" Entry into force of the Novelle BGBl. I No 111/2010

§ 26. Section 12 (3) in the version of the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, occurs with 1. Jänner 2011 in force.

Entry into force of the Novelle BGBl. I No 24/2011

§ 27. Section 11 (3) in the version of the wage and social dumping-control law, BGBl. I No 24/2011, will enter into force on 1 May 2011 and shall apply to the facts which will be implemented after 30 April 2011.

Entry into force of the Novelle BGBl. I No 39/2011

§ 28. § 5 (2), § 12, § 13 (1), § 14 (4), § 14a (1), § 18 (3) Z 1, 2 and 6, as well as § 19 (5) in the version of the Federal Law BGBl. I No 39/2011 will enter into force on 1 July 2011. '

Fischer

Faymann