Declaration Of The Collective Agreement For Employees In Private Social And Health Organisations Of Vorarlberg To The Articles Of Association

Original Language Title: Erklärung des Kollektivvertrages für Angestellte in privaten Sozial- und Gesundheitsorganisationen Vorarlbergs zur Satzung

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130. Ordinance of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which declares the collective contract for employees in private social and health organisations in Vorarlberg to the statutes

The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 11/2010, at the request of a collective contractual body, which is a party to a collective agreement, in the presence of the conditions set out in paragraph 3 above, by declaration of the statutes also outside its own the spatial, professional and personal impact of a legally binding effect.

The Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes following a decision of 12 April 2011 following the implementation of a senate hearing:

Statutes of the Collective Contract for Employees in Private Social and Health Organizations of Vorarlberg

Scope of the Statute

§ 1.

a)

Professional: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions:

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public service bodies

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Medical facilities, health care and hospitals

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Rescue and Sanitary Services

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Private kindergartens, private childcare, private play groups

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Childcare facilities by day-care mothers (-fathers)

b)

Spatial: for the province of Vorarlberg

c)

Personal: All employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid Collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG) are covered.

In the case of employment relationships of workers who are employed on a temporary basis (transit labour force) on the basis of a labour market policy and social policy support measure with the aim of (re) integration into the labour market, the Statement of substitutes only in relation to § § 13 paragraph 2 lit. h and 11a (1) to (3) of the collective agreement referred to in § 2.

Excluded are:

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Employment relationships of workers who are subject to measures under social aid schemes or Federal and/or the country's disability laws are employed,

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Work relationships based on an assignment by a cost carrier, e.g. AMS, qualification measures to content,

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Work relationships of clients in care or therapy, which follow simple activities, are under permanent supervision and for which an organization refers to public funding. A pocket money is not contrary to this exception,

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Vacationers, trainees, volunteers, volunteers and volunteers. An intern is, who in the course of a school or university education on the basis of a curriculum or of a study order is required to demonstrate practical activities. A person who stays in a facility for training purposes only in the short term, is not subject to a low fee. The person who occasionally carries out pure presence services, or who has a low pay or salary, is also a small person. The exception does not preclude the exception from the scope of the application.

Content of the Statutes

§ 2. The association between the employers ' association for social and health organisations in Vorarlberg (AGV) and the Austrian Trade Union Confederation, trade union of private employees, printing, journalism, paper (GPA-DJP), completed

Collective agreement for employees in private social and health organisations in Vorarlberg (1.2.2011)

at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 164/2011 and published in the "Official Journal of the Wiener Zeitung" of 8 April 2011,

shall be declared a statute.

The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes:

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§ 1

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§ 2

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§ 13 para. 2 lit. e first and second sentences

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§ 18

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§ 19

Insofar as reference is made in Section 10 (10) to the effective date of the collective agreement, the date "1 May 2006" shall be replaced by the date on which the collective agreement is made. In the case of employment relationships for which this Statute will not take effect until after 1 May 2006, the provision shall apply from the date of effect of the Articles of Association.

As far as § 13 para. 2 lit. h will be referred to the entry into force of the collective agreement with 1.2.2011, the date of entry into force of the Articles of Association shall be replaced by this data (§ 3).

Insofar as reference is made to the entry into force of the collective agreement in § 16 point II, this data shall be replaced by the entry into force of the statutes (§ 3).

Beginning of the effectiveness and duration of the Articles of Association

§ 3. The date of effectiveness of the Articles of Association shall be 1 April 2011. The term of validity of the Articles of Association shall be governed by the period of validity of the Treasury Collective Agreement.

Lukovich