Amendment Of The Aliens Employment Act And The Unemployment Insurance Act 1977

Original Language Title: Änderung des Ausländerbeschäftigungsgesetzes und des Arbeitslosenversicherungsgesetzes 1977

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25. Federal Act to amend the Foreigners Employment Act and the Unemployment Insurance Act 1977

The National Council has decided:

table of contents

Article 1

Amendment of the Foreigners Employment Act

Article 2

Amendment of the 1977 Unemployment Insurance Act

Article 1

Amendment of the Foreigners Employment Act

The Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 1 para. 2 lit. l is:

" l)

aliens who enjoy free movement of workers on the basis of a legal act of the European Union; "

2. § 1 para. 2 lit. m is:

" m)

Spouse and minor children (including adoptive and stepchildren) of Austrian nationals who are established in accordance with the Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I No 100/2005. '

3. § 1 (5) shall be deleted.

4. § 2 para. 3 lit. a is:

" (a)

in the case of a worker-like employment relationship (para. 2 lit. (b) the contracting party, "

5. § 2 (5) deleted.

6. In § § 3 (1) and (2) and (15) (6), the term " "Establishment authorisation-unrestricted" by the expression "Red-White-Red-Card plus" replaced.

7. § 3 (6) reads:

" (6) The employer shall have the confirmations or confirmations issued to him in accordance with this Federal Act, the foreigner of the confirmations or confirmations granted to him under this Federal Act and according to the NAG at his place of work. To keep inspection ready. "

8. § 3 (8) reads:

" (8) The regional office of the Labour Market Service has foreigners who are excluded from the scope of this federal law pursuant to § 1 (2) or pursuant to a regulation pursuant to § 1 (4) of the scope of this Federal Law, upon the application of which a confirmation of this "

9. § 4 reads:

" § 4. (1) An employer shall, upon request, grant an employment permit for the foreigner indicated in the application if the situation and development of the labour market permits employment (labour market examination), important public and not to stand up to macroeconomic interests and

1.

the foreigner about a right of residence according to the NAG or the Foreign Police Act 2005 (FPG), BGBl. I No 100, which does not exclude the exercise of employment, or has been admitted to the asylum procedure for three months and has a factual deportation protection or a right of residence in accordance with § § 12 or 13 Asylum Act 2005, or in accordance with § 46a FPG is condoned and most recently according to § 1 para. 2 lit. a has been excluded from the scope of this Federal Law,

2.

the employer is responsible for ensuring that the employer complies with the conditions of pay and working conditions, including the provisions of social insurance law;

3.

there are no important reasons in the person of the country of residence, such as repeated infringements resulting from the exercise of an employment without an employment permit during the last twelve months,

4.

the employment, unless otherwise specified in this federal law, has not already begun,

5.

the employer has not repeatedly employed foreigners in breach of the provisions of this Federal Law during the last twelve months prior to the application of the application,

6.

the agreement on the intended employment (§ 2 para. 2) not on the basis of one according to the Labour Market Promotion Act, BGBl. No 31/1969, an illicit work placement was established and the employer knew or should have known this

7.

the employer will employ the foreigner at the workplace of his/her holding, and without prejudice to Article 6 (2), the provision of the foreigner to a third party shall not be regarded as an employment in his/her own establishment,

8.

the declaration of the agreement of the works council or the staff representative of the intended termination of the expo; and

9.

the employer does not have a job or a comparable job within six months before or during the application

a)

a worker who is the 50. Year of life has been terminated, or

b)

the recruitment of a worker who is suitable for the specific job and who is 50 years old. Year of life has been completed,

unless it makes it credible that the dismissal or rejection of the recruitment is not due to the age of the worker.

(2) An employer shall, upon request, grant an employment permit for the foreign apprentice indicated in the application if the situation on the apprenticeship market allows this (labour market examination), no important reasons for the situation and the development of the rest of the labour market and the conditions laid down in paragraph 1 (1) to (9).

(3) The employment permit may only be granted to the employer when the general conditions referred to in paragraphs 1 and 2 are fulfilled if:

1.

the Regional Advisory Council is unanimous in favour of the grant, or

2.

the employment of the exportor appears to be necessary in view of its advanced integration; or

3.

the foreigner holds a residence permit "permanent residence-EC" of another Member State or is already legally established in the federal territory and the conditions for an occupation as a specialist according to § 12a or as a key force in accordance with Section 12b, or

4.

the foreigner spouse or minor child (including the child and adoptive child) of a foreigner according to Z 3 is, or

5.

the foreigner is to be employed for a limited period pursuant to § 5 or

6.

the foreigner is a pupil or student (§ § 63 and 64 NAG) or

7.

the foreigner is a company dispatcher (§ 18) or

8.

the foreigner is a rotational labour force (§ 2 para. 10) or

9.

the foreigner enjoys special protection in accordance with § 69a NAG, or

10.

the foreigner has already been granted an authorisation for cross-border transfer in accordance with Section 16 (4) of the Labour Force Act (Labour Force Act), or

11.

the employment is to be carried out on the basis of an intergovernmental agreement, or

12.

the foreigner belongs to a group of persons, for which an employment permit may also be issued after the national maximum number has been overtaken (paragraph 1). 4 and § 14 (3)).

(4) Further employment permits may only be granted to foreigners entitled to benefits under the 1977 unemployment insurance act (AlVG), BGBl, after the Bundesmaximum number has been overtaken. No 609, or because of a federal law, generally accepted rules of international law or other intergovernmental agreements, or pursuant to a regulation in accordance with § 14 para. 3, to be admitted to employment.

(5) In the case of an authorisation for cross-border transfer in accordance with Section 16 (4) of the Labour Force Act, the labour market examination in accordance with paragraph 1 and the consultation of the collective contractual bodies of the employers are no longer required. and the employee, the Regional Advisory Council and the Regional Executive Board (Section 20 (2) and (3)).

(6) In the case of the employment of a shareholder in accordance with § 2 (4) (4) (1) (2), the provisions of Section 1 (2) shall be deemed to be fulfilled only if employment does not endanger the wage and working conditions of domestic workers. A risk shall be assumed if the income of the shareholder, commencing with the commencing of his activity, is less than the local remuneration of domestic workers who carry out comparable activities.

(7) The labour market examination referred to in paragraphs 1 and 2 shall not apply to:

1.

members of the family referred to in paragraph 3 (4), provided that they are legally established in the territory of the Federal Republic of Germany for twelve months

2.

Pupils and students (§ § 63 and 64 NAG) for an employment, which is ten hours a week and after the completion of the first part of a diploma course or diploma course. does not exceed 20 hours per week after completing a Bachelor's degree,

3.

Graduates (§ 12b Z 2),

4.

Professionals with regard to employment in a mangled occupation set out in the skilled labour regulation (§ 13),

5.

Foreigners who enjoy special protection (par. 3 Z 9), and

6.

registered fixed-term workers (§ 5 para. 1). "

§ 4b (1) second sentence reads:

" Among the available aliens are those with entitlement to benefits from unemployment insurance, EEA citizens, Swiss and Turkish association workers, non-nationals with unrestricted access to the labour market and holders of a waived or a work permit. "

11. § 5 together with headline reads:

" Foreigners employed on a temporary basis

§ 5. (1) Foreigners who in the calendar years 2006 to 2010 in the same branch of industry each at least four months in the framework of contingents pursuant to § 5 paragraph 1 Z 1 in the version of the Federal Law BGBl. I n ° 135/2009, may be registered with the regional offices of the Labour Market Service for further employment in this sector by 30 April 2012. For these registered non-nationals registered for a limited period of time, employment permits in the relevant economic sector may be valid for a maximum period of six months, but only for a total duration of ten months, per calendar year, shall be granted. The examination of the labour market on a case-by-case basis is not required (Section 4 (7)

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection may require a temporary additional labour force, which is neither from the national available labour force potential nor with EEA citizens, Swiss nationals and according to paragraph 1. Registered temporary workers can be covered by Regulation

1.

for a temporary admission of foreign workers in a given economic sector, in a particular occupational group or region, or

2.

for the short-term admission of foreign harvest workers who are entitled to enter the territory of the Federal Republic of Germany in order to enter the territory of the Federal Republic of Germany,

. It must take into account the general situation and development of the labour market, in particular in the relevant sub-labour market, and may, in accordance with Article 13 (4) (4) (1) of the NAG, the maximum number of temporary admitted foreign workers in the labour market in the shall not exceed the annual average. Time-limited exceedances are permitted.

(3) The Länder and the representations of interests of employers and employees at the country level shall be heard before the setting of quotas in accordance with paragraph 2.

(4) In the framework of quotas referred to in paragraph 2 (1) (1), the granting of employment permits may be granted for a period of not more than six months. For non-nationals who have already been employed under a quota for the temporary admission of foreign workers in the agricultural and forestry sector during the previous three years, and which have already been granted a quota for the duration of the temporary admission of foreign workers to the Transitional provisions on the free movement of workers (Section 32a) may be granted in this sector of activity for employment up to a total period of nine months. For each foreigner, employment permits may only be granted for a total period of 12 months within 14 months. The employment of foreigners who are already entitled to stay in the territory of the Federal Republic of Germany is preferred.

(5) In the framework of quotas referred to in paragraph 2 (2) (2), employment authorisations may be granted for a period of not more than six weeks.

(6) For foreigners recruited for the first time for employment under quotas for the temporary admission of foreign workers and for the short-term admission of foreign harvest workers from abroad, the following shall be: Only with a unanimous endorsement of the Regional Advisory Council will be granted.

(7) A foreign police safety certificate (Section 31 (2) of the FPG) is to be submitted to foreigners who are entitled to enter the visa-free movement before issuing the employment permits within the framework of quotas referred to in paragraph 2. With the submission of this certificate, § 4 paragraph 1 Z 1 shall be deemed to be fulfilled. "

12. § § 8 (2) and (9) (3) shall be deleted.

13. § 9 para. 2 lit. a is:

" (a)

the conditions under which it was granted (section 4 (1) to (3)) have substantially changed or the circumstances declared in the sense of § 4 (1) are no longer applicable, "

14. § 11 (1) and (2) are:

" (1) If an employer intends to employ a foreigner who does not have a right of residence in accordance with Article 4 (1) (1) (1) (1), he must issue a certificate of protection on application if all the other conditions for the grant of a foreigner are to be issued by an employer. The employment permit (§ 4) is fulfilled and, if the foreigner is to be admitted to a quota (§ 12 NAG) or within the scope of a quota according to § 5, a quota and/or a quota is fulfilled. Quota space exists. For the approval of key forces (§ § 12 to 12c), which do not have a right of residence pursuant to § 4 paragraph 1 Z 1, the admission procedure shall apply in accordance with § 12d.

(2) The security certificate shall be used for submission to the representative office abroad, or in the case of the competent authority of the NAG, and the name and address of the employer, the name, date of birth, nationality, address and intended professional activity of the host, and the intended duration of the The employment permit must be included. The regional office of the Labour Market Service shall inform the competent representative authorities on a regular basis of the issue of security certificates, indicating the data referred to above. "

15. § 11 (5) reads:

"(5) The security certificate may be revoked if the circumstances under which it was issued have substantially changed."

16. In § 11 para. 6, the quote shall be "§ 4 (7)" by quoting "§ 4 (4)" replaced.

Section IIa, together with the headline, reads:

" Section IIa

Criteria-led approval of key forces

Highly qualified

§ 12. Particularly highly qualified foreigners who have the minimum number of points required for the Annex A , and have received a six-month temporary residence visa to seek work pursuant to Section 24a of the FPG, before the visa expires, a key force shall be admitted to employment if the intended employment is their qualification and the other criteria relevant to the issuance of the visa, and the conditions set out in § 4 (1), with the exception of Z 1, are satisfied. The examination of the labour market in individual cases is not

Skilled workers in Mangeloccupations

§ 12a. Foreigners are admitted to employment as a specialist in a manly occupation as defined in the skilled labour regulation (§ 13), if they

1.

have been able to demonstrate a relevant completed vocational training

2.

the minimum number of points required for the Appendix B to meet these criteria,

3.

for the intended employment, receive the minimum fee for which they are subject by law, regulation or collective agreement, plus an overpayment in the normal way of operation; and

according to the requirements of § 4 (1) with the exception of Z 1. The examination of the labour market in individual cases is not

Other key forces and graduates

§ 12b. Foreigners will be admitted to employment as a key force if they

1.

the minimum number of points required for the Annex C for the intended employment, receive a monthly gross charge of at least 50 vH or, provided that it is the 30. In accordance with § 108 (3) of the General Social Insurance Act (ASVG), BGBl, at least 60 vH of the monthly maximum contribution basis exceeded the monthly maximum contribution basis. No 189/1955, plus special payments, or

2.

a diploma course, at least from the second part of the study, or a master's degree in a domestic university, a university of applied sciences or an accredited private university, and has successfully completed it and for the intended employment which corresponds to its level of training, a gross monthly salary corresponding to at least the local salary of employed graduates with a comparable activity and professional experience, but at least 45 vH of the monthly maximum contribution basis in accordance with § 108 (3) of the ASVG, plus special payments,

and in accordance with the requirements of § 4 (1) with the exception of Z 1. In the case of graduates according to Z 2, the labour market examination is no longer required.

Blue card EU

§ 12c. Foreigners are admitted to employment as a key force if they have a degree in tertiary education with a minimum duration of three years, employment equivalent to that of a tertiary education institution. Gross annual salary corresponding to one and a half times the average Austrian gross annual salary of full-time employees published by the Bundesanstalt "Statistik Österreich", and the terms and conditions of the gross annual salary § 4 (1) with the exception of Z 1.

Authorisation procedure

§ 12d. (1) Prior to the issue of a residence visa for a job search, the Landesoffices of the Vienna Labour Market Service (Central Contact Point) must examine the documents submitted pursuant to § 24a FPG and inform the representative authority whether the Applicants the requirements of § 12 iVm Annex A is fulfilled. Before issuing a red-and-white-red card (Section 41 (1) of the NAG), the regional office of the particularly highly qualified competent regional office of the competent authority in accordance with the NAG shall confirm that the particularly high-skilled person is due to: of the employment contract to be submitted, which corresponds to its qualification and to the other criteria applicable to the issue of the residence visa. If these conditions are not met, the regional office shall refuse authorisation and submit the relevant communication immediately to the competent authority in accordance with the NAG for delivery to the employer and the foreigner.

(2) Experts, other key staff and graduates have the request for a red-and-white-red card (§ 41 paragraph 2 NAG) together with a written declaration by the employer, the employment conditions specified in the application. , to comply with the competent authority of the NAG. If it is not rejected in accordance with Section 41 (3) (1) or (2) of the NAG, the applicant shall immediately apply the application to the regional office of the Labour Market Service responsible for the examination of the respective employer's premises, which is responsible for the employment of the employer. Authorisation requirements must be submitted. The Regional Advisory Board shall consult the Regional Advisory Council and, within four weeks of the NAG competent authority, shall, in writing, confirm in writing that the conditions for the approval of the Regional Advisory Board shall be met.

1.

as a specialist in accordance with § 12a,

2.

as a key force in accordance with § 12b Z 1,

3.

as a key force in accordance with § 12b Z 2 (graduate degree) or

4.

as a key force in accordance with § 12c (prospect person on a "EU Blue Card")

are fulfilled. The competent authority of the NAG shall inform the regional office of the issuing of a red-and-white-red card or of a Blue Card EU, indicating the period of validity of the card. If the conditions are not fulfilled, the regional office must refuse authorisation and forward the relevant communication to the competent authority of the NAG for delivery to the employer and to the foreigner.

(3) The admission in accordance with § § 12 to 12c shall apply to employment at the employer specified in the application in the entire Federal territory. The regional office of the Labour Market Service shall immediately check the social security application after the start of the employment. If these do not comply with the conditions governing the admission, the competent authority of the NAG shall be notified (Section 28 (6) of the NAG). In the event of an employer change before issuing a red-and-white-red-card plus (§ 41a NAG), the provisions of paragraphs 1 and 2 shall apply in the appropriate way.

(4) The Land Office of the Labour Market Service shall decide upon the appointment of the regional office of the Labour Market Service after consultation of the Regional Executive Board. A further appeal is not permitted.

(5) Before issuing a red-and-white-red card plus (§ 41a NAG), the regional office of the Labour Market Service of the competent authority of the NAG has to confirm, where appropriate, that:

1.

the holder of a red-white-red card within the last 12 months of 10 months;

2.

the holder of a "Blue Card EU" within the last 24 months 21 months

has been employed under the conditions governing the authorisation.

(6) Sections IIc and III shall not apply to the key forces admitted under (1) and (2).

(7) § 24 shall apply to the authorisation of self-employed key forces.

Technical Regulation

§ 13. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection shall, in the event of a longer-term labour demand, which cannot be covered by the labour force available in the country, to secure the economic and social security and economic situation, and Employment status in agreement with the Federal Minister for Economic Affairs, Family and Youth by Regulation for the next following calendar year Mangeloccupations in which foreigners can be admitted as skilled workers in accordance with § 12a. Occupations are considered to be a shortage of occupations for which a maximum of 1.5 job-seekers per notified job vacancy (job vacancy rate) are to be considered. Occupations with an employment rate of up to 1.8 may be taken into account when other objectivable shortterm indicators, in particular increased training activity of holdings, are identified, or where the employment sector in question has a has an above-average increase in wages. The vacancies notified by labour force superlases pursuant to Article 3 (2) of the AÜG are to be identified separately in the determination of the number of job vacancies.

(2) A Board of Directors of the Austrian Labour Market Service in accordance with the provisions of the Labour Market Service Act, BGBl. No 313/1994, the Committee to be established may, in accordance with the conditions laid down in paragraph 1, submit proposals for the determination of mangled occupations. Where agreement is not reached, representatives of employees and employers may make separate proposals. "

18. Section IIb reads:

" Section IIb

Federal Maximum

§ 14. (1) The total number of non-self-employed and unemployed foreigners (Bundeshighest) may be the share of 7 vH in the Austrian labour force potential (total number of non-self-employed and unemployed nationals and foreigners) do not exceed. The average Austrian labour force potential of the previous twelve months is to be used for the determination of the maximum number of federal states. The Federal Minister for Labour, Social Affairs and Consumer Protection has the highest number of German federal states annually to make known.

(2) All foreigners who are subject to the scope of this federal law and who are employed or unemployed are to be counted on the maximum number of the Federal Republic of Germany. The foreign artists employed in accordance with § 3 (5) are exempt from the credit transfer, the foreign artists employed in accordance with § 3 (5) and the foreign artists employed in accordance with § 3 (5). The statistics on labour market data published monthly by the Austrian Labour Market Service and on the foreigners subject to authorisation are calculated for the calculation of the degree of exhaustion and overdrawing of the maximum number of federal states. to use.

(3) The Federal Minister of Labour, Social Affairs and Employment shall be entitled to grant security certificates and employment permits up to a maximum extent of 8 vH at the Austrian labour force beyond the maximum number of the Federal Republic of Germany. Consumer protection by means of a regulation for individual groups of persons in whose employment public or macro-economic interests exist. The Regulation may include a certain period of validity of the permits for employment, a maximum amount for all cases of overdraft, or a certain number of maximum numbers for individual groups. "

19. § 17 reads:

" § 17. (1) Foreigners who

1.

via a red-white-red-card plus (§ 41a NAG) or

2.

on a residence permit entitled "Permanent residence-EC" (§ 45 NAG)

, are entitled to pursue employment throughout the territory of the Federal Republic of Germany.

(2) In the cases of Section 49 (3) of the NAG, the labour market service of the competent authority of the NAG has to confirm, before issuing a red-white-red-card plus, a continuous admission to an employment of twelve months. "

20. In § 20 (2), the word order shall be deleted "in the case of quota overdrawing and exceeding fixed national ceilings" .

21. § 22 (1) reads:

" (1) The Ausländerausschuss (Ausländerausschuss) is, in addition to the provisions of this Federal Act, also in all other matters of foreign employment of fundamental importance, including the international affairs of labour migration and of the EU migration law. "

22. § 26 (4) last sentence reads:

"The foreigners shall be informed in an appropriate manner about their claims in accordance with § 29 and the possibilities of the assertion and shall immediately be handed over to the Tourist Office or the nearest security service."

23. § 26 (5) reads:

"(5) The employer has the competent regional office of the Labour Market Service within three days of the beginning and end of the employment of foreigners who are subject to this federal law and do not have a residence permit" permanent residence. EC "to report."

(24) The following paragraph 6 is added to § 26:

" (6) A company which passes on the provision of a service to another company in whole or in part shall require the company to request employment before commencement of employment, within a week of the following Federal Act to prove the necessary allowances for the employed foreigners. If the commissioned company does not comply with this request in due time, the company will immediately notify the Central Coordination Office for the illegal employment of the Federal Ministry of Finance. "

25. § 27a (3) reads:

" (3) The competent authority in accordance with the NAG shall have the national office of the labour market service for the determination of the utilization of the maximum number of federal states up to the 15th of December. of one month, the following data are provided free of charge in a form which is technically suitable for the labour market service:

1.

the name, date of birth, sex and nationality of all foreigners who received a "Red-White-Red-Card", a "Blue Card EU", a "Red-White-Red-Card plus" or a residence permit "Permanent residence-EC" during the previous month, and

2.

the period of validity of the residence permit. "

26. In § 28 paragraph 1 Z 1 lit. a will be the parenthesis "(§ 12)" by the parenthesis expression "(§ § 12 to 12c)" and the expression "Right of establishment-unrestricted" (Section 8 (2) (3) of the NAG) "by the term" Red-White-Red-Card plus "(§ 41a NAG)" replaced.

27. In § 28 paragraph 1 Z 1 lit. d becomes the quote "Section 32a (7a)" by quoting "Section 32a (8)" replaced.

Section 28 (6) reads as follows:

" (6) A company which passes on the provision of a service to another undertaking in whole or in part shall be punished, in addition to the authorised undertaking, in accordance with paragraph 1 (1) (1), if:

1.

the surrender of the directly representative or, in the case of the transfer of the order, any further commissioned undertaking has knowingly condoned in the performance of the contract, or

2.

of its obligation pursuant to Section 26 (6). "

29. In Section 28b (3), the quote shall be: "§ 4 (3) (11) and (12)" by quoting "§ 4 (1) (4) and (5)" replaced.

30. § 28b are added to the following paragraphs 5 and 6:

" (5) The Federal Minister of Finance shall inform companies applying for public contracts abroad on request whether they are to be attributed legally binding punishments in accordance with Section 28 (1) (1) (1) of the German Federal Republic of Germany. In the information provided pursuant to Section 30b (3), the number of legally binding punishments pursuant to Section 28 (1) (1) (1) (1) and of the foreigners concerned must be stated. Punishments are no longer to be taken into account in accordance with Section 55 (1) of the VStG.

(6) Paragraph 4 shall also apply to punishments in accordance with Section 28 (6). "

31. According to § 28b, the following § 28c and heading is inserted:

" Judicial punishable acts

§ 28c. (1) Those who, contrary to § 3 paragraph 1, simultaneously employ a larger number of foreigners without a right of residence in the Federal territory or an underage foreigner without a right of residence in the Federal territory, shall be sentenced by the court with imprisonment of up to six months or with a fine of up to 360 days ' rates.

(2) With a term of imprisonment of up to two years is to be punished, who is contrary to § 3 (1)

1.

a foreigner without a right of residence in the federal territory under particularly exploitable working conditions,

2.

a foreigner without a right of residence in the federal territory, of which he knows that he is a victim of trafficking in human beings (§ 104a StGB), using his works or services provided under duress, or

3.

a larger number of foreigners with no right of residence in the federal territory for more than one month

.

(2) The unauthorised employed foreigner is not as a contributing person (§ 12 third case of the Criminal Code-StGB, BGBl. No 60/1974).

(3) The provisions of paragraphs 1 and 2 shall not apply to the extent that the act under other provisions is threatened with the same or more stringent penalty. "

32. § 29 (1) reads:

" (1) Foreigners who are employed without an employment permit contrary to the provisions of this Federal Act shall have the same rights as the holder for the duration of their employment with respect to the farmer who is employed for the duration of their employment as in the case of a person who is employed in the a valid employment contract and a claim to the replacement of the costs of a foreign transfer of the pay. The unauthorised employment shall be deemed to be at least three months if the employer or the foreigner does not prove otherwise. "

33. In accordance with § 29, the following § 29a and heading is inserted:

" Liability of the contracting authority

§ 29a. A company which, in whole or in part, forwards the provision of a service to another company and knowingly tolerates transgressions of a company charged with the provision of this service in accordance with Section 28 (1) Z 1. Obligation pursuant to Section 26 (6) does not comply, is liable in accordance with § 1356 of the General Civil Code (ABGB), JGS No. 946/1811, as a default guarantor for claims on the remuneration of the foreigners employed for the purpose of providing the service, which is the their activity is due under the agreed performance, and to the replacement of the costs of a foreign transfer of pay. "

34. According to § 30a, the following § 30b and headline shall be inserted:

" Exclusion and repayment of public funding

§ 30b. (1) A company may be excluded up to a period of three years from grants from federal funds, including the funds managed by the Federal Government, if the funding amounts to EUR 5 000 each year. , and the company has been repeatedly punished by a final sentence of more than three foreigners at the time when the application was submitted for the unauthorised employment of more than three foreigners. In addition, in the last six months, it has to reimburse within three months, as of the legal force of the repeated punishment, the grant which has been granted.

(2) It shall be clear from exclusion and repayment in accordance with paragraph 1 if the company makes it credible that it has taken concrete technical, organisational or personnel measures that are appropriate for the re-establishment of such measures Prevent criminal acts. Such measures shall, in particular:

1.

the introduction of a high-quality report and control system,

2.

the inclusion of an internal audit institution for the periodic review of compliance with the relevant provisions;

3.

the introduction of internal liability and compensation schemes in order to comply with the relevant rules.

(3) The body which decides on a request for funding in accordance with paragraph 1 shall obtain information from the Central Administrative Criminal Law (Section 28b (5)) prior to the authorization of the request. "

35. The following paragraph 10 is added to § 32:

" (10) Regulations, which are before the entry into force of the Federal Law BGBl. I n ° 25/2011 as a result of Section 12a (2), regulations are to be applied in accordance with Section 14 (3). "

36. § 32a reads:

" § 32a. (1) nationals of the Member States of the European Union, which shall be 1. Jänner 2007 on the basis of the Treaty of Accession of the Republic of Bulgaria and Romania to the European Union (Accession Treaty of Luxembourg), Official Journal of the European Union No. OJ L 157 of 21 June 2005, page 11, of the European Union, do not enjoy free movement of workers within the meaning of Article 1 (2) (l), unless they are nationals of a national resident in the Community by another EEA Member State in accordance with Section 52 (1) (1) to (3) of the NAG.

(2) EU citizens referred to in paragraph 1 shall have unlimited access to the labour market if:

1.

are legally employed in the territory of the Federal Republic of Germany on the day of accession or after accession and have been admitted to the labour market for at least 12 months or

2.

meet the conditions for a exemption certificate (§ 15), or

3.

have been permanently established in the Federal Republic of Germany for five years and have a regular income from permitted gainful employment.

(3) Spouses and registered partners of EU citizens in accordance with paragraph 2 and their relatives in a straight descending line, the 21. They have not yet completed their life year and, if they are provided with such maintenance, have unlimited access to the labour market if they have a common legal residence in the territory of the Federal Republic of Germany.

(4) The right to unrestricted access to the labour market pursuant to para. 2 and 3 shall be confirmed by the regional office of the Labour Market Service. The confirmation is to be obtained before the start of employment. The employer shall keep a copy of the confirmation in the holding ready for inspection. The confirmation shall be issued on departure from the Federal territory from a not only temporary basis.

(5) All EU citizens who are employed in accordance with paragraph (1) of the Federal Republic of Germany on the basis of an employment permit, a work permit, a certificate of exemption or a confirmation in accordance with paragraph 4, and all unemployed persons in accordance with paragraph 1 of this Article shall be set off against the maximum number of the Federal Republic of Germany (§ 14).

(6) For the employment of EU citizens in accordance with paragraph 1 or third-country nationals who are employed by an employer with a registered office in the Republic of Bulgaria or in Romania for the temporary provision of services in a service sector to Austria, for which restrictions on the freedom to provide services in accordance with Article 49 of the EC Treaty (list pursuant to Article 23 of the Act of Accession in Annexes VI and VII) are posted in accordance with point 13 of the transitional arrangements relating to the free movement of persons in the Accession Treaty (list pursuant to Article 23 of the Act of , § 18 (1) to (11) shall apply. In a service sector where restrictions are not permitted, section 18 (12) is to be applied.

(7) The employment of EU citizens in accordance with paragraph 1 posted by an employer with a registered office in an EEA Member State not referred to in paragraph 6 for the temporary provision of services to Austria is Article 18 (12). ,

(8) The statutory presumption and the obligation to obtain a notice of detention pursuant to Article 2 (4) shall not apply to shareholders who are nationals of the Member States of the European Union referred to in paragraph 1. However, the Company's Book Courts have to report the registration of such members in the Company Book of the relevant regional office of the Labour Market Service, provided that they have reason to believe that the partners are working in the In accordance with Section 2 (4), they provide for the company. The regional office has to examine the activity of the shareholder according to its true economic content. The members shall participate in the identification of the facts. If the regional office finds that the activity is subject to the obligation to make a permit under this Federal Act, or if the shareholder does not act within a reasonable period of time in the investigation of the facts, despite the written request, , it has to prohibit employment and to notify the competent authority of the discharge, if there is no such authorization.

(9) Employers who intend to employ EU citizens as specialist or key personnel in accordance with paragraph 1 shall be granted an employment permit on application if the respective admission criteria are met in accordance with Section IIa. Spouses and minor children of such key forces have unrestricted access to the labour market, which is to be confirmed by the regional office of the Labour Market Service.

(10) Citizens of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, the Slovak Republic, the Republic of Slovenia, the Czech Republic and the Republic of Hungary pursuant to this Federal Law, and Confirmations to take up work lose their validity with the expiry of 30 April 2011. "

37. § 34 (36) in the version of the Federal Law BGBl. I n ° 135/2009 shall be replaced by the sales designation "(37)" ; in accordance with paragraph 37 (new), the following paragraphs 38 to 40 are added:

" (38) § § 1 para. 2 lit. l and m, 2 para. 3 lit. a, 3 para. 1, 2, 6 and 8, 4, 4b para. 1, 9 para. 2 lit. a, 11 para. 1, 2, 5 and 6, 15 para. 6, 17, 20 para. 2, 22 para. 1, 26 para. 4 to 6, 27a para. 3, 28 para. 1 Z 1 lit. a and d and d and para. 6, 28b (3), (5) and (6), (28c) together with the title, 29 para. 1, 29a, headline, 30b including heading and 35, and section IIa, together with the heading and annexes A, B and C in the version of the Federal Law BGBl. I No 25/2011 will enter into force on 1 July 2011. § § 5 with title, 32 para. 10 and 32a as well as section IIb in the version of the Federal Law BGBl. I No 25/2011 will enter into force on 1 May 2011. § § 1 (5), 2 (5), 8 (2) and 9 (3) in the version of the Federal Law BGBl. I n ° 135/2009 will be repeal with effect from 30 June 2011.

(39) Regulations according to § 13 in the version of the Federal Law BGBl. I No 25/2011 should not be allowed before 1. January 2012 will be enacted and will not enter into force before 1 May 2012. Without prejudice to section 13 (1) of this Regulation, the Regulation for the first time, which is adopted for the first time, may also be used for the calendar year 2012.

(40) The registration of temporary employment foreigners pursuant to § 5 paragraph 1 in the version of the Federal Law BGBl. I n ° 25/2011 is already permitted from the date of the date of this Federal Law. "

38. § 35 reads:

" § 35. With the enforcement of this federal law are entrusted:

1.

as regards Section 1 (2) (lit). g of the Federal Chancellor;

2.

with regard to Section IIa, to the extent that the NAG authorities are concerned, and with regard to Sections 27 (3) and 27a (3) of the Federal Minister of the Interior;

3.

in respect of Sections 3, 26, 27, 27a, 28a, 28b, 30, 30a and 30b, as far as the tax authorities or their institutions are concerned, the Federal Minister of Finance;

4.

in respect of § § 28c and 29a and with regard to section 32a (8), as far as the company-book courts are concerned, the Federal Minister for Justice;

5.

in respect of all other provisions of the Federal Minister for Labour, Social Affairs and Consumer Protection. "

Article 2

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 111/2010, is amended as follows:

1. In § 7, in paragraph 3, in the Z 2 of the paint and the following word: "and" replaced by one point and the third sentence in paragraph 6 of the word "In the framework of contingents pursuant to § 5 AuslBG temporarily employed" through the phrase "In accordance with § 5 AuslBG temporarily employed" replaced.

2. § 22 (1) reads:

" (1) unemployed persons who have a performance from one of the insurance cases of the old age from pension insurance under the General Pension Act (APG), BGBl. I n ° 142/2004, the General Social Security Act (ASVG), the Industrial Social Security Act (GSVG), BGBl. No 560/1978, the Farmers-Social Insurance Act (BSVG) or the Federal Act on the Social Security of freelancers (FSVG), Federal Law Gazette (BGBl). No. 624/1978, a special ruhegeld according to the Night Shift Heavy Labor Act (NSchG), BGBl. No 354/1981, or receive a rest from a service relationship with a public-law body, or satisfy the eligibility requirements for a pension from one of the insurance cases of age, have no right to Unemployment benefit. The fulfilment of the eligibility requirements for a Korridorpension pursuant to § 4 paragraph 2 APG is entitled to benefits under this Federal Act for a period of one year, at the latest until the eligibility conditions for an early retirement pension with a long period of insurance, not against when the last employment

1.

by dismissal of the employer,

2.

by justifiable early exit,

3.

by unwarranted or otherwise undue dismissal,

4.

by solution during the trial period,

5.

by the time-limit of a fixed-term employment relationship, where there was no indefinite employment relationship with the same employer before the fixed-term employment relationship, or

6.

by consensual resolution, if this

a)

at a time when it was possible to become acquainted with the fact that there will be no adverse effects on unemployment insurance against other types of solutions, or

b)

demonstrably under circumstances which made a standstill of the consensual resolution unreasonable,

finished. "

(3) The following paragraphs 114 and 115 are added to § 79:

" (114) § 7 (3) and (6) in the version of the Federal Law BGBl. I No 25/2011 will enter into force on 1 May 2011.

(115) § 22 (1) in the version of the Federal Law BGBl. I n ° 25/2011 will enter into force on 1 July 2011. "

Fischer

Faymann