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Theatre Adaptation Act 2010

Original Language Title: Theateranpassungsgesetz 2010

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100. Federal law with which a federal law on employment relationships to theatre companies (Theaterarbeitsgesetz-TAG) has been adopted and with which the Leave Act, the Labour Constitution Act, the Law on the Law of Remuneration and the Labour Law Act have been amended (TheaterAdapungsgesetz 2010)

The National Council has decided:

table of contents

Article 1

Theaterarbeitsgesetz-TAG

Article 2

Amendment of the Leave Act

Article 3

Amendment of the Labour Constitution Act

Article 4

Amendment of the law on pay forpayments

Article 5

Amendment of the Labour Code Act

Article 1

Federal law on employment relationships with theatre companies

(Theaterarbeitsgesetz-TAG)

table of contents

Section 1

General provisions

§ 1.

Scope

§ 2.

References

Section 2

Rights and duties of the member

§ 3.

Content and recording of the stage work contract

§ 4.

Start of contract period

§ 5.

Stage work contract on sample

§ 6.

Fixed references

§ 7.

Remuneration of preliminary samples

§ 8.

Play Money

§ 9.

Claim in the event of a work prevention

§ 10.

Travel expenses

§ 11.

Provision of clothing, equipment and jewellery

§ 12.

The maturity of the references

§ 13.

Public announcements

§ 14.

Obligation of interest

§ 15.

Holidays

§ 16.

Performance Location

§ 17.

Obligation to participate in rehearsals-working time

§ 18.

Right to employment

§ 19.

Role Refusal

§ 20.

Ban on competition

§ 21.

Liability for deposited items

§ 22.

Conventional penalty

§ 23.

Penalties

§ 24.

End of contract

§ 25.

Termination

§ 26.

Leisure time during the termination period

§ 27.

Non-renewal declaration

§ 28.

Insolvency proceedings

§ 29.

Permanent closure of the stage

§ 30.

Early resolution

§ 31.

Dismissal

§ 32.

Exit

§ 33.

Legal consequences of premature dissolution

§ 34.

Agreement on the right of withdrawal

§ 35.

Withdrawal from the contract

§ 36.

Legal consequences of resignation

§ 37.

Debt compensation

§ 38.

Time limit for the assertion of claims

§ 39.

Mandatory provisions

§ 40.

Relationship to other laws

§ 41.

Guest contracts

§ 42.

Placement of stage employment contracts

Section 3

Regulations concerning other theatre workers

§ 43.

Other theatre workers

§ 44.

Rest period

Section 4

Final provisions

§ 45.

Enforcement

§ 46.

Entry into force and transitional provisions

Section 1

General provisions

Scope

§ 1. (1) This federal law applies to the employment relationship of persons ( Members ), which is the performance of artistic works in a theatre company or a number of art subjects for the performance of stage works ( Stage employment contract ).

(2) A theatre contractor in the sense of this federal law is who is a company within the meaning of Section 1 (2) of the Company Code (UGB), dRGBl. S 219/1897, for the performance of stage works.

(3) Section 3 shall apply to the employment relationship of persons who are not members within the meaning of paragraph 1; and Commit to a performance of non-artistic works by a theatre entrepre (other theatre workers).

References

§ 2. To the extent that this federal law refers to other federal laws, these are to be applied in the respectively applicable version.

Section 2

Rights and duties of the member

Content and recording of the stage work contract

§ 3. (1) Unless otherwise agreed, the member shall have one of his art subjects to the appropriate services.

(2) If a certain fee is not agreed upon, an appropriate fee shall be paid. The same shall apply if free of charge is agreed, unless the provisions of the Labour Constitution Act (ArbVG), BGBl. N ° 22/1974, has agreed in advance to represent the interests of the member of the body which has been authorized by collective agreements.

(3) The theatre contractor shall have a written record of the agreements reached (stage employment contract) on his/her request, in so far as the latter on the basis of the provisions of Section 2 (2) of the Working Contract Law Adaptation Law (AVRAG), BGBl. No 459/1993, the information referred to above shall be given.

(4) Where reference has been made to documents in the case of the conclusion of the contract, copies of these documents shall also be handed out to the Member.

Start of contract period

§ 4. In the stage employment contract, the day by which the work of the member is to begin must be determined according to the calendar; however, the contract is also effective without this provision, if the activity of the member in the mutual agreement began.

Stage work contract on sample

§ 5. The agreement of a trial period during which a part or both parts may withdraw from the contract shall be ineffective.

Fixed references

§ 6. The salary (Gage) and the agreed amount of money (§ 8) are understood under the fixed remuneration of a member.

Remuneration of preliminary samples

§ 7. If a member is obliged to make himself available to the theatrical entrepre in order to take part in the preliminary rehearsals at the place of the contract, the stage employment contract shall commence, contrary to other agreements with the day of work, if not a separate stage work contract is agreed for the duration of the preliminary sample.

Play Money

§ 8. (1) The agreed amount of money shall be paid to the Member for any performance on which it participates.

(2) If cash is agreed without a minimum amount of money, fifteen allowances shall be deemed to be guaranteed in the month.

(3) If the play money is guaranteed for a longer period of time than one month, so many gambling funds shall be deemed to be guaranteed on a monthly basis than in the case of the ratio of this period to one month for the duration of one month.

Claim in the event of a work prevention

§ 9. (1) If, after the employment relationship has entered into force, a member is prevented from work by illness or accident without having caused the prevention intentionally or by gross negligence, it shall retain his right to the fixed references up to a period of six weeks. If, however, the prevention of work is based on an accident at work or an occupational disease within the meaning of the provisions on statutory accident insurance, the period of six weeks shall be extended by the duration of this preventive action, at the most However, by two weeks. For a further six weeks, the member shall retain the right to half of the references to be paid in accordance with the first sentence. However, the right to play money shall be waited in so far as the number of cash prizes awarded for the month is or, in the case of section 8 (3), of the value of the cash allowance granted for the month in spite of the prevention of work, has been achieved.

(2) The same shall apply if a female member by pregnancy or menstrual reasons a The work performance is prevented.

(3) If, within a period of six months after the resignation of the work, there is once again a prevention of work, the Member shall have for the period of prevention of work, in so far as the total duration of the periods of prevention is the time periods referred to in paragraph 1. shall be entitled only to one half of the references due to him pursuant to paragraph 1.

(4) Female members shall also retain the right to the fixed remuneration for eight weeks after the release, provided that no entitlement to the weekly allowance under the General Social Security Act (ASVG), BGBl. No. 189/1955.

(5) spa and recovery stays, stays in health and nursing care centres, rehabilitation centres and convalescent centres, which, for reasons of preservation, improvement or restoration of the employability, are provided by a social security institution, Without prejudice to any additional payments made by the member of the employment prevention system, the Federal Social Office or a Land government on the basis of a disability act has been granted or ordered on the bill of the person to be considered as a person.

(6) The member is obliged, without default, to indicate the prevention of work on the part of the theatre entrepre or in the case of the illness at the request of the theatre entrepre/theatre company, which can be repeated after an appropriate period of time, to provide medical confirmation of the cause and duration of the incapacity to work. The confirmation must be issued by a doctor/doctor with a health insurance contract, a theatre doctor or a theatre doctor or the responsible health insurance company. If the Member does not comply with this obligation, it shall lose the right to pay for the duration of the abatment.

(7) If the member is terminated during the prevention according to para. 1 to 5, dismissed without important reason prematurely or meets the theatre entreprenter/in a fault on the early exit of the member, the claims remain during the the periods referred to in paragraphs 1 to 5, although the employment relationship ends earlier.

(8) The rights of the member to the permanent fixed references pursuant to para. 1 to 5 shall be terminated with the termination of the employment relationship if this is due to the expiry of the time for which it was received or as a result of an earlier dismissal. is resolved. The same shall apply where the Member is dismissed for any reason other than the work prevention caused by the circumstances referred to in para. 1 to 5.

Travel expenses

§ 10. The costs of a trip which the Member undertakes during the contract period in the performance of his working obligation shall be subject to the appropriate food costs of the theatre entrepre/s.

Provision of clothing, equipment and jewellery

§ 11. (1) The /The theatre contractor has the member the historical, mythological and fantasy dresses required for the performance of a stage work, folk and national costumes, sports, turn, beach, game, hunting towns and uniforms including the the foot, hand and headwear as well as the costumes of the other sex, the equipment and jewellery required for the performance of a stage work, as well as jerseys, wigs and hairstyles, and, where necessary, is customary, in particular the necessary dresses, hairdressers and to provide hairdressers or make-up artists free of charge.

(2) The reinstatation of all items of clothing used on the stage for the purpose of stage use (minor repairs, cleaning and ironing) shall be provided by the theatre entreprenchman/theatre to his/her own costs.

The maturity of the references

§ 12. (1) Unless otherwise agreed or customary, the payment shall be payable after the performance of the service.

(2) Where the references are calculated according to periods of time, they shall be paid at the end of each individual period, but at the latest on the tenth, twentieth and last day of each calendar month.

(3) If, during the contract period, the Member has to make a journey in the performance of his duties, the appropriate catering and travel expenses shall be paid or guaranteed on the day before the journey is taken.

(4) Game funds shall be charged and paid at the latest on the last day of each calendar month for the past month.

(5) The payment of undisputed references or of the undisputed part of the references may not be made conditional on the renunciation of any disputed references or on the part in dispute.

Public announcements

§ 13. (1) If an introduction is made public with an indication of the list of persons (drainnotes), the performers shall be named in the roles listed individually in the list of persons.

(2) This obligation does not exist if the performance is impossible or at disproportionate costs as a result of special circumstances or if the actor (s) is acting as a choir member, a compartment or a compartment or as a statist/in.

Obligation of interest

§ 14. (1) The Contracting Parties shall be obliged to respect the mutual interests.

(2) The theatrical entreprenter is, without prejudice to the validity of the Workers ' Protection Act, BGBl. No 450/1994, in particular the obligation to manufacture and maintain, at its cost, all the facilities relating to stage and dressing rooms and the means of work which, with regard to the nature of the work performance, are to be guaranteed: the safety and health of the members and the maintenance of morality are necessary.

Holidays

§ 15. (1) For each working year, the Member shall be entitled to an uninterrupted paid leave of at least four weeks (24 working days). The holiday entitlement increases for each additional year of work started by two working days up to the maximum of six weeks (36 working days).

(2) The right to leave shall be incurred in the first six months of the first working year in relation to the working time completed in the working year, after six months in full. As of the second year of work, the entire holiday entitlement will be created at the beginning of the working year. The holiday entitlement shall not be shortened by periods in which there is no entitlement to the fixed references, unless otherwise stipulated by law.

(3) The date of the holiday is to be determined with regard to the period of operation, in the case of year-on-year working conditions, for the period between 1 May and 30 September and in good time for the Member to be known in advance. In any event, the holiday must be carried out in such a way that the holiday is consumed as far as possible by the end of the holiday year in which the claim has been made. During the holiday, the member shall retain the right to his fixed references.

(4) For periods during which a member of one of the reasons referred to in § 9 (1) to (5) is prevented from work performance, while their entitlement to an exemption from nursing care pursuant to § 16 of the Leave Act (UrlG), BGBl. No 390/1976, or during which it is otherwise entitled to payment of payment in the event of a loss of work, the leave of absence may not be determined if these circumstances were already known at the time of the conclusion of the agreement. However, if this is done, the period of prevention is not considered as a holiday.

(5) In the case of the illness of the member during the holiday, § 5 UrlG applies.

(6) The theatrical entreprenter has to keep records from which

1.

the date of entry of the member and the duration of the paid leave to be paid to the member,

2.

the period during which the member took his paid leave, and

3.

the remuneration received by the member for the duration of the paid leave and the date of payment of the payment

.

(7) The obligation referred to in paragraph 6 shall also be fulfilled if the information required there is derived from records which the theatre entrepentor carries out in order to demonstrate the performance of other obligations.

(8) Theatre operators who are contrary to the provisions of paragraphs 6 and 7 shall be punished by the district administrative authority with a fine of up to 218 euros, provided that the act is not subject to a stricter penalty under other rules.

(9) In addition, § § 4 (3) and (5), (7) and (10) (1) to (5) UrlG apply.

Performance Location

§ 16. (1) The member is obligated to the theatre entreptite (s) only at the stages to provide services which the theatre entreptite has directed at the conclusion of the contract. It may, however, be agreed that the member will also have to perform services on another equivalent stage, the management of which will be taken over by the theatre entreptite only later, if this stage is to be performed with one of the contract stages at the the same place, or if it is a guest game.

(2) If the member is obliged to perform on several stages, the theatre entreptite/s shall be responsible for the transfer of the stage clothing and make-up equipment to his/her costs and under his/her liability (Section 21 (4)).

Obligation to participate in rehearsals-working time

§ 17. (1) The member shall not be obliged to take part in a sample at night or on a Sunday or a public holiday, unless special, unavoidable circumstances make it necessary to hold the sample at that time.

(2) Labor Time Act (AZG), BGBl. No 461/1969, should be applied with the proviso that:

1.

the Member i (n) the period from the beginning of the evening presentation to the beginning of the evening presentation on the following day (working day) shall not be longer than eight hours;

2.

by way of derogation from § 19c (2) AZG, the theatre business operator may change the situation of working time if a change in the programme is absolutely necessary and does not preclude the interests of the member which are worthy of consideration.

(3) The Member shall be granted in each calendar week an uninterrupted rest period of 36 hours, which shall include an entire day of the week. The weekly rest period may be reduced in individual weeks or may be omitted if an average weekly rest period of 36 hours is ensured within 14 days. Only at least 24 hours rest periods may be used for calculation purposes.

(4) The collective agreement may allow for a period of up to one year. The collective agreement may authorise the operating agreement to such an arrangement.

(5) If a collective agreement cannot be concluded for the members concerned due to the absence of a collective contractual entity on the employer's side, the operating agreement can be up to 13 weeks in the period of the period of validity of the contract. extend.

(6) In the case of fixed-term contracts in the duration of no more than six weeks, it may be agreed that the rest periods of these weeks shall be granted together before the end of the contract period. A termination of the employment relationship before the end of the combined rest period is inadmissible.

(7) During the weekly rest period provided for in the working time division, the Member may only be employed if:

1.

, the Member shall be agreed that the Member will jump in for another, prevented Member, or

2.

it is essential to change the programme.

During a combined rest period as referred to in paragraph 6, employment shall be inadmissible.

(8) If the member is employed during the weekly rest period provided for in the working time division, it shall be entitled to a replacement rest period during the following working week, which shall be calculated on the basis of the weekly working time. The rest shall be granted to the extent of the work performed during the weekly rest period, which has been provided within 36 hours of the start of the work during the next working week. The rest shall be situated immediately before the beginning of the following weekly rest period, unless otherwise agreed before the commencement of the work for which a replacement is due.

(9) Theatre operators who are contrary to the provisions of paragraphs 3 to 8, unless the act is subject to a stricter penalty in accordance with other provisions, shall be subject to a fine of EUR 72 to EUR 2 180 from the District Administrative Authority; in the event of a repetition of EUR 145 to EUR 2 180.

Right to employment

§ 18. (1) The theatrical entrepre shall be obliged to employ the member appropriately. In assessing the appropriateness of employment, it is necessary to consider the content of the contract, the characteristics and abilities of the member and the nature of the management of the holding.

(2) If the theatrical entreptite fails to adequately address the member in spite of the repeated request, the member may dissolve the contract prematurely and request a reasonable remuneration which the member of the theatre company (s) will be able to pay. Judge/in accordance with reasonable discretion, but which may not exceed the amount of the fixed payment of a year. Moreover, a member whose employment relationship would have taken at least five years may, moreover, require compensation in the same amount, but only by taking into account what it is in the second year following the termination of the contract as a result of Failure to save work or to purchase or intentionally purchase by means of other use.

(3) However, the dissolution shall be admissible only if the member has given the theatre entreptier in writing a corresponding period of time for the recovery of the appropriate employment and this period has expired in a fruitless manner.

Role Refusal

§ 19. The refusal to assume a role by the actor (s) is only justified if:

1.

the representation of the role is likely to endanger health or physical safety, or if it cannot be attributed to the actor for reasons of sittness;

2.

if the role is outside the artistic means of the performer or the actress or outside the art subject for which he/she has been contractually bound;

3.

if the performer is to be given the representation of a role which is likely to be significantly harmful to his/her economic or artistic position.

Ban on competition

§ 20. (1) The Member may not take part in any publicly announced performance on a similar stage outside the holiday period without the authorisation of the theatre contractor or the theatre company.

(2) A member which is compulsory for a whole year shall also be required to perform his duties on a similar stage in the place of the contract, even during the leave of approval of the theatre entrepre or the theatre company.

(3) An agreement which restricts a member in his/her gainful employment shall only be effective if it is concluded in a collective agreement or is equivalent to a restriction agreed in a collective agreement. This provision does not apply to stage work conditions in accordance with section 34 (2), for stage work conditions of at least two years ' duration, if the fixed references for a season exceed 24 times the monthly maximum contribution basis in accordance with Section 45 of the ASVG, for balletteleven or ballet eviners, the 18. As well as for individual actors (Solotänzer/innen) of the ballet.

(4) (1) and (2) shall not apply to the other members of the ballet, to choir and orchestra members, as well as to extras and extras and extras and statists.

Liability for deposited items

§ 21. (1) The theatrical entrepre shall be held liable as a deer for items of clothing or items of the member whose value does not exceed the value of ordinary objects of use, if they are placed in the dressing room or during the rehearsals or in the performance of the performance on the the stage or at the place determined by the theatre contractor/in this place, if he/she does not prove that the damage is neither by him/her nor by his/her people, nor by foreign in the theatre-and in-depth persons is caused. If there is no lockable dressing room and the theatrical entrepre has not been appointed to the place where the items or garments are to be deposited, the theatre entrepellant shall be liable if it is to be used by a member of the have been deposited on a regular basis.

(2) For items of special value, the theatre entreptier shall only be liable if they had to be used in the performance of the theatre company/theatre company during the performance or if the theatre entrepentee/theatre company had to be used for the performance of such objects. Items which have been taken into account by certain persons in the knowledge of the special value. If the theatre contractor/person does not determine such a person, the Garderobier/s shall be deemed to be for the safekeeping of such objects if he/she has been informed of the special value by the member.

(3) Liability for items used in the performance of the performance shall be cancelled if they have not been collected within seven days of the last performance in which they were used.

(4) The theatre contractor shall also be liable in accordance with the provisions of paragraphs 1 and 2 of this Article for garments and other items submitted by the member of the theatre company/theatre company for carriage during a journey on the occasion of the transfer of the undertaking to another place or on the occasion of a transfer Trip to the place of a guest-player organized by the theatre company/in the event.

Conventional penalty

§ 22. (1) A penalty may only be imposed in the event that a part of the contract is subject to culpable conduct which, for the other part, constitutes an important reason for the premature dissolution of the contract (§ 30).

(2) The agreement shall be ineffective if it has been made merely in favour of a contract part.

(3) The amount of the contract penalty shall be limited by the amount of the one-year fixed references and shall be the same for both parts of the contract.

(4) Conserving penalties are subject to judicial moderation.

Penalties

§ 23. (1) For the transgressing of a general ordinance (Theatre Operating Regulations), existing penalties can be fixed in accordance with § § 96 (1) (1) (1) and 102 (102) of the ArbVG.

(2) The cases in which the administrative penalty is to be carried out and the amount of the administrative penalty must be determined in the theatre operating order.

(3) The administrative penalty imposed on the individual case shall not exceed the amount of the monthly fixed salary.

(4) All disciplinary penalties must be used in a manner that is to be described in more detail in the theatre operating regulations of the members of the theatre company.

End of contract

§ 24. (1) The employment relationship shall end with the expiry of the time for which it has been received.

(2) If it has been received for one or more seasons (season, stage year), the duration of a period of time is to be presumed to be twelve months in doubt.

(3) If the employment relationship has been received without a time determination, it shall end with the expiry of the time of play customary on the contract stage.

(4) The theatre contractor cannot rely on an agreement, according to which only he/she can dissolve the contract by unilateral declaration or extend beyond the agreed time.

Termination

§ 25. (1) An agreement whereby a contract can be resolved by termination shall be effective only if the contract is concluded for more than one year and the same right is granted to both parts. Where unequal time limits are agreed, the longer period shall apply to both parts. The termination can only be agreed for the end of a game period and must be declared no later than 15 February of the year in which this season ends.

(2) Legal notice periods (§ 28) may not be reduced by agreement.

(3) Dismissals must be declared in writing in case of other invalidity.

Leisure time during the termination period

§ 26. (1) If the contract has been concluded for a period of at least five months or if the employment relationship has lasted for at least five months, the theatre entreptier shall, after the termination of the contract or in the last period of play, before the end of the contract period, Member on request to grant an appropriate free time in the total duration of at least eight days at once or divided. Fixed references are to be paid for this period.

(2) Claims pursuant to paragraph 1 do not exist if the Member has a right to a pension from the statutory pension insurance, provided that a certificate of the provisional health insurance was issued by the pension insurance institution.

(3) Collective agreements may be subject to different regulations.

Non-renewal declaration

§ 27. (1) If the stage work relationship has been received for a certain period of time and at least for one year, the theatrical entreprenter shall have up to 31 years of age and shall be responsible for the work of the theatre To inform in writing of the year in which the employment relationship ends, that the employment relationship shall not be extended. If the communication is not received or is delayed, the employment relationship shall be extended for a further year, unless the member of the theatre business operator is not in force until 15 February of the year in which the employment relationship ends; in writing, that it does not agree with an extension of the employment relationship.

(2) Communications referred to in paragraph 1 shall be effective only if they have been received by the contracting party (s) at the latest on the dates referred to in paragraph 1.

(3) The collective agreement may specify that the dates referred to in paragraph 1 may be advanced. At the time of the entry into force of this Federal Act, existing collective contractual provisions which already provide for such arrangements will not be affected.

Insolvency proceedings

§ 28. If insolvency proceedings are opened after the start of work on the assets of the theatre company or the theatre company, the provisions of the insolvency order, RGBl, shall apply. No 337/1914, with the proviso that the mass administrator, in the reorganisation procedure with the self-administration of the theatre contractor, with the consent of the reorganisation manager or the reorganisation manager, stage employment contracts, which for no longer as a year closed, subject to compliance with a four-week period, other stage employment contracts can be terminated, subject to compliance with an eight-week period.

Permanent closure of the stage

§ 29. If the theatre is destroyed by fire or other elementary events or if it is closed for an indefinite period by the authority without fault of the theatre company or the theatre company, then all stage work contracts shall be concluded with the expiry of the one month after the operating setting.

Early resolution

§ 30. The stage work relationship may be resolved before the end of the period for which it has been received, without having to comply with a notice period of each part for important reasons.

Dismissal

§ 31. In particular, an important reason that entitles theatrical entrepenter/s to early dismissal is to be regarded as:

1.

if, at the time of the conclusion of the contract, the member of the theatre company has misled him/her about the existence of another stage work contract which is incompatible with the concluded contract and has not already been resolved;

2.

if the member is incapable of providing the promised or agreed works of art;

3.

if the Member is permanently or nevertheless prevented from working in his/her work due to a reason in his/her person's work;

4.

if the member fails to cooperate with a performance communicated to him/her in good time or repeatedly negligently. It is sufficient to have a one-time negligent failure if the member knew or had to know that the failure for the theatre entrepre/s is associated with a considerable amount of damage;

5.

if the Member does not fulfil other important contractual obligations in spite of repeated written request or admonition without due reason;

6.

if the Member is manifestly concerned by violating the law or morality in such a way that his continued use is not possible, or is only possible with serious injury to the theatre contractor or to the theatre company;

7.

if the member seriously jeopardises the substantial or artistic interest of the theatre contractor or the theatre company by gross abuse of trust;

8.

if the member is liable to be liable for any of his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/his/her/her/her/her/her/her/her/

Exit

§ 32. In particular, an important reason that entitles the Member to leave early is to be regarded as:

1.

if the theatrical entreptior has misled the member about the official permit to operate the undertaking or if the official permit has not yet been granted in the course of the work of the undertaking;

2.

if the Member becomes incapable of continuing his work or cannot continue without harm to his or her health or morality;

3.

if he/she refuses to comply with the obligations laid down by law for the protection of the life, health or morality of the members of the theatre;

4.

if the theatre entreptite/s in the charge of the member is unduly diminish or preserves, in particular if he/she does not pay due at the latest on the third day after the due date or in case of dispute. the amount of the claim or the admissibility of deductions does not, on request, fail to deposit the amount disputed on request or fulfil other essential contractual obligations in spite of repeated requests;

5.

if the theatre entreptite/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s to protect members or a member of the theatre company or the theatre company;

6.

if the theatre company is transferred to a different location and the member is not required to provide his/her work in the other place in the contract.

Legal consequences of premature dissolution

§ 33. (1) If the member leaves prematurely for no important reason or if there is a fault in the early dismissal, he/she shall be entitled to claim compensation for the damage caused to him/her.

(2) If the theatrical entreptior dismises the member prematurely for no important reason, or if he/she is responsible for the early withdrawal of the member, the member shall retain the right to retain the member unless otherwise specified in the law; Without prejudice to any further indemnification, its contractual claims for the period of the period up to the termination of the employment relationship would have expired by the end of the specified contract period or by regular termination of the contract , by taking into account what it means as a result of the lack of work Has been spared or intentionally failed to purchase or purchase by other means. However, in so far as this period does not exceed three months, the Member may request the whole for this period of charge without deduction immediately, the remainder at the agreed or legal time.

Agreement on the right of withdrawal

§ 34. (1) An agreement, according to which a part is granted the right to declare before the start of work that the contract is to enter into force or be ineffective, shall be effective only if the other part is also entitled to the same right.

(2) (1) does not apply to agreements with members who are required for no more than 60 performances in the game year against a Gage, which exceeds 17 times the daily maximum contribution basis in accordance with § 45 ASVG for each performance.

Withdrawal from the contract

§ 35. (1) The theatre contractor may withdraw from the contract before entering the contract if the member is not prevented from entering the work on the agreed day, without being prevented by an unavoidable obstacle, or if, as a result of an unavoidable obstacle to the work, he/she may not be prevented from entering the contract. An obstacle to the start of work is delayed by more than 14 days. The same shall apply if there is a reason that entitles the theatre entrepenter/s to dismiss the member.

(2) The member may withdraw from the contract before entering the contract if there is a reason that entitles the member to leave the employment relationship at the early stage. The same applies if the start of work is delayed by more than 14 days as a result of the retraining of the theatre entrepre/the theatre company or as a result of a condition of this kind/that is the case. If, in the latter case, the Member enters the work, irrespective of the delay, the fee shall be paid to him from the day on which the work should have been carried out.

(3) If the Member is prevented from entering into the work in time by illness or accident, without it having caused the prevention intentionally or by gross negligence, the theatre entrepre shall be without prejudice to the In accordance with paragraph 1, the right of withdrawal is obliged to pay the member for the time specified in § 9 (1) and (3) the references referred to in paragraph 9 (1) and (3). The provision of Section 9 (6) shall apply. If this period of time has expired, the theatre entreptior may withdraw from the contract, but the member may dissolve the contract prematurely, unless the theatre entrepre/s/s continue to pay the full fixed references.

Legal consequences of resignation

§ 36. (1) If the theatrical entrepre has resigned from the contract without any important reason or if he/she has given his/her culpable conduct to the Member for resignation, the member shall retain without prejudice any further damages. its contractual rights to the remuneration for the period which would have to elapse until the termination of the employment relationship by the end of the period or by the orderly termination of the contract, taking into account what it means as a result of the absence of such a contract; The work performance is saved or acquired by other use or has intentionally failed to acquire. In so far as this period does not exceed three months, the member may request the whole charge for the period without deduction immediately, the remainder at the agreed or legal time.

(2) The same claims shall be the responsibility of the Member if he/she has resigned from the contract.

(3) If the Member ceded to withdraw from the contract without any significant reason, or if he/she has given rise to a reasonable cause by his/her culpable conduct, the theatre entreptier may demand compensation for damages.

Debt compensation

§ 37. If both parts have a fault in the resignation or in the early solution of the employment relationship, the judge/judge shall have the discretion to decide whether and to what extent a replacement shall be due.

Time limit for the assertion of claims

§ 38. Claims for compensation due to premature dismissal or premature withdrawal within the meaning of § § 18 and 33, as well as claims for resignation from the contract within the meaning of § 36 must be excluded within six months from the date on which the claim is made. could be brought to court.

Mandatory provisions

§ 39. (1) A stage employment contract shall not be invalidated by the fact that some of its provisions are ineffective in accordance with the law.

(2) The rights granted to the Member under this Act may be due to the Stage employment contract or, unless otherwise specified in this Federal Act, by standards of collective redress will not be repealed or limited.

Relationship to other laws

§ 40. Insofar as this federal law does not determine anything else, the stage employment contract is to be assessed according to a cheap stage habit and in the absence thereof in accordance with the general civil law. The law on employees (AngG), BGBl. No 292/1921, as well as the restriction of the effectiveness of an arbitration agreement according to § 9 para. 2 second half-sentence of the Labor and Social Court Act, BGBl. No 104/1985, do not apply to stage work contracts.

Guest contracts

§ 41. (1) Is a Member (Guest)

1.

only to participate in no more than five performances in one year of the game, or

2.

For no more than 60 performances in the game year against a fee, which exceeds the fixed remuneration, which exceeds the average fee (average reference) of the other members of the respective theatre company in the same art subject,

a guest contract will be created. No later than The theatre contractor/guest has the right to give the guest the average reference according to Z 2 on request.

(2) The provisions of § § 5, 8 para. 2 and 3, 9, 11, 18, 20, 24 (4), 25 to 27, 29, 34 (1) and 35 (3) shall not apply to guest contracts.

Placement of stage employment contracts

§ 42. (1) An agreement requiring a member to conclude stage work contracts only with the mediation of certain persons is invalid.

(2) Unless otherwise agreed, the theatrical entreptior and the member shall pay half of the remuneration for the placement of a stage employment contract.

(3) The agreement that the member has to pay more than half of the remuneration shall be ineffective if the theatre entreptier had knowledge of the involvement of the intermediary in the conclusion of the contract and is aware of the fact that the member of the theatre company has been informed of the agreement. had to.

(4) The agreement of a remuneration for the mediation of a stage work contract is ineffective:

1.

as far as a mediation fee is in breach of § 5 (3) of the Labour Market Promotion Act (AMFG), BGBl. No 31/1969, is required or accepted;

2.

if the contract has been concluded without the involvement of the mediator/intermediary;

3.

in so far as the Member is to make payments for an increase in remuneration obtained after the conclusion of the contract or for a period during which it does not receive any payment;

4.

if the contract does not become effective without the fault of the member;

5.

in so far as the Member is to make payments for the period following a termination of the contract, without his/her fault;

6.

if the intermediary is not entitled to arrange stage work contracts according to the AMFG.

(5) However, such an agreement may be effective if, in the cases referred to in paragraph 4 (4) and (5), a new one between the same parties Stage employment contract closed. However, the remuneration is to be paid only until the end of the duration of the originally averaged employment relationship.

(6) An agreement under which the obligation to pay the remuneration for the placement of a conditional contract before the condition of the condition is to be incurred is ineffective.

(7) The recovery of a payment, which cannot be effectively agreed under para. 2 to 6, is also permissible if the payer knew that he/she is not guilty of the payment.

Section 3

Regulations concerning other theatre workers

Other theatre workers

§ 43. (1) For employment relationships of persons within the meaning of § 1 (3) (other theatre workers), who are primarily responsible for the performance of commercial or higher, non-commercial services or of law firms, the provisions shall apply: of the AngG, unless an exception is provided by § § 3 and 4 AngG.

(2) The provisions of the General Civil Code, JGS, apply to the employment relationships of other theatre workers who are obliged to perform other services other than those referred to in paragraph 1 above. 946/1811.

Rest period

§ 44. (1) A theatre worker according to § 43 shall be granted an uninterrupted rest period of 36 hours in each calendar week, which shall include an entire day of the week. The weekly rest period may be reduced in individual weeks or may be omitted if an average weekly rest period of 36 hours is ensured within 14 days. Only at least 24 hours rest periods may be used for calculation purposes.

(2) The collective agreement may allow for a period of up to one year. The collective agreement may authorise the operating agreement to such an arrangement.

(3) If a collective agreement cannot be concluded for the members concerned due to the absence of a collective contractual entity on the employer side, the operating agreement may extend the period of enforcement up to a period of up to 13 weeks.

(4) During the weekly rest period provided for in the working time division, theatre workers in accordance with § 43 may only be employed if the work is carried out

1.

are to be immediately carried out to avert an imminent threat to the safety of life or to human health or to a state of emergency; or

2.

necessary to remedy an operational disturbance or disproportionate economic damage, if there are unforeseen and non-preventative reasons and other reasonable measures are not possible for this purpose.

(5) If a theatre worker is employed in accordance with § 43 during the weekly rest period provided for in the working time division, he/she shall be entitled to a replacement rest which is to be calculated on the weekly working time during the following working week. The rest shall be granted to the extent of the work performed during the weekly rest period, which has been provided within 36 hours of the start of the work during the next working week. The rest shall be situated immediately before the beginning of the following weekly rest period, unless otherwise agreed before the commencement of the work for which a replacement is due.

(6) Theatre operators who are contrary to the provisions of paragraphs 1 to 5, unless the act is subject to a stricter penalty in accordance with other provisions, shall be subject to a fine of EUR 72 to EUR 2 180 from the District Administrative Authority; in the event of a repetition of EUR 145 to EUR 2 180.

Section 4

Final provisions

Enforcement

§ 45. The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of this federal law.

Entry into force and transitional provisions

§ 46. (1) This federal law, with the exception of § 27, is 1. Jänner 2011 in force and applies to employment relationships within the meaning of § 1 (1) and (3) and § 43, the contractually agreed beginning of which is after 31 December 2010. § 9 applies only to work-prevention measures which, for the first time, enter into force after 31 December 2010. Section 15 (1), (2) and (9) shall apply from the year of the holiday period which begins after 31 December 2010.

(2) § 27 shall enter into force on 1 March 2011.

(3) This federal law shall also apply to employment relationships within the meaning of Section 1 (1) of the Acting Act (SchauspG), BGBl. No 441/1922, the contractually agreed beginning before the 1. Jänner 2011. For guest (game) contracts, their contractually agreed start before the 1. January 2011, § 52 SchauspG (SchauspG) applies.

(4) The SchauspG occurs with the exception of § 32 with the expiry of the 31. Decembers 2010, with the proviso that § § 11 and 12 SchauspG continue to apply to work-prevention measures, which for the first time before the 1. January 2011, and § 18 (1) and 2 SchauspG (SchauspG) apply to that holiday year, which is prior to the first year of the year. January 2011 started.

(5) § 32 SchauspG occurs with the expiry of the 28. February 2011 out of force.

(6) Where reference is made in other federal laws to the SchauspG or to provisions of the SchauspG, this reference shall be deemed to be a reference to the TAG or to the corresponding provisions of the TAG.

(7) Am 1. January 2011 existing regulations on weekly rest period in collective agreements or operating agreements, which comply with the provisions of § § 17 or 44, remain effective.

Article 2

Amendment of the Leave Act

The Leave Act, BGBl. No 390/1976, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 1 para. 2 Z 7 reads:

" 7.

Employees within the meaning of Section 1 (1) of the Theaterarbeitsgesetz (TAG), Federal Law Gazette (BGBl). I No 100/2010. '

2. In accordance with § 19 (10), the following paragraph 11 is added:

" (11) § 1 para. 2 Z 7 in the version of the Federal Law BGBl. I No 100/2010 shall enter into force 1. Jänner 2011 in force. "

3. By Art. The following paragraph 3 is added to VIII (2):

"(3) Section 1 (3) shall expire on 31 December 2010."

Article 3

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 58/2010, is amended as follows:

1. In Section 133 (1), the quote shall be: " Schauspielergesetz, BGBl. Nr. 441/1922 " by quoting " Theaterarbeitsgesetz (TAG), BGBl. I No 100/2010 " replaced.

2. In § 133 (2), the word "Schauspielergesetz" by the word "TAG" replaced.

3. § 133 (4) reads:

" (4) If stage work contracts within the meaning of § 27 TAG are not renewed, the works council shall be notified of the non-renewal by one week at the latest before the notification of the notification. At the request of the works council, the theatrical entreptior has to consult with him within the time limit for the opinion on the non-renewal of the stage work contract. A non-renewal is not valid before the expiry of this period, unless the works council has already delivered an opinion. "

(4) The following paragraph 25 is added to § 264:

" (25) § 133 (1), (2) and (4) in the version of the Federal Law BGBl. I n ° 100/2010 shall enter into force 1. Jänner 2011 in force. "

Article 4

Amendment of the law on pay forpayments

The law on pay law, BGBl. No 399/1974, as last amended by the Federal Law BGBl. I No 158/2002, shall be amended as follows:

1. In Section 1 (2) (4), the quote shall be: " Schauspielergesetz, BGBl. Nr. 441/1922 " by quoting " Theaterarbeitsgesetz (TAG), BGBl. I No 100/2010 " replaced.

2. In accordance with § 20 (8), the following paragraph 9 is added:

" (9) § 1 para. 2 Z 4 in the version of the Federal Law BGBl. I No 100/2010 shall enter into force 1. Jänner 2011 in force. "

Article 5

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I n ° 93/2010, shall be amended as follows:

1. In § 1 para. 2 Z 8 the phrase " in theatre companies within the meaning of § 1 para. 2 acting law, BGBl. Nr. 441/1922 " by quoting " in theatre companies within the meaning of Section 1 (2) of the Theaterarbeitsgesetz (TAG), Federal Law Gazette (BGBl). I No 100/2010 " replaced.

2. In accordance with § 33 (1p), the following paragraph 1q is added:

" (1q) § 1 paragraph 2 Z 8 in the version of the Federal Law BGBl. I No 100/2010 shall enter into force 1. Jänner 2011 in force. "

Fischer

Faymann