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Amendment To The Civil Service Act 1986 (Zdg-Novelle 2010)

Original Language Title: Änderung des Zivildienstgesetzes 1986 (ZDG-Novelle 2010)

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83. Federal Act to amend the Civil Service Act 1986 (ZDG-Novelle 2010)

The National Council has decided:

The Civil Service Act 1986-ZDG, BGBl. No. 679, as last amended by the Federal Law BGBl. I n ° 5/2009, shall be amended as follows:

1. In Section 3 (2), after the word order "Activities within the Civil Defense" the phrase ", in childcare, in integration or counseling strangers" inserted.

2. In § 4 (1) (1) (1) the word "and" is replaced by a dash, in which Z 2 becomes the point by the word "and" replaced and the following Z 3 added:

" 3.

the territory referred to in Article 3 (2) of the legal entities. "

3. § 4 (5) reads:

" (5) The local jurisdiction of the Regional Governor shall be determined by the seat of the institution. In the case of the recognition of additional facilities and places, consideration shall be given to the previous occupancy of the places in the facility and in the state in which the seat of the institution is located. The Civil Service Service Agency shall be notified in accordance with paragraph 1 of this Article; in so far as they violate provisions relating to the recognition of entities under this paragraph, they shall be null and void. "

4. § 4 (5a).

5. § 5 (1) reads:

" (1) In the course of the positioning procedure (§ 18 WG 2001), the conscripts are to be informed in writing about

1.

the right and the possibilities of issuing a civil service declaration, even in the event of a waiver (Section 1 (2)),

2.

the content and conditions for the admissibility of a civil service declaration and

3.

the authority in which the civil service declaration is to be submitted. "

6. In Section 5 (3), the phrase "the Federal Minister for the Interior" in each case by the word sequence "the Civil Service Agency" replaced.

7. The following sentence shall be added to Article 5 (5):

" For the purposes of hunting, for members of traditional protection associations and for sports shooters, exemptions from the prohibition on the purchase may be made by the Security Directorate at the request of the civil service subject in justified cases. and possession of weapons subject to authorisation and from the prohibition of the management of firearms. "

8. In Section 6 (2), the phrase "The Federal Minister for the Interior" through the phrase "The Civil Service Agency" replaced.

9. In Section 6 (3), the phrase "The Civil Service Complaint" through the phrase "The Civil Service Agency" replaced.

10. In § 6 (5), the phrase "Ordinary Attendance" and the phrase "Full Presenter Service" in each case by the word "Grundwehrdienst" replaced.

11. In accordance with § 6a, the following § 6b and title shall be inserted:

" Extinguisher of civil service in accordance with the performance of the ordinary civil service

§ 6b. (1) In accordance with the duties of the ordinary civil service, the civil service provider may, until the completion of the 28th Year-on-year application of the waiver of his civil service obligation to serve as a service as a

1.

Organ of the Public Security Service pursuant to Section 5 (2) of the Security Policy Act (SPG), BGBl. No 566/1991, or

2.

Servant of the legal service at the Federal Asylate Office, who according to § 58 (7) of the Asylum Act 2005, BGBl. I n ° 100/2005, is authorized to exercise executive command and enforcement authority, or

3.

A soldier who is a member of the Bundesheer on the basis of an employment relationship or as a presence or training service provider, or

4.

Member of any other body of wax or

5.

other public servant whose duty to conduct a firearm is required,

(b) To that end, he must make it credible that he cannot provide service in any of the uses covered by Z 1 to 5 only because he has provided civil service, and declare that he no longer rejects it for reasons of conscience, and that it does not oppose the use of weapons. to apply people.

(2) The application shall be submitted in writing to the Civil Service Service Agency and shall contain the declaration according to paragraph 1. Furthermore, in accordance with paragraphs 1, Z 1, 2, 4 and 5, the civil service provider must submit a declaration of suitability for inclusion in the intended use, made by the person responsible for the future use of the service.

(3) The Civil Service Service Agency shall be informed of the deletion of the civil service obligation for a period of twelve months, if the conditions set out in paragraphs 1 and 2 are available. With the legal force of the decision, the person concerned shall be subject to his/her defence. The Civil Service Service Agency shall immediately inform the Military Command thereof.

(4) The actual admission to one of the uses referred to in paragraph 1 (1) to (5) within the period of the third paragraph shall be established by the Civil Service Service Agency. Otherwise, the person concerned will again be subject to civil service. The period laid down in paragraph 3 shall be extended, at the request of the person concerned, by up to twelve months if the actual recording is not carried out on grounds which the person concerned has not to represent. The Civil Service Service Agency shall be informed of the start of the civil service and shall immediately inform the Military Command thereof.

(5) There is no basic military service to be provided by conscripts pursuant to paragraph 3. By means of a regulation, the relevant Federal Minister can determine the extent to which the full civil service already completed is taken into account in the respective training, and a military training will also be provided for can. "

12. § 7 (3).

Section 7 (4) reads as follows:

"(4) The ordinary civil service shall be without interruption from the exceptional cases provided for in § § 13 (1), (16), (3) and (19a) (5)."

14. § 7a of the first and second sentences are:

" Where civil servants with the legal entity in accordance with Article 8 (1) enter into an agreement on employment for the period immediately following the performance of the ordinary civil service and the conclusion of such an agreement shall be concluded by the Civil Service Service Agency is already notified before the ordinary civil service is terminated, and the Federal Government shall grant voluntary support to the civil service provider for a period of three months. This amounts to EUR 1 500 per month for a legal entity pursuant to § 28 (4) Z 1, EUR 2 335 per month for a legal entity pursuant to Section 28 (4) Z 2 and is to be paid out entirely to the civil service provider. "

15. In § § 7a, 25 (1) Z 4 and 34 (1) and (3), after the word "Family maintenance" the word " , partner support " inserted.

16. The following sentence shall be added to § 8 (1):

"No legal remedy is admissible against this decision."

17. In § 8 (3), the third sentence reads:

"The Civil Service Agency shall require the right-holder to disclose within one month all the annual requirements for the next year."

Section 9 (1) reads as follows:

" (1) The obligation shall be to provide a service which shall, as far as possible, correspond to the capabilities of the civil service subject. In case of doubt, the District Administrative Authority shall, at the request of the Civil Service Agency, obtain an opinion from the Office of the Office and express its views on the suitability for health of the service. It is the responsibility of the district administrative authority in which the civil service subject is resident, in the absence of his/her residence; if there is no residence in the territory of the country, an expert opinion from a local authority is the City of Vienna. "

19. In § 12, the sales denomination "(1)" and paragraph 2.

20. In § 13 (1) Z 2:

" 2.

at the request of the civil service, if and as long as there is a need for special economic, family or registered partnership interests. "

21. In § 13 (4) the phrase is deleted ", to the extent that paragraph 5 is not to be applied,"

22. § 13 (5) deleted.

23. In § 15 (2) (2) (2), the point shall be replaced by a line-point and the following Z 3 and 4 shall be added:

" 3.

the period of absence or illness-related absence, if the medical confirmation pursuant to section 23c (2) (2) (2) has not been submitted to the statutory provisions no later than the third day of the absence of an accident or illness, although this is not the case It would have been reasonable for civil servants to be able to;

4.

the period during which, in the cases of § § 19 (2) and 23c (3), the civil service is not subject to an investigation by an official or a doctor of trust in the institution, even though it would have been reasonable for him to do so until he has been requested to do so. He or his service will return to a serviceable constitution. "

24. § 16 reads together with headline:

" Disciplinary Action

§ 16. (1) The Civil Service Agency may dismiss a civilian service provider prematurely from the civil service if, in spite of a request for the proper service by the superiors, the person concerned can be identified by his/her behaviour that he/she is responsible for the is unwilling to pay the civil service properly.

(2) The Civil Service Service Agency shall, at the same time, determine, by a decision in accordance with paragraph 1, the period for which the person concerned shall be returned for the performance of the remaining service period.

(3) If the civil service provider, after having set a conduct which has subsequently led to his disciplinary dismissal as referred to in paragraph 1, sets a further serious infringement of his/her official duties, the Civil service agency with a decision to extend the remaining service time by up to three weeks.

(4) An extension of the ordinary civil service may take place several times, but it may be arranged for a total of no more than three weeks.

(5) The application of section X shall not be affected by the provisions of the provisions of paragraphs 1 to 4. "

25. § 19a (2) reads:

" (2) Civil servants who are permanently incapable of service for more than 18 days for health reasons shall apply at the end of the 18-day period. Day of incapacity as prematurely released from the civil service. Upon request, the Civil Service Agency shall determine the date of the dismissal. "

26. § 19b is deleted.

27. § 20 reads:

" § 20. In the procedures referred to in this section, the party position subject to the duty of civil service shall be payable. The notice of assignment in accordance with § 8 shall also be submitted to the respective legal entity. The relevant legal entities shall be informed of other decisions taken by the authorities pursuant to this section. "

28. The following paragraph 1a is inserted in accordance with Article 22 (1):

" (1a) If the civil service provider fails to fulfil his/her service pursuant to paragraph 1 within 30 days without being prevented by illness, disability or other justified obstacles, the Civil Service Agency shall have the right of access to the service. fix. Section 15 (2) (2) (2) shall apply with the proviso that a separate determination of the non-chargeable period in accordance with Section 15 (3) shall not be determined. "

29. § 23 (4) reads:

" (4) The civil service provider shall be provided by the civil service agency with an individualized service badmark (civil service badgell). He is obliged to bear the civil service badgeless during his/her use, unless otherwise recognizability as a civil service provider is ensured. After the full service of the ordinary civil service, the civil service mark shall be placed on the property of the civil service provider; in the case of premature termination of the ordinary civil service, the civil service agency shall be immediately available to the civil service agency. , Improper use of the civil service sign and the sale thereof shall be prohibited. A new claim for free compliance with such a civil service sign exists only if it has been demonstrably unusable, stolen or lost during the civil service. In particular, the identity of the holder and its capacity as a civil service provider shall be applied to the civil service badger. The Federal Minister of the Interior shall, by means of a regulation, determine more details on the design and carrying-out of the civil service sign and, in other ways, to ensure visibility as a civil service provider. "

30. In § 23a (1), the word order shall be deleted "from the seventh month of their service" and shall be inserted in the following paragraph 4a:

" (4a) For professional reasons or for reasons of training, the civil service provider shall be granted a service exemption in the amount of up to two days, which may also be consumed separately, without prejudice to the claim referred to in paragraph 1. The civil service provider shall inform the superiors of this at least one week before the date of the date and shall submit a corresponding confirmation. "

31. § 23b reads:

" § 23b. In urgent cases, in particular for family or other personal reasons, the civil service provider may, without prejudice to the provisions of Section 23a, be entitled to a duty free of charge to the civil service provider at the most necessary level, but at most up to one week. "

32. The following paragraph 3 is added to Article 23c:

"(3) If the supervisor has reasonable doubts as to the service capacity of a civil service provider, he may apply to him immediately to undergo an inquiry by a doctor of confidence of the institution."

33. The following paragraph 3 is added to § 27:

"(3) Service within the meaning of this Federal Law is the local community in which the civil service provider begins and ends his service on a regular basis."

34. In § 28a (1), the last sentence is deleted and the following paragraph 1a is inserted:

" (1a) In the event of incorrect assignment, the Federal Minister of the Interior may, in the exercise of the supervisory law, amend the communication from its own motion. If there is doubt as to the investigation by the Governor of the State whether a domination of the institution by a local authority pursuant to Section 28 (3) is available, the communication from the Federal Minister of the Interior shall be repealed. Pending a new decision by the Governor of the State, the assignment of civil service persons to the institution shall not be required unless Section 8 (4) applies. "

35. The following sentence shall be added to section 28a (2):

"The Federal Government may, without prejudice to the assertion in the Klagsweg in accordance with Section 42, offset the claims which have been handed down to him against the Federal Government's claims against the Federal Government."

36. § 32 (2) reads:

" (2) The flat-rate allowance (basic remuneration and surcharges) is up to 15. every month. § 54 (1) to (5) of the HGG 2001 shall apply. "

37. § 32 (5) reads:

" (5) The civil service provider shall be replaced by the remuneration of the paying agency which has been incorrectly received. § 55 of the HGG 2001 is to be applied with the proviso that the decisions referred to there must be taken by the Civil Service Agency. In the event of a new assignment, the Civil Service Agency may, in the case of a new eligibility for family maintenance, partner maintenance, housing cost allowance and travel expenses, be entitled to possible surpluses from previous disbursements to the Deduct civil service providers. "

38. In § 33, second sentence, the turn "the sickness bill fee" through the turn "the service fee for the e-card" as well as the parenthesis "(Section 135 (3) of the ASVG)" by the parenthesis expression "(§ 31c ASVG)" replaced.

39. In § 34 (2), after the phrase "the family maintenance" the phrase " , the partner support " and paragraph 3 shall be followed by the word order "the family's entertainment" the phrase " , the partner's entertainment " inserted.

40. § 37d para. 2 reads:

" (2) Civil servants who provide ordinary civil service shall, as soon as possible and no later than five weeks from the date on which a body is first established, have the confidence to elect the person (s) of the civil service (substitute). have been assigned to their duties or have become vacant in the place of the confidential person (substitute). In establishments which have not been temporarily assigned to a civil service, the election shall be made no later than five weeks from the date of the renewed assignment of civil servants. "

41. § 37e is deleted.

42. § 39 (1) (2) reads:

" 2.

To provide records of service absences of the civil service provider in the cases of § § 23a and 23b of the Civil Service Service Agency if the civil service of the civil service provider is terminated prematurely, and "

43. § 39 (4) reads as follows:

" (4) The illness-related prevention of a civil service provider shall be given the extent of one week, indicating the commencement and the end of all the preventive measures taken by that district administrative authority, in the course of which the Civil service provider. The District Administrative Authority shall immediately be informed of the circumstances of the prevention of the service and, if it appears to be necessary for specific reasons, shall ensure that it is examined by a local doctor. Moreover, if the duration of the disability exceeds 18 days, the supervisor shall inform the Civil Service Service Agency. "

44. § 43 (2) (3) and (4).

45. The following paragraph 3 is added to § 48:

" (3) The Chairman of the Civil Service Complaint Council may, by obtaining the consent of the Civil Service Council, provide advice and decision-making in cases where a unanimous decision is to be expected after the rapporteur's reasoned request for a decision. replace other senate members in orbit. Unanimity shall be required in the case of decisions in circulation. Consent may only be given in writing. The outcome of the decision-making process in the orbit is to be announced to the senate members. "

46. § 53 reads:

" § 53. At the request of the Civil Service complain, the district administrative authorities have to carry out indirect evidence and surveys (§ 55 paragraph 1 AVG) in the cases of § 43 paragraph 2 Z 2, insofar as this is required for the recommendation pursuant to section 37 (2). is. "

47. In Section 57a (1), the phrase in the first sentence shall be: "The Federal Minister of the Interior and the Civil Service Agency may" through the phrase "The Civil Service Agency may" , in addition, in the second sentence, the word "may" by the word "may" and the word "them" by the word "her" replaced.

48. In Section 57a (2), the word order shall be "The Federal Minister of the Interior and the Civil Service Agency are" through the phrase "The Civil Service Agency is" replaced and after the word "Social Security Number," the phrase "Phone number, email address," inserted.

49. In Section 57a (3) Z 6, the point shall be replaced by a stroke, and the following Z 7 shall be added:

" 7.

the Federal Minister for Home Affairs. "

50. The following sentence shall be added to section 57a (3):

"If these recipients have been granted a query capability by way of long-distance data traffic, a separate transmission of the data shall not be required."

51. § 57a (4) and the following paragraph 5 is added:

" (4) The social insurance institutions are obliged to provide the civil service agency with the social security number on a case-by-case basis and to provide information on employment relationships and, if appropriate, an existing social security number. To issue a pathologist.

(5) The Civil Service Service Agency shall have personal data from civil service providers up to the completion of the 50. To keep life year evident. After that, they will be deleted immediately. "

(52) The following paragraph 1a is inserted in § 58:

"(1a) It is also necessary to punish those who, as a civil service provider, have been punished at least three times legally in accordance with § § 60 to 63 and do not comply with a new assignment."

53. § 60 is together with headline:

" Administrative transgressions

§ 60. Those who do not follow the assignment to an entity under the ordinary civil service for more than 30 days or the assignment under the extraordinary civil service for more than eight days shall, if the conduct does not comply with the The existence of a criminal offence within the jurisdiction of the courts is a transgressive administrative transgressive and is punishable by the district administrative authority with a fine of up to EUR 2 180, in the case of non-unity with A substitute custodial sentence of up to six weeks, or imprisonment of up to six weeks. "

54. The title of § 61 is deleted.

55. In § 66, after the word "refrain" the phrase "or does not comply with its obligation under Section 23 (4)" inserted and the number "360" by the number "700" replaced.

56. § 69 deleted.

57. In § 70, the quote "§ § 60 to 69a" by quoting "§ § 60 to 68" replaced.

58. In § 76b (8) the following sentence is added:

"The same applies to claims for voluntary support in accordance with § 7a if these are not asserted within six months of the end of the extension period."

(59) The following paragraph 26 is added to Article 76c:

" (26) § § 3 (2), 4 (1) Z 1 to 3, 4 (5), 5 (1), 3 and 5, 6 (2), (3) and (5), 6b, 7 (4), (7a), (1) and (3), (9) (1), (12), (1) and (4), (2) and (4), (2) and (4), (2), (2) to (4), (4), (2), (2), (2), (2) and (4), (2), (2) 1 and 4a, 23b, 23c (3), 25 (1) Z 4, 27 (3), 28a (1), (1a) and (2), 32 (2) and (5), 33, 34 (1) to (3), 37d (2), 39 (1) (2) and (4), 48 (3), 53, 57a, 58 (1a), (60) with the title, 66, 70 and 76b (8) in the version of the Federal Law BGBl. I No 83/2010, enter into force on 1 November 2010. At the same time, § § 4 (5a), 7 (3), 12 (2), 13 (5), 19b, 37e, 43 (2) Z 3 and 4, the title of § 61 and § 69 shall not apply. "

Fischer

Faymann