Wage And Social Dumping Control Act Lsdb-G

Original Language Title: Lohn- und Sozialdumping-Bekämpfungsgesetz - LSDB-G

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

24. Federal Law, which amalds the Labour Contract Law Adaptation Act, the Insolvency Law on Remuneration, The Land Employment Act 1984, the Labour Force Act on Employment and the General Social Insurance Act (wages and salaries). Social dumping-Control Act-LSDB-G)

The National Council has decided:

Article 1

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I n ° 29/2010, is amended as follows:

1. § 7a (3) reads:

" (3) A posted worker (s) of a employer (s) referred to in paragraph (1) shall, without prejudice to the law applicable to the employment relationship, be entitled to the duration of the posting of workers.

1.

paid leave according to § 2 of the Leave Act (UrlG), BGBl. No 390/1976, provided that the amount of leave is lower in accordance with the legislation of the Member State of origin; after the end of the posting, this worker shall retain the aliquot part of the difference between the aliquot and the duration of the posting. Austria's right to a higher holiday entitlement and the holiday entitlement granted to him/her in accordance with the legislation of the home state; excluding this holiday scheme are employed persons for whom the holiday scheme of the construction worker-holiday- and Abortion Act (BUAG), BGBl. No 414/1972,

2.

the observance of the collective contractual working time arrangements. "

(2) In § 7b (3), the following sentence shall be inserted after the first sentence:

"If this is technically possible, the notification shall be made electronically."

3. § 7b (3) last sentence is deleted.

4. In Section 7b (4) (8), the word order shall be deleted "provided that they are construction works within the meaning of the last sentence of paragraph 2".

5. In Section 7b (5), the parenthesis shall be "(Social Security Document E 101 pursuant to Regulation (EEC) No 1408/71)" by the parenthesis expression "(Social security document E 101 pursuant to Regulation (EEC) No 1408/71, Social Security document A 1, pursuant to Regulation (EC) No 883/04)" replaced.

6. In Section 7b (9), the phrase " or employee (para. 3) " to delete and the phrase "up to EUR 1 200, in the event of repetition from 800 Euro to 2 400 Euro" through the phrase "from EUR 500 to EUR 5 000, in the event of a repetition of EUR 1 000 to EUR 10 000" to replace it.

7. The following paragraph 10 is added to Section 7b (9):

"(10) The sections (1) to (9) also apply to employees who are posted to Austria by an employer/employer based in the Swiss Confederation for the purpose of providing a continued work performance."

8. According to § 7c, the following § § 7d to 7m shall be inserted together with the headings:

" Obligation to keep wage records

§ 7d. (1) Employers within the meaning of § § 7, 7a (1) or 7b (1) shall have the documents required for the verification of the remuneration due to the worker (s) in accordance with Austrian legislation (wage records), in German Language for the duration of the employment of the workers in the workplace (use). In the case of work (use) changing within one working day, the wage records must be kept in place at the first work place (use). If the holding of the documents at the place of work (use) is not reasonable, the documents shall at least be kept in the country and the evidence authority shall be shown to transmit it to the office of responsibility within 24 hours.

(2) If the employer (s) has appointed a person (s) pursuant to § 7b (1) (1) (4) (1) (4), the obligation pursuant to section (1) of the first paragraph shall apply to the person concerned. In the case of a cross-border labour force transfer, the obligation to keep the wage records meets the employee, with the person/s/he/he/he/he/he/he/he/he/s having to provide the documents.

Competence Centre LSDB

§ 7e. (1) For the control of the employee who is not subject to the ASVG/in accordance with the law, ordinance or collective agreement in Austria, the Wiener Gebietskrankenkasse (Regional Sickness Fund) shall be deemed to be a member of the Austrian Federal Republic of Austria. Competence centre for wage and social dumping Combating (Competence Centre LSDB), which has the following tasks in the transferred sphere of action according to the instructions of the Federal Minister of Labour, Social Affairs and Consumer Protection:

1.

Receipt of the results of the survey carried out by the institutions of the tax authorities,

2.

-request the authorities of the tax authorities to carry out specific further surveys to be recorded on the results of the survey,

3.

Reimbursement of the criminal complaint referred to in paragraph 3 above,

4.

Management of the administrative training and exchange of information in accordance with § 7l,

5.

Perception of the party position and the related rights according to § 7i (6).

(2) The expenses of the Competence Centre LSDB are borne by the Federal Government.

(3) If the Centre of Competence LSDB finds that the employer/employee within the meaning of paragraph 1 does not at least comply with the basic wage according to the law, regulation or collective agreement, taking into account the respective classification criteria , it shall be obliged to report to the competent district administrative authority. The advertisement shall be subject to a certain penalty. A copy of the notification shall be communicated to the tax authority for the purpose of recharging of charges.

(4) The LSDB competence centre may be used by the collective contract partners who have concluded the collective agreement applicable to the employee/worker in order to determine the worker's/in compliance with the classification criteria. Listen to the basic wage. If an employer collects substantiated objections against the classification assumed by the LSDB Competence Centre, the LSDB Competence Centre has to consult the collective contract partners. An opinion of the collective contract partners has to be a common one. In so far as the collective agreement does not determine otherwise, the rates of immigration and the remuneration may not be calculated for the purposes of determining the collective contractual base wage.

(5) If the LSDB Competence Centre finds that the underwriting of the wage or salary is small, with due regard to the respective classification criteria, or the fault of the employer or of the employer is negligibly, shall be subject to an indication to the competent district administrative authority, provided that the employer (s) of the worker (s) is the difference between the actual worker and the worker (s) in accordance with the Austrian Legal provisions due to be paid after notification of the Centre of Competence LSDB demonstrably performs within a period to be determined by the Competence Centre LSDB and the underwriting of the basic wage by the employer/employer is carried out the first time. Section 21 (1b) of the Administrative Criminal Law 1991, BGBl. No 52 (VStG) shall not apply.

(6) The LSDB Competence Centre is entitled to commission other territorial health insurance funds with the representation on behalf of the Competence Centre LSDB in front of the District Administrative Authority and the independent administrative offices of the Länder. The underlying cost rate is to be determined by regulation of the Federal Minister of Labour, Social Affairs and Consumer Protection with flat-rate amounts.

Surveys on the control of the basic wage

§ 7f. (1) The institutions of the tax authorities shall be entitled to take control of the employee who is not subject to the ASVG in accordance with the law, regulation or collective agreement in Austria, with due regard for the relevant provisions of the law. to carry out the necessary surveys, and

1.

to enter the premises, operating rooms and external workplaces, as well as the living rooms of the workers, without hindment, and to move on paths, even if this is otherwise prohibited by the general public,

2.

to request information from the persons in question on all the facts relevant to the survey referred to in paragraph 1 where there is reason to believe that these persons are employers or employees, and

3.

consult the documents required for the collection and make copies of these documents. If the control does not take place on the first work (use) place within one working day, the documents must be sent to the control body in a verifiable way within 24 hours. No replacement of expenses is due for the transmission.

(2) The institutions of the tax authorities shall transmit the results of the surveys referred to in paragraph 1 to the LSDB competence centre and, at the request of the LSDB competence centre, have further surveys to be drawn up on the results of the survey results. ,

Determination of transgressions by the institution of the health insurance

§ 7g. (1) If, in the course of his activity, the competent institution of the sickness insurance scheme shall establish that the employer/employer of the ASVG does not at least meet the requirements laid down by law , § 7e (3) to (5) shall apply with the proviso that the competent institution of the sickness insurance institution shall take the place of the LSDB competence centre.

(2) The competent institution of the sickness insurance company is entitled to inspect the documents required for the activity referred to in paragraph 1 and to make copies of these documents. On request, employers shall submit the necessary documents or light-off. No replacement of expenses is due for the transmission.

Determination of transgressions by the construction workers-holiday and terminal office

§ 7h. In the context of its activities, the construction workers ' leave and departure terminal finds that the employer/employee in the sense of Section I BUAG or in the sense of Section 33d BUAG does not at least meet the requirements of the law, collective agreement or § 7e (3), (4), last sentence and 5, with the proviso that the LSDB competence centre is to be replaced by the construction workers ' holiday and deferment fund, is the subject of the regulation.

Criminal provisions

§ 7i. (1) Who, as an employer, is in breach of § 7f (1), access to the premises, operating rooms and external workplaces, as well as the residency of the workers and the associated driving of paths or the granting of Refusing to provide information or hindering or obstructing the inspection of the documents or the inspection, is subject to an administrative surrender and is fined by the district administrative authority with a fine of 500 euros to 5 000 euros, in the To punish repeat cases of EUR 1 000 to 10 000 euro. It is also necessary to punish who, as an employer, refuses to accept or transmit the documents in accordance with Section 7g (2).

(2) Who, as an employer within the meaning of § § 7, 7a (1) or (7b) (1) or as a commissioner within the meaning of Section 7b (1) (4) (4), does not hold the contract documents or as a superiors/in the case of a cross-border Labour force transfer the wage documentation of the employee is not provided, is subject to an administrative surrender and is from the district administrative authority with a fine of 500 euro to 5 000 euro, in the case of a repetition of 1 000 Euro to EUR 10 000 to be punished.

(3) Anyone who has employed or employed an employee as an employer without at least the basic wage which is due in accordance with the law, the regulation or the collective agreement, while respecting the respective classification criteria, is committing an employer. Administrative surrender and shall be punished by the district administrative authority with a fine, provided that the act does not constitute the offence of a criminal offence which falls within the jurisdiction of the courts. If no more than three employees are affected by the lower wage, the fine for each worker is EUR 1 000 to EUR 10 000, and in the event of a repetition of EUR 2 000 to EUR 20 000, more than three workers are affected, Each worker is EUR 2 000 to EUR 20 000 and, in the event of a repetition, EUR 4 000 to EUR 50 000.

(4) Where the district administrative authority finds that the underwriting of the basic wage is small or the fault of the employer or employer is minor, it shall refrain from imposing a penalty, provided that the employer/employer The worker shall, within a period to be determined by the Authority, provide evidence of the difference between the actual payment and the remuneration due to the worker/worker in accordance with the Austrian legislation, and such underwriting of the basic wage by the employer (s) first time. If the LSDB Competence Centre, the responsible health insurance institution or the construction workers ' holiday and terminal box office has not received an advertisement for the first time the basic wage is underwritten, or has the district management authority of the If a penalty is imposed, at least the minimum penalty shall be imposed on the first repetition of the undershooting. In the case of the first and second sentence, § 21 para. 1 VStG shall not be applied. If the employer (s) of the district administrative authority proves that he/she has made the difference between the actual payment and the remuneration due to him/her in accordance with the Austrian legislation, this is the case with the Penalties should be taken into account in a mitigating manner.

(5) The limitation period (§ 31 para. 2 VStG) for administrative transgressions pursuant to para. 3 is one year.

(6) In the cases referred to in paragraph 1, first sentence and paragraph 2, the tax authority, in the cases of paragraph 3 in conjunction with § 7e, has the competence centre LSDB party position; the tax authority and the competence centre LSDB are entitled to take decisions against decisions Appeal and appeal to the Administrative Court.

(7) In the case of paragraph 3 in conjunction with § 7g and in the case of the last sentence of paragraph 1, the competent institution of the health insurance shall come to the party position and the right to appeal against decisions of appeal and appeal to the administrative court to the public.

(8) In the case of paragraph 3 in conjunction with § 7h, the construction workers ' holiday and terminal box office is party position and the right to appeal against decisions of appeal and appeal to the Administrative Court.

(9) In the case of a cross-border posting or transfer of labour, the administrative surrender shall be deemed to have been committed in the sprinkle of the district administrative authority in which the work (use) of the place of work sent to Austria or made redundant shall be deemed to be the case. Workers are at the place of control in the case of changing work places (places of use).

Provision of services

§ 7j. (1) In the sense of § § 7, 7a (1) or 7b (1), the competent district administrative authority shall prohibit the pursuit of the activity forming the subject-matter of the service for a period of at least one year if the employer (s) is responsible for the activities of the employer. Employer/in case of the undershooting of the basic wage of more than three employees or in accordance with § 7i paragraph 3 for the first time or another repetition has been punished by a final legal force.

(2) Those who, in spite of the subsection referred to in paragraph 1, carry out an activity shall be subject to an administrative surrender and shall be punished by the district administrative authority with a fine of EUR 2 000 to 20 000 euros.

Security Performance

§ 7k. (1) If the reasonable suspicion of an administrative surrender is in accordance with § 7i (3) and is due to certain facts, it is to be assumed that the prosecution or the execution of the sentence is due to reasons in the person of the employer or employer The District Administrative Authority may, in the event of a transfer by the employee, be unable or substantially impede, if it is impossible or substantially more difficult for the person of the superiors or the superiors, in the case of a transfer by the person or the person in question. , a part of the work or other work to be paid To impose an exoneration allowance as a security. § 37 VStG shall not be used in such cases, unless otherwise provided for in this provision.

(2) The entire fee to be paid for the performance of the order or for the transfer shall be deemed to be a working wage or an overdue charge.

(3) The transfer as referred to in paragraph 1 shall have the effect of exemption from debt for the payer (s) in relation to the contractor (s) or the transferee (s) in the extent of the transfer.

(4) The security must not be less than EUR 5 000, except for the case referred to in the second sentence, and should in no case be higher than the maximum amount of the fine imposed. If the working wage or the transfer fee is less than EUR 5 000, the security must not exceed the amount of the work wage or the transfer fee, with the client/s/s being obliged to Request of the district administration authority to announce the amount of the work wage or the transfer pay. Applies to the existence of a liability according to § 67a ASVG or § 82a of the Income Tax Act-EStG 1988, BGBl. No 400, this is to be taken into account in the assessment of the amount of the security benefit, provided that the plant wage, which is still to be paid after deduction of the threatened security performance, is not sufficient to cover the liability.

(5) Appeal against the case referred to in paragraph 1 shall not have suspensive effect.

(6) The district administrative authority shall declare the security free if the proceedings are terminated or the penalty imposed against the contractor or the contractor or the superior has been finalised, or not within a year of decay was pronounced. The security shall also be declared free if it is placed by the contractor/contractor or the contractor. Vacancies that have become vacant are to be paid out to the client (s) or the employee (s).

(7) The district administrative authority may declare the security to be forfeited as soon as the prosecution of the contractor or of the contractor or of the superiors or the superiors or the execution of the penalty proves impossible. § 17 VStG is to be applied in a reasonable way.

(8) According to § 37 (6) of the German Law of Law (VStG) for the recovery of seized securities, an all-due balance shall be paid to the client (s) or the employee.

Evidence of administrative criminal proceedings in accordance with § § 7i and 7j

§ 7l. (1) For the purpose of applying for a penalty, the measurement of penalties, the failure to provide the service and the determination of the performance of a service in spite of a failure, the Centre of Competence LSDB has an evidence of final decision-making in an administrative criminal procedure in accordance with § § 7i and 7j. This can be done with support for automation.

(2) The district administrative authorities and the independent administrative senates in the countries shall without delay, in the form of automated assisted form, have copies of legally binding records issued by them in criminal proceedings in accordance with Section 7i or § 7j. LSDB competence centre. Similarly, they have issued copies of legally binding records imposing a penalty in accordance with § 7i against responsible agents within the meaning of the last sentence of Article 9 (2) and 3 VStG, to the company to whom this punishment has been imposed in accordance with The second sentence of paragraph 4 is to be attributed. In the case of criminal proceedings, it should be noted that the registration of the accused person and that company to which the punishment is to be attributed is linked to the evidence in the case of the final punishment.

(3) The LSDB Centre of Competence shall delete data from criminal proceedings no later than five years after the date of the date of the date of the date on which the criminal proceedings have been due.

(4) The LSDB competence centre has a district administration authority, the institution of sickness insurance, The Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance or the Construction Workers-Holiday and Departure Terminal on In the case of a request within two weeks, in particular for the application of the penalty, for the purpose of failure to provide the service or for the purpose of establishing that a service is to be carried out in spite of a failure, information should be provided as to whether or not the service is subject to the Requests for information mentioned by the employer or employer of a legally binding punishment according to § 7i or § 7j, or to be attributed to him/her. The employer is to be assigned a punishment if either a responsible body (§ 9 para. 1 VStG) or a responsible officer (§ 9 para. 2 or 3 VStG) has been fined a penalty. The information shall indicate either the number of punishments, including the relevant data of the penal code (criminal authority, number of records, date of notification and legal force, name and date of birth of the punishable offence, financial penalties imposed), or to establish that there is no punishment. Such information may no longer be granted five years after the due date of the respective criminal code.

(5) The district administrative authorities have to report to the LSDB Centre of Competence on an annual basis on the execution of the fines imposed in the criminal proceedings in accordance with Section 7i and Section 7j (2).

Delivery

§ 7m. The application of § § 7 to 7k shall be deemed to be a delivery point within the meaning of § 2 Z 4 of the Delivery Law (ZustG), BGBl. No 200/1982, including the foreign employment agency located in the country or the place of work in which the employee is active or the employer. An employee of the recipient/recipient is deemed to be a substitute recipient in the sense of § 16 ZustG; § 16 para. 3 ZustG is not to be applied. "

9. In accordance with § 18, the following § 18a and title shall be inserted:

" Linguistic equality

§ 18a. Insofar as personal designations are not yet formulated in a gender-neutral manner in this federal law, the chosen form shall apply to both sexes. "

10. The following Z 26 is added to Section 19 (1):

" 26.

§ 7a (3), § 7b (3), (4) (4) (8), (5), (9) and (10), as well as § § 7d to 7m, including headlines and § 18a, together with the title in the version of the Federal Law BGBl. I No 24/2011 shall enter into force on 1 May 2011. § § 7d to 7m shall apply to facts that are applicable after 30 April 2011. "

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 n ° 111/2010, is amended as follows:

1. In § 11 (3), after the expression "(§ 153e StGB)," the expression "because of non-material growth (§ 155 StGB)," inserted.

2. In accordance with § 27, the following § 28 is added:

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

§ 28. Section 11 (3) in the version of the Federal Law BGBl. I No 24/2011 shall enter into force on 1 May 2011 and shall apply to the facts which will be implemented after 30 April 2011. "

Article 3

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 101/2010, shall be amended as follows:

1. (Policy determination) In section 14a (2), the word order shall be deleted " , which in total last longer than a month, "

2. (constitutional provision) In accordance with § 14a, the following § 14b and heading is inserted:

" Measures against wage and social dumping

§ 14b. (constitutional provision) For service providers within the meaning of § 14a are § § 7d to 7g and 7i to 7m of the Labour Contract Law Adaptation Act, BGBl. No 459/1993, as amended. '

3. (Policy determination) Section 284 (2) Z 1 to 47 reads as follows:

" 1.

Hausgehilfen-und Hausangestelltengesetz, BGBl. No. 235/1962, in the version of the Federal Law BGBl. I No 100/2002,

2.

Gewerbeordnung 1994-GewO 1994, BGBl. No. 194, in the version of the Federal Law BGBl. I No 111/2010,

3.

Executive order, RGBl. No. 79/1896, in the version of the Federal Law BGBl. I No 111/2010,

4.

General Social Security Act-ASVG, BGBl. No. 189/1955, in the version of the Federal Law BGBl. I No 111/2010,

5.

Income Tax Act 1988-EStG 1988, BGBl. No. 400, in the version of the Federal Law BGBl. I No 111/2010,

6.

Farmers-Social Security Act-BSVG, BGBl. No. 559/1978, in the version of the Federal Law BGBl. I No 111/2010,

7.

Industrial Social Security Act-GSVG, BGBl. No. 560/1978, in the version of the Federal Law BGBl. I No 111/2010,

8.

General civil code, JGS No. 946/1811, in the version of the Federal Law BGBl. I No 58/2010,

9.

Civil Procedure Code-ZPO, RGBl. No. 113/1895, in the version of the Federal Law BGBl. I No 111/2010,

10.

General Pension Act-APG, BGBl. I n ° 142/2004, in the version of the Federal Law BGBl. I No 111/2010,

11.

Labor and Social Courts Act-ASGG, BGBl. No. 104/1985, in the version of the Federal Law BGBl. I No 111/2010,

12.

Fission Act-nip G, BGBl. No. 304/1996, in the version of the Federal Law BGBl. I No 58/2010,

13.

Wehrgesetz 2001-WG 2001, BGBl. I n ° 146, in the version of the Federal Law BGBl. I No 111/2010,

14.

Civil Service Law 1986-ZDG, BGBl. No. 679, in the version of the Federal Law BGBl. I No 111/2010,

15.

Unemployment Insurance Act 1977-AlVG, BGBl. No. 609, in the version of the Federal Law BGBl. I No 2/2011,

16.

Labour Market Promotion Act-AMFG, BGBl. No 31/1969, in the version of the Federal Law BGBl. I No 12/2009,

17.

Child Care Money Act-KBGG, BGBl. I n ° 103/2001, as amended by the Federal Law BGBl. I No 116/2009,

18.

Company employee and self-employment protection law-BMSVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 92/2010,

19.

Investment Fund Act-InvFG 1993, BGBl. No. 532/1993, in the version of the Federal Law BGBl. I No 111/2010,

20.

Pensionskassengesetz-PKG, BGBl. No. 281/1990, in the version of the Federal Law BGBl. I No 58/2010,

21.

Solemn Law 1957, BGBl. No. 153, in the version of the Federal Law BGBl. I No 113/2006,

22.

Home Labor Act 1960, BGBl. No. 105/1961, in the version of the Federal Law BGBl. I No 74/2009,

23.

School teaching law 1986-SchUG, BGBl. No. 472, in the version of the Federal Law BGBl. I No 52/2010

24.

School Organization Law, BGBl. No. 242/1962, in the version of the Federal Law BGBl. I No 44/2010,

25.

Victims ' Care Act, BGBl. No. 183/1947, in the version of the Federal Law BGBl. I No 4/2010,

26.

Development Cooperation Act-EZA-G, BGBl. I n ° 49/2002, as amended by the Federal Law BGBl. I No 65/2003,

27.

Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 88/2009,

28.

Plant Protection Products Act 1997, BGBl. I n ° 60, in the version of the Federal Law BGBl. I No 86/2009,

29.

Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, in the version of the Federal Law BGBl. I No 115/2009,

30.

Biocidal Products-Law-Biocide-G, BGBl. No 105/2000, in the version of the Federal Law BGBl. I No 151/2004,

31.

Workers ' Protection Act-ASchG, BGBl. No. 450/1994, in the version of the Federal Law BGBl. I No 147/2006,

32.

Medical Law 1998-Medical Law 1998, BGBl. I n ° 169, as amended by the Federal Law BGBl. I No 61/2010,

33.

Agricultural and Forestry Vocational Training Act-LFBAG, BGBl. No 298/1990, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 82/2008,

34.

Angestelltengesetz, BGBl. No 292/1921, in the version of the Federal Law BGBl. I No 58/2010,

35.

Law on property rights, BGBl. No. 538/1923, in the version of the Federal Law BGBl. I No 58/2010,

36.

Workplace-Backup Act 1991-APSG, BGBl. No. 683, in the version of the Federal Law BGBl. I No 56/2005,

37.

Stock Law 1965, BGBl. No. 98, in the version of the Federal Law BGBl. I No 111/2010,

38.

GmbH-Gesetz-GmbHG, RGBl. No. 58/1906, in the version of the Federal Law BGBl. I No 111/2010,

39.

Labour Constitutional Law, BGBl. No. 22/1974, in the version of the Federal Law BGBl. I No 111/2010,

40.

Corporate Code, dRGBl. No. 219/1897, in the version of the Federal Law BGBl. I No 111/2010,

41.

National Council Electoral Regulations 1992, BGBl. No. 471, in the version of the Federal Law BGBl. I No 13/2010,

42.

SCE law, BGBl. I No 104/2006,

43.

Insurance Supervision Act, BGBl. No. 569/1978, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 107/2010,

44.

Family Law Balancing Act 1967, BGBl. No. 376, in the version of the Federal Law BGBl. I No 111/2010,

45.

Labour Market Policy-Financing Act-AMPFG, BGBl. No. 315/1994, in the version of the Federal Law BGBl. I No 111/2010,

46.

Civil Law-Mediations-Law-ZivMediatG, BGBl. I No 29/2003,

47.

Labour Market Service Act-AMSG, BGBl. No. 313/1994, in the version of the Federal Law BGBl. I n ° 111/2010. "

4. (constitutional provision and federal law directly applicable) In § 285, the following paragraphs 46 and 47 are added:

" (46) (federal law directly applicable) The laws of execution of the Länder on § 14a (2) and § 284 (2) in the version of the Federal Law BGBl. I No 24/2011 shall be adopted within six months of the date on which the event is held.

(47) (constitutional provision) § 14b in the version of this Federal Law BGBl. I n ° 24/2011 shall enter into force on 1 May 2011 and shall apply to situations which occur after 30 April 2011. "

Article 4

Amendment of the Labour Force Act on Labour Force

The Labour Force Transfer Act, BGBl. No. 196/1988, as last amended by the Federal Law BGBl. I No 70/2009, shall be amended as follows:

1. § 1 reads:

" § 1. (1) This federal law applies to the employment of workers who are left to third parties for work performance.

(2) The exclusion from the scope of Sections II to IV of this Federal Law is

1.

the transfer of labor by the federal government, a country, a community or a community association, and

2.

the surrender of labour, which is the Landarbeitsgesetz 1984, BGBl. No 287.

(3) exclusion from the scope of § § 10 to 16a of this Federal Act is the transfer of labor between domestic companies, if one of the following conditions is available:

1.

the temporary transfer of labour to workers engaged in the same activity as a surplus, provided that the nature of the operation of the surplus is maintained, up to the maximum period of six months in the calendar year, whereby the periods of successive omissions of different workers are also to be counted in succession (Section 135 (2) (1) of the Industrial Regulations 1994, BGBl. 194);

2.

the release of workers by producers, sellers or landlords of technical installations or machinery, where:

a)

for the commissioning, maintenance or repair of technical equipment or machines, or

b)

on the retraining of employees of the worker

the redundant workers are required as professionals and the value of the benefits is outweighed (Section 135 (2) (2) (2) of the Industrial Code (Gewerbeordnung 1994));

3.

the transfer of labour within a working group or in the case of operational cooperation

a)

for the performance of jointly agreed contracts; or

b)

for the exchange of experience, research and development, training, business advice or surveillance, or

c)

in the form of a law firm or practice community (Section 135 (2) (2) (3) of the Industrial Code (Gewerbeordnung 1994));

4.

the temporary transfer of manpower between group companies within a group within the meaning of Section 15 of the German Stock Corporation Act 1965, BGBl. No. 98, and § 115 of the Act on Companies with Limited Liability, RGBl. No 58/1906, provided that the seat and the operating location of the two Group companies is within the Federal territory and that the transfer does not belong to the operating purpose of the overlying company.

(4) exclusion from the scope of § § 10 to 16a of this federal law is also

1.

the transfer of labour within the framework of a public or public sector-sponsored specific vocational training, integration and retraining programme; and

2.

the surrender of workers in the framework of development aid under the Development Assistance Act, BGBl. No 574/1983.

(5) This federal law shall also apply to workers made redundant from the European Economic Area (EEA) or from third countries, without prejudice to the law applicable to the employment relationship. The surrender of workers from Switzerland is to be treated like the omission from the EEA. "

2. § 17 reads:

" § 17. (1) In accordance with Section 135 (2) (1) of the Commercial Code 1994 (GewO), the superior of no regulated profession pursuant to § 94 Z 72 GewO shall have the transfer of workers no later than the expiry of the month following the first-time transfer to report to the competent commercial authority.

(2) In the event of a free admission of workers from abroad to Austria, the Überlasser shall have the cross-border transfer no later than one week before the start of work in Austria of the Central Coordination Office for the Control to report illegal employment (according to the AuslBG and AVRAG) of the Federal Ministry of Finance. In the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be reimbursed immediately prior to work.

(3) The notification referred to in paragraph 2 shall contain the following information:

1.

the name and address of the worker;

2.

the names, dates of birth and nationality of the workers made redundant,

3.

the beginning and expected duration of employment in the employment sector;

4.

the level of pay due to each worker;

5.

Places of employment and

6.

Type of activity and use of the individual labour force.

(4) The Central Coordination Unit for the control of illegal employment shall forward the notifications in accordance with paragraph 2 of the competent commercial authority.

(5) The competent authorities referred to in paragraphs 1 and 2 of this Article shall, in the case of construction activities, submit the reports of the construction workers ' holiday and the terminal.

(6) If this is technically possible, the notifications shall be made electronically. "

Section 20 (1) reads as follows:

" § 20. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection, the Central Coordination Office for the Control of Illegal Employment and the Trade Authorities, and the provisions on the protection of workers, which are Labour inspectorates and the authorities otherwise appointed for the purposes of the protection of workers and the social insurance provisions, the social insurance institutions shall be responsible for ensuring compliance with the provisions of this Directive. Federal law to be monitored. "

(4) The following paragraph 13 is added to § 23:

" (13) § 1, § 17 and § 20 (1) in the version of the Federal Law BGBl. I No 24/2011 will enter into force on 1 May 2011. "

Article 5

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In Section 31 (5), the point at the end of Z 34 shall be replaced by a stroke; the following Z 35 shall be added:

" 35.

on the uniform enforcement practice of insurance institutions in the area of combating wage and social dumping in accordance with § § 7d et seq. of the Labour Contract Law Adaptation Act, Federal Law Gazette (BGBl). No. 459/1993. '

2. In accordance with § 659, the following § 660 shall be added together with the heading:

" Final determination on Art. 5 of the Federal Law BGBl. I No 24/2011

§ 660. Section 31 (5) Z 34 and 35 in the version of the Federal Law BGBl. I n ° 24/2011 will enter into force on 1 May 2011. "

Fischer

Faymann