356. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the Rights and Duties and the election of the members of the Council of Trustees in inhouse training institutions

On the basis of § 30c (1) and (3) of the Vocational Training Act (BAG), BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I No 40/2010, shall be arranged:

Scope

§ 1. This Regulation regulates, in addition to the provisions of Section 30c of the BAG, the rights and obligations as well as the modalities of the election of the members of the Council of Trustees in training institutions according to § 8c, § 30 or § 30b BAG.

Rights and obligations

Advice with interest groups

§ 2. Within the training period, members of the Council of Trustees can consult with the responsible voluntary professional association and/or the legal representation of the interests of employees and employees. These consultations are to be registered with the training manager or his/her deputy/deputy/deputy and must not disturb the internal training and operating procedures for a fee.

Education exemption

§ 3. (1) Each member of the Board of Trustees shall be entitled to exemption from training for the purpose of participation in training or educational events up to the maximum extent of five training days within a period of office under payment the training allowance.

(2) The members of the Board of Trustees who are entitled to the training exemption shall inform the holder of the training institution at least four weeks before the beginning of the period for which the exemption is intended. The date of the exemption shall be determined by agreement between the holder of the training establishment and the trust council.

(3) If a member of the Council of Confidence is re-elected at the next election of the Council of Trustees, the right to exemption for this period shall be increased by the days not consumed in the previous period.

Quality assurance interview

§ 4. (1) The Board of Trustees shall have the right to have a discussion on the quality assurance of the training once per function period with the contracting entity or the predominant sponsor of the training institution, provided that they exist. If there are several councils of trust in the responsible/supported training institution due to different locations, the interview is to be carried out jointly with all the trust councils of a federal state. The holder of the training institution shall have the right to participate in the interview or to send a person responsible for the training. At the request of the Council of Trustees, however, the interview has been wholly or partly without the holder of the training institution or without the seconded person. In this case, the adjudicating entity or the sponsor shall inform the holder of the training institution and request an opinion. The contracting authority or the donor has to replace any reasonable travel expenses (bus or train 2nd class) which are due to the funding.

(2) In consultation with the client or sponsor, the Council of Trustees has to report on the teaching of the training contents and the modalities of the training and can make suggestions for the improvement or further development of the training. Furthermore, it shall forward to him information relevant to the training of other apprentice trainees, provided that they are not confidential.

Electoral Regulations

§ 5. The election of the members of the Council of Trustees takes place annually in the free, equal and secret election in the fourth quarter of each year. If a training facility has several locations, a separate trust council is to be chosen for each location.

Eligibility

§ 6. All persons who are in an education according to § 8c, § 30 or § 30b BAG on the day of the election of the Council of Trustees and who are noted in the voters ' list in accordance with § 9 para. 3 are active and passively eligible.

Members of the Council of Confidence and Functional Duration

§ 7. The number of members of the Board of Trustees depends on the number of apprentices at the respective location of the training institution according to the voters ' list in accordance with § 9 para. 3, for which the trust council is to be elected.

Apprentices per site	Number of Members
1 to 30 people	1 Member
31 to 50 people	2 Members
51 to 100 people	3 Members
For a further up to 100 people	Another Member

The persons closest to the election due to the result of the election shall be elected to substitute members, with at least the same number of substitute members being elected if possible. In the event of leaving the training establishment or resignation, the substitute members shall replace the function of the ordinary members in their place.

§ 8. The term of function of the members of the Council of Confidence shall commence with the presentation of the results of the vote and shall end with the date of the presentation of the result of the election of a successor or of a successor or of the decision of leaving the Training facility as well as resignation of the function.

Assembly of trainees, electoral commission and voter list

§ 9. (1) The assembly of the trainees shall be convened by the Council of Trustees or, if there is no confidence council, of 10 per cent of the trainees at least three days before the date of the fourth quarter. It consists of all apprentices of a location and has the task of ordering the electoral commission.

(2) The election commission consisting of three persons shall be responsible for the organisation and implementation of the election. The members of the electoral commission shall be elected in the assembly of trainees. The Electoral Commission shall be constituted immediately after the election and shall determine, from among its members, an election leader.

(3) The holder of the training institution shall draw up a list of voters for each location and submit to the Electoral Commission as soon as possible after its constitution. It shall also be updated ten days before the election day and shall be placed at a position for all trainees not later than one week before the election day. In the voters ' list, all persons entitled to vote must be entered in alphabetical order of their family and first names, by adding the date of birth.

Time and place of choice

§ 10. The electoral commission shall have the date of the election in consultation with the holder of the training establishment or with the person responsible for the training at the location at the earliest 14 days and no later than four weeks after the meeting of the trainees. and in such a way as to be able to take place during the training period. The choice shall be made in the premises of the training institution or of the location for which the Council of Confidence is to be elected. The Election Commission shall have the date (day and time) and the place of the election at least one week before the election, at a point accessible to all trainees.

Nominations

§ 11. Every person entitled to vote shall be free to nominate one or more candidates for election to a member of the Electoral Commission until three days before the election day. The Electoral Commission has to summarize the list of proposed candidates in alphabetical order after obtaining their consent and to make the list of nominees available at a position accessible to all trainees. The election proposals are also to be found in the electoral cell.

Ballot paper

§ 12. (1) The Election Commission shall, without delay, after the nominations have been established, put up a ballot paper containing all nominations in alphabetical order.

(2) The size of the uniform ballot paper shall be determined by the Electoral Commission in accordance with the number of nominations.

(3) The uniform ballot paper shall have a uniform typeface, without any differences in colouring, and shall be designed as a whole in such a way that all nominations appear in the same way, have the same space and are not available in the same way. The preference for an election proposal can be seen from this.

Polling in polling station

§ 13. (1) The Head of the election shall ensure the maintenance of calm and order during the electoral process and in compliance with the provisions of this Regulation.

(2) In order to exercise their right to vote, the persons entitled to vote shall appear in person before the Electoral Commission at the polling station at the polling station and shall be referred to the head of the election as far as they are not known in person.

(3) The Electoral Director shall submit a ballot and a ballot paper to each and every person entitled to vote.

(4) Each person entitled to vote has to go to the designated electoral cell alone, which is to be set up in such a way as to ensure that the vote can be carried out in a non-respected manner. The person entitled to vote has the name (s) on the ballot paper (in accordance with the number of members of the Council of Trustees to be elected). to enter or to tick the names of the person elected by him or her. Then he/she has to give the ballot in the electoral envelope. The elector must be handed over to the election manager who has to cast the ballot in the ballot box unopened. The name of the voter is to be identified in the voters ' list and entered in a voting list.

(5) Each person entitled to vote is entitled to appeal during the electoral process for non-inclusion in the voters ' list, non-acceptance of an election proposal or violation of the rules governing the election process at the election manager/election manager to the public. The Electoral Commission shall immediately examine the opposition and the Election Officer shall decide, after consulting the other members of the Electoral Commission. If the objection is justified, the alleged defects must be eliminated. Where appropriate, the election or part of the electoral process must be repeated.

(6) After the end of the election period, or as soon as all the persons entitled to vote have been elected, the electoral manager shall declare the electoral process terminated.

Determination of the outcome of the election

§ 14. (1) The head of the election shall have the right to vote after the end of the vote.

1.		to mix the electoral envelopes in the ballot box;
2.		to empty the ballot box,
3.		the number of persons entitled to vote in the voting list, the number of votes cast and the presumed reason if the above figures do not correspond.

(2) The head of the election shall then open the ballot box and, together with the other members of the electoral commission, shall examine the validity of the ballot papers issued.

Validity of ballot papers

§ 15. (1) The ballot paper shall be valid if it is clear from it which electable voters/voters wanted to give his/her vote.

(2) The ballot paper shall be invalid if:

1.		has been used by a ballot paper other than the ballot paper made available by the Electoral Commission,
2.		has been registered with the name of a non-electable person,
3.		no name has been registered or crossed on him; or
4.		otherwise it is not clear from him which person/person of the electorate wanted to give his voice.

(3) Other words, remarks or signs affixed to the ballot paper for other purposes than to the name of the chosen person (s) do not affect the validity of a ballot paper. An empty electoral envelope is considered to be an invalid vote.

Vote Count

§ 16. (1) The Electoral Commission shall:

1.		the total amount of votes cast,
2.		the sum of the invalid ballot papers and
3.		the sum of the valid ballot papers

to determine.

(2) The Electoral Commission shall then determine the number of valid votes cast for each candidate. The candidate/candidate/candidate Candidates for which the majority of votes are elected are elected members and substitute members of the Council of Confidence. In the event of a tie, a run-off vote shall be held within three days of training.

(3) In the event that an eligible person considers the result of the vote count to be incorrect, it may require the vote count to be reviewed without delay. This review shall be carried out by the Electoral Commission. If the result is the inaccuracy of the result of the counting of votes, it shall be put right immediately.

Adoption of the election

§ 17. (1) After the end of the vote count, the head of the election has to ask the elected candidates whether they accept the election. If an elected person rejects the election, the candidate shall be elected with the next number of votes.

(2) The Electoral Commission shall retain the result of the counting of votes and the acceptance of the election in a minutes.

Customer

§ 18. The election results and the names of the members and substitute members of the Council of Trustees shall be made available immediately by the Election Commission, with the assistance of the holder of the training establishment, at a point accessible to all trainees. The holder of the training institution has the result of the election to the client or inform the funding provider and the Austrian Trade Union Confederation in writing.

Dispute

§ 19. (1) Each person entitled to vote may contest the election within fourteen days after the date of the presentation of the results of the election by the holder of the training institution. The person concerned shall, within fourteen days, review the documents of the election and, if necessary, consult the persons involved. If the incorrectness of the determination of the result of the election results, this is to be put to the right place and to be rewritten. If the provisions relating to the electoral procedure have been infringed, the election shall be declared invalid in so far as the result of the election could be affected by this illegality. The holder of the training institution may also independently verify the election and, after consulting the Land-Vocational Training Advisory Council, declare it invalid if the provisions relating to the electoral procedure have been violated. The decision of the holder of the training establishment may be challenged within one month in accordance with paragraph 3.

(2) If an election is declared invalid, it shall be re-implemented within three weeks, otherwise the result shall be confirmed.

(3) In addition, the election may be held within one month from the date of the announcement of the results of the election, or in the case of a dispute referred to in paragraph 1, within one month from the decision of the holder of the training establishment, in the case of the competent and locally competent court, challenged by any person entitled to vote, where the essential provisions of the the electoral process or the guiding principles of the right to vote, in particular the free, equal and secret right to vote, were violated and the result of the election could be influenced.

Rear-back when leaving the function

§ 20. (1) If a member of the Board of Trustees leaves the training facility before the end of the functional period, or if it resigns, the person elected as a substitute member automatically moves forward (§ 7) due to the result of the election.

(2) The post-back shall be made known in accordance with § 17 and the customer or inform the funding provider and the Austrian Trade Union Confederation in writing.

Mitterlehner