Advanced Search

Amendment To The Vocational Training Act

Original Language Title: Änderung des Berufsausbildungsgesetzes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

40. Federal Act, which changes the Vocational Training Act

The National Council has decided:

The Vocational Training Act, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. N ° 82/2008, will be amended as follows:

1. In § 2 (1), the term " "as well as partnerships of commercial law" by the expression "as well as open societies and limited partnerships" replaced.

2. § 2 (4) shall not apply after the expression "the Commercial Managing Director (§ 39 of the 1994 Commercial Code)" the expression and the expression "the commercial tenants (§ 40 of the 1994 Commercial Code)" .

3. In § 2 para. 5 lit. The word sequence shall be deleted "the Austrian Federal Forests, the Austrian Salines, the Post Office and Telegraph Administration," ; the word "Bauarbeiter-holidayhouse" is given by the word "Bauarbeiter-Holiday-and Departure Terminal" replaced.

4. § 2 para. 5 lit. e is:

"by local authorities, universities, universities and the Austrian Academy of Sciences,"

5. In § 3 (1) (1) (1), the phrase "a civil society of commercial law, a registered labour force" through the phrase "an open society, a Kommanditgesellschaft" replaced.

6. In § 4 (7), the term "Open trading companies" by the term "Open Societies" replaced.

7. In § 6 (6), § 28 (2), § 29h (2), (4) and (5), § 30a (1) and (3), the expression " "Federal Minister for Economic Affairs" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

8. In § 7 (1), § 8a (1), (2), (6), (7) and (8), § 19 (8), § 23 (7), § 24 (1), § 29d, § 31 (4), (5) and (7) and Article 33 (9), the expression " "Federal Minister for Trade, Trade and Industry" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

9. In § 8 (1), (4) and (12), § 15b (1), § 19c (6) and (8), § 19d (2), § 19e, § 24 (5) and (6), § 27 (2) and (3), § 30 (6), § 30b (4), § 31b (2), (3), (5), (7) and (8), and § 35, the expression " "Federal Minister for Economic Affairs and Labour" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

10. In § 8 (13) and (14), the expression "in an opinion" by the expression "in a statement" , the expression "an opinion" by the expression "an opinion" , the expression "the opinion" by the expression "the opinion" and the expression "the opinion" by the expression "the opinion" replaced.

11. In § 8b (5) the following sentence is added:

"In the event of a change to another form of training in accordance with paragraph 11, no mediation attempt by the labour market service is required."

12. § 8b (6) third sentence reads:

" The vocational training assistant has at the beginning of the integrative vocational training together with the persons in question, respectively. the legal guardian and the lecturer, or To define the objectives of integrative vocational training and to participate in the final examination in accordance with paragraph 10, with the participation of the training authority of the first instance and of the school holder, and with the involvement of the school authority of the first instance and the school holder. "

Section 8b (8) reads as follows:

" (8) The definition of the content of training, the training target and the duration of the integrative training programme has been carried out by the contracting parties together with the vocational training assistant, with the involvement of the school authority of the first instance and of the school holder. In this context, pedagogical accompanying measures or to define the form of involvement in vocational education and training, taking into account the personal skills and needs of the person who strives for inclusive vocational training. In the case of persons referred to in paragraph 4 (3), a reduction in the normal daily or weekly fictitious normal working time may be agreed in the case of health reasons, both in the teaching contracts referred to in paragraph 1 and in the training contracts referred to in paragraph 2. where the teaching conditions referred to in paragraph 1 have to be extended to the extent of the reduction of the fictitious normal working time. The total duration of the extended period of apprenticeship may not exceed the duration allowed in paragraph 1. In the case of training conditions in accordance with paragraph 2, a reduction of up to half of the fictitious normal working hours is permissible, the minimum duration of the training period according to para. 2 (one year) being the extent of the reduction of the fictitious normal working time. extended. The total duration of the training period shall not exceed three years. The apprentice office has to do so before registration of the teaching contract or Training contract to obtain an opinion of the Land-Vocational Training Advisory Board. This shall take account of medical opinions or other medical records in the opinion of the opinion. "

14. § 8b (10) reads:

" (10) The qualifications obtained in a course of training as referred to in paragraph 2 shall be determined by a final examination at the end of the training period, at the earliest 12 weeks before the regular end of the training. The final examination takes place in the course of the teaching or in an otherwise suitable institution and is, in agreement with the Land-Vocational Training Advisory Board, an expert in the relevant profession and is nominated by the apprentice office. to carry out a member of the vocational training assistant. On the basis of the agreed training contents and training objectives, it is possible to determine which level of training has been achieved and what skills and knowledge have been acquired. The apprentice body, in agreement with the Land-Vocational Training Advisory Board, has to determine the expiry of the final examinations and the design of the respective certificates in accordance with the requirements of the respective occupational area. In the final certificate, the identified skills and knowledge must be documented. The provisions governing the audit of the audit and audit indemnification applicable to the final audit are to be applied. "

15. In § 8b (11), the following sentence is added:

" In the case of a change from an apprenticeship in a teaching profession in accordance with § 1 to an apprenticeship in a teaching profession in accordance with para. 1 or in an education pursuant to para. 2, the attendance of the prerequisite according to paragraph 4 Z 4 by the vocational training assistance with the The condition that the teaching commenced by the person concerned is not likely to be successfully concluded in the regular form is confirmed. "

16. § 8b (14) to (21) shall be deleted; the previous section 8b (13) shall be replaced by the sales designation "(14)" ; the previous section 8b (22) shall be replaced by the sales designation "(13)" and reads as follows:

" (13) Persons who complete an integrative vocational training according to § 8b or § 8c are considered apprentices within the meaning of the General Social Insurance Act, in the sense of the Family Lastencompensation Act, BGBl. No 376/1967, in the sense of the Unemployment Insurance Act 1977, in the sense of the Insolvency-Remuneration Assurance Act (IESG), Federal Law Gazette (BGBl). No 324/1977 and in the sense of the Income Tax Act. This also applies to persons who are in a vocational orientation measure upstream of these training courses, up to the extent of six months of such a vocational guidance measure. Persons who are trained as part of an integrative vocational training according to para. 1 are equal to apprentices with regard to the compulsory vocational training. For persons who are trained as part of an integrated vocational training pursuant to paragraph 2, the obligation or the obligation to do so shall be compulsory in accordance with the provisions laid down in paragraph 8 of this Article. the right to attend the vocational school. Persons who are trained in a training facility according to § 8c shall be entitled to a training allowance, which forms the basis of contribution for the assessment of social security contributions. "

17. In accordance with § 8b, the following § 8c with headline is inserted:

" Occupational integrative vocational training

§ 8c. (1) The training of persons in an integrative vocational training according to § 8b (1) or (2) in training institutions which are not run by a lecturer, nor are schools or institutions listed in § 29, requires a person to be trained in an integrated vocational training system. Permission of the Federal Minister for Economic Affairs, Family and Youth, unless the conditions of § 30b are available.

(2) The authorization shall be granted if:

1.

the organisation and equipping of the training institution, taking into account any supplementary training in the case of an education in accordance with § 8b (1), the teaching of all the necessary training for the practical learning of the relevant teaching profession skills and knowledge and, in the case of training in accordance with § 8b (2), the teaching of the relevant sub-qualifications,

2.

for the required number of persons who have the personal conditions for the formation of apprentices,

3.

the design of the training in the case of section 8b (1) essentially corresponds to the vocational picture of the relevant teaching profession and the training objective corresponds to the requirements laid down in the examination regulations of this teaching profession and with the laying down of the In the case of Section 8b (2) of the mediation of the relevant partial qualifications, the final examination shall be completed and

4.

it is made credible that the leadership of the training facility is guaranteed for the required duration of training with a high degree of probability.

(3) The authorisation may be granted subject to conditions, in particular:

1.

the minimum level of practical training,

2.

the minimum or maximum extent of supplementary training;

3.

the maximum amount of occupational traineeships,

4.

The teaching of skills and knowledge of the application and the obligation to set up targeted efforts to take over the persons to be trainees in an occupational teaching relationship according to § § 1 and 2 as well as § 8b (1) and (2).

(4) The initial authorization shall be granted in respect of a training pursuant to § 8b (1), taking into account the teaching period of the lecturers applied for, and on the basis of the extension of the duration of the teaching period, to the duration of the longest of the requested periods. Teaching profession and extension of the teaching time. With regard to the training referred to in Article 8b (2), the initial authorization shall be based on the length of the longest period of the teaching profession concerned, on the basis of the teaching period of the requested teaching profession, of which partial qualifications are provided. . The authorization shall then be granted on an open-ended basis.

(5) In order to obtain the authorization, the holder of the training institution shall submit the necessary information and provide the necessary documents for the examination of the condition of the conditions laid down in paragraph 2.

(6) If the conditions laid down in paragraph 2 (2) (1) to (4) are no longer fulfilled, the holder of the authorization shall, under threat of withdrawal or non-renewal of the authorization, have a reasonable period of no more than six months. To remedy the shortcomings. If the deficiencies within the deadline are not remedied, the Federal Minister for Economic Affairs, Family and Youth shall withdraw or not extend the authorization.

(7) Permits for training facilities according to § 30 may be claimed as permits for training facilities according to § 8c.

(8) As far as § 8c does not contain any special arrangement, the provisions of § 8b shall apply.

(9) The provisions of this Federal Law, with the exception of § § 15a, 17, 17a and 18, shall apply to the holders of an authorisation in accordance with paragraph 1, to the training conditions and to the training conditions at all, subject to the condition that: In the case of training in accordance with § 8b (1), no teaching contract is to be concluded and the training conditions in training in accordance with § 8b (1) and (2) at the apprentice office in the form of a list, which must contain all the information required in section 12 (3), are to be registered. "

18. In § 12 para. 3 Z 2 the word order shall be " in the case of minor matrimonial apprentice, the first name, surname and place of residence of both parents; otherwise, for minor apprentices, the first name, the surname and the place of residence of his legal representative, as well as the name and the Seat of the Official Mouth of the Office; " through the phrase "in the case of underage apprentices, the first name, the surname and the place of residence of the legal representatives;" replaced.

19. In § 13 (1) and (2) (2) (2) i will be the term "Preliminary teaching" by the term "Integrative vocational training" and in para. 2 lit. h the phrase "the period of training completed in a preliminary lesson for this teaching profession or for a teaching profession related to this teaching profession, in the extent of Section 8b (3) to (5)." through the phrase "the period of training completed in an Integrative Vocational Training for this teaching profession or for a teaching profession related to this teaching profession, in the extent of Section 8b" replaced.

20. In § 13 (1a) and (2) (lit). e will each be the word sequence "an opinion to be refunded within four weeks" through the phrase "an opinion to be taken within four weeks" , in para. 2 lit. k the expression "an expert opinion" by the expression "an opinion" and in paragraph 5 of the expression "an opinion to be adopted within four weeks" by the expression "an opinion to be taken within four weeks" and the expression "In this opinion" by the expression "In this opinion" and the expression "if the opinion" by the expression "if the opinion" replaced.

21. In § 15a (8), after the expression " The Workplace-Backup Act 1991, BGBl. No. 683, " the expression " the disability employment law, BGBl. N ° 22/1979, " inserted.

22. In § 17a (2), the expression "Federal Ministry of Social Affairs" by the expression "Federal Ministry of Labour, Social Affairs and Consumer Protection" replaced.

23. In § 19 (4a) the term " "Opinion" by the expression "Opinions" replaced.

24. In § 19, para. 10, the expression "Federal Minister for Trade, Trade and Industry" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

25. In § 19c (2), § 19d (1) and Article 30 (1), the term " "Federal Minister for Economic Affairs and Labour" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

26. In § 19g (1), (2) and (3), the expression "Federal Ministry of Economics and Labour" by the expression "Federal Ministry of Economic Affairs, Family and Youth" replaced.

27. In § 20 (7) the expression "a consensual opinion" by the expression "an opinion" replaced.

28. § 24 (2) reads:

"(2) In the event of a non-existence of the final examination, only those test items which have not been evaluated with" not enough "are to be examined in the case of the repetition of the examination."

29. § 25 (1) first sentence reads:

" From the office as a member of the examination board, in the individual case the lecturer, the instructor, the training manager, the commercial managing director, the branch manager and, if the examination is filed after the relaying of the teaching time , the employers of the examinee as well as persons in which other important reasons, in particular kinship, weakness or registered partnership according to registered partnership law, BGBl. I n ° 135/2009, which are likely to cast doubt on their full unpartiality. "

30. § 25 (5), first sentence reads:

"On the basis of the grades determined in accordance with paragraph 4, the Examination Board has to determine whether the final examination of the final degree was awarded with distinction, passed with good success, passed or did not pass."

31. § 26 (5) second sentence reads:

"This includes the termination of the teaching relationship and the successful completion of the final examination in the relevant teaching profession, in the case of the assessment of the examination with distinction or with good success, even this to be assessed."

32. In § 27a (1), § 27b (2) and 29h (1) the expression shall be given in each case. "Federal Minister for Economic Affairs" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

Article 27a (2) reads as follows:

" (2) A test successfully filed abroad, which is not covered by paragraph 1, shall, at the request of the person who filed this examination, be examined by the Federal Minister for Economic Affairs, Family and Youth of the appropriate examination, which shall be submitted by the Federal Minister for Economic Affairs, Federal law is to be considered to be equal if it is proved that the vocational training and the skills and knowledge which have been proven in the examination are in cohesion, if need be, in the relevant fields of expertise already completed in the are equivalent to the applicant's being able to do so To carry out the teaching profession of peculiarity (equivalence) in a professional way. "

34. § 27a (3). The previous text of section 27a (4) receives the sales designation "(3)" and shall be amended to the effect that the expression "from the Federal Minister for Economic Affairs" by the expression "from the Federal Minister for Economic Affairs, Family and Youth" shall be replaced.

35. § 27c reads:

" Participation in international training programmes

§ 27c. (1) The period of participation in international training programmes is to be calculated from the apprenticeship position up to four months per teaching year. This period is reduced by a period of time in accordance with Section 13 (3). Periods of participation in international training programmes, calculated in accordance with this paragraph, reduce the time to be taken in accordance with Section 13 (3).

(2) The period of participation in international training programmes, in which a training corresponding to the vocational training of the respective teaching profession in the relevant academic year is completed, is from the apprentice office up to six The number of months per year of teaching is to be calculated on the apprenticeship period. This period shall not be reduced by the time already calculated in accordance with paragraph 1 or section 13 (3). In accordance with this paragraph, periods of participation in international training programmes shall not reduce the time to be taken in accordance with paragraph 1 or section 13 (3).

(3) The apprentice has to show the position of the apprentice without unnecessary delay, but at the latest within four weeks after graduation, to participate in an international training programme in accordance with paragraph 1 or 2.

(4) Participants in international training programmes as referred to in paragraph 1 or 2 shall be considered as apprentices within the meaning of the General Social Insurance Act, in the sense of the Family Law Balancing Act, BGBl. No 376/1967, in the sense of the Unemployment Insurance Act 1977, in the sense of the Insolvency-Remuneration Assurance Act (IESG), Federal Law Gazette (BGBl). No 324/1977 and in the sense of the Income Tax Act. "

36. § 28 para. 3 sixth sentence reads:

"In addition, prior to the registration of the teaching contract, the apprentice office has to obtain and take into account the opinion of the Land-Vocational Training Advisory Board on the factual justification and the extent of the credit transfer to be issued within four weeks."

37. In § 29 (2) and (4), the expression "an opinion" by the expression "an opinion" replaced.

38. § 29e para. 1, first sentence reads:

" From the Office as a member of the Examination Board for the examination board, in the individual case, the employer of the examinee and persons in which other important reasons, in particular kinship, weakness or registered association, are excluded are excluded from the examination. Partnership according to Registered Partnership Law, BGBl. I n ° 135/2009, which are likely to cast doubt on their full unpartiality. "

39. § 30b (1) and (2) are:

" (1) In accordance with the guidelines of the Administrative Board for Apprenticeship Training, which contain the provisions of § 30 or § 8c, the Labour Market Service has a training facility with the For the period of the assignment, the Federal Minister for Economic Affairs, the Family and the Youth is not authorized pursuant to Section 30 (1) and (c) of the German Federal Ministry of Economics and Technology. in accordance with Section 8c (1).

(2) Paragraph 1 shall also apply if, on behalf of the Labour Market Service, individual persons are additionally trained on a training place in a training facility in a specific teaching profession and thereby the number of persons for this teaching profession according to § 30 or § 8c granted or originally contractually agreed training places are exceeded. "

40. In accordance with § 30b, the following § 30c with headline is inserted:

" Trust Council

§ 30c. (1) Persons who are trained in a training facility according to § 8c, § 30 or § 30b shall have a trust council to choose for each location. This has the economic, social, health and cultural interests of the apprentices. He has to draw the attention of the holder of the training institution to any shortcomings and to propose appropriate measures. In addition, the Council of Trustees can make proposals on all the questions relating to training and should be involved in the planning of training. The holder of the training institution shall give the Council of Trustees the necessary time to carry out its tasks and shall make the necessary funds and material requirements available free of charge. It is obliged to consult with the Council of Trustees on a quarterly basis, at the request of the Council of Trustees also monthly, joint deliberations on the current affairs of training, to inform him of all important matters and to inform him of the matters of interest. To provide the necessary information for the performance of its tasks. The members of the Council of Trustees may not be restricted in the performance of their duties and shall not be penalised. If the members of the Council of Trustees are aware of personal circumstances or matters of the young people they represent, who need to be treated in a confidential manner, they shall have the following information: To maintain secrecy. The Federal Minister for Economic Affairs, the Family and Youth has set out further regulations for the rights and duties of the members of the Council of Confidence Council by means of a regulation.

(2) The Board of Trustees shall consist of up to thirty trainees from a member who must come from the trainee's circle for each location of the training facility. With 31 to 50 trainees at one location, the trust council consists of two members, with 51 to 100 trainees at one location from three members. For a further up to 100 apprentices at one site, the number of members increases by one more member. The duration of the work of the members of the Council of Trustees shall commence on the date of their choice and shall end with the date of the election of a successor or successor or of the withdrawal from the training establishment, and upon resignation of the Function. In the event of a failure or resignation of the function, the person closest to the election due to the result of the election shall take over the function.

(3) The election of the members of the Council of Trustees shall be made annually in the free, equal and secret ballot by all persons in the fourth quarter of each person at the location of the training establishment at the time of the election in a training relationship. year in an assembly of apprentices. The holder of the training institution shall be obliged to provide the necessary infrastructure for the implementation of the election. By means of a regulation, the Federal Minister for Economic Affairs, Family and Youth has the provisions on the convening of the election, on the drawing up of the electoral lists, on the leadership of the election, on the necessary quors for the election as well as on the electoral process (electoral system). The election may be appealed to the General Court by any person entitled to vote within one month, if the essential provisions of the electoral procedure or the guiding principles of the right to vote, in particular the free, equal and secret right to vote, are violated. and could be influenced by the outcome of the election. "

41. § 31 (2) reads:

" (2) The Advisory Board shall:

1.

the reimbursement of reasoned proposals for the release or amendment of regulations on the basis of this Federal Law to the Federal Minister for Economic Affairs, Family and Youth,

2.

the reimbursement of reasoned proposals to the Federal Minister for Economic Affairs, the Family and Youth on questions relating to the vocational training regulated by this Federal Act,

3.

the reimbursement of proposals to the federal school authorities on matters relating to vocational training regulated by this Federal Act; and

4.

the issuing of opinions in proceedings concerning the compliance of foreign examination certificates in accordance with § 27a and of national and international examinations and training with the examination of trainers or certificates issued by the German authorities. the training course in accordance with § 29h (2) and (4) and the granting and withdrawal of an authorization to train persons in training institutions pursuant to § 30.

In the case of the reimbursement of proposals and the submission of opinions, the Advisory Council has to take into account the results of vocational training research. "

42. In § 31 (3), the expression "Federal Minister for Trade, Trade and Industry" by the expression "Federal Minister for Economic Affairs, Family and Youth" , the reference " 2 lit. a " by reference " 2 Z 1 " , the expression "an opinion" by the expression "an opinion" and the phrase "an opinion delivered on time" through the phrase "a statement made in due time" replaced.

43. In § 31, para. 4, the expression "Federal Minister for Education and the Arts" by the expression "Federal Minister for Education, Arts and Culture" , the expression "the Austrian Chamber of Workers ' Chamber" by the expression "the Federal Chamber of Workers and Employees" and the expression "the Austrian Chamber of Workers ' Day" in each case by the expression "the Federal Chamber of Workers and Employees" replaced.

44. § 31 (4a).

45. In § 31a (2) and (3), the expression "Opinion" by the expression "Opinions" , in paragraph 3 of the expression "an expert opinion" by the expression "an opinion" and in paragraph 7 of the expression "to give an opinion" by the expression "for an opinion" replaced.

46. § 33 para. 2, 3, 4, 7, first sentence, 8, 9, 11, 12 and 13 are deleted. Section 33 (5), (6), (7) and (10) shall receive the sales "(2)" to "(5)" .

47. § 34 (3) reads as follows:

" (3) This federal law shall, in particular, remain unaffected:

1.

The Labour Inspectorate Act 1993, BGBl. No 27/1993, as last amended by the Federal Law BGBl. I No 150/2009,

2.

The Federal Law on Transport Labor Inspectorate, BGBl. I No 650/1994, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 150/2009,

3.

§ § 10, 19, 31 and 43 of the Economic Chamber Act, BGBl. I No 103/1998, as last amended by the Federal Law BGBl. I No 2/2008,

4.

§ § 4, 5, 9 and 93 (2) of the Labor Chamber Act 1993, BGBl. N ° 626/1991, as last amended by the Federal Law BGBl. I n ° 147/2009. '

48. § 34 (5) deleted. The previous text of paragraph 6 is given the sales designation "(5)" . The previous text of paragraph 7 is given the sales designation "(6)" .

49. The following paragraph 7 is added to § 36:

" (7) § 2 para. 1, 4, 5 lit. c and e, § 3 para. 1 Z 1, § 8 para. 13 and 14, § 8b para. 5, 6, 8, 10, 11, 13 and 14, § 8c, § 12 para. 3 Z 2, § 13 para. 1, 1a and 2 lit. e, i and h, § 15a para. 8, § 19 para. 4a, § 20 para. 7, § 24 para. 2, § 25 para. 1 and 5, § 26 para. 5, § 27a, § 27c, § 28 Abs. 3, § 29 (2) and (4), § 29e (1) (30b) (1) and (2), § 30c, § 31 (2) and (3) and § 31a (2), (3) and (7) in the version of the Federal Law BGBl (Federal Law Gazette). I No 40/2010 will enter into force on 1 July 2010. '

Fischer

Faymann