Key Benefits:
253. Regulation of the Federal Minister for Justice on the Women's Promotion Plan of the Judiciary Department for the period up to 31. December 2020
On the basis of § 11a(1) of the Federal Equal Treatment Act - B-GlBG, BGBl. No.100/1993, last amended by BGBl. I No 65/2015, is prescribed:
Women's support plan for the judiciary for the period up to 31. December 2020
Objectives and measures to achieve objectives
Objectives
§ 1. (1) The Federal Ministry of Justice recognises an active equality and equality policy to ensure equal opportunities for women and men.
(2) The implementation of the Women's Promotion Plan aims in particular to:
1. | promoting the recognition of women as an equivalent and equal partner in the professional world and promoting a positive attitude to women's career at all hierarchical levels; | |||||||||
2. | promoting the professional identity and self-confidence of women, | |||||||||
3. | to promote consensus on gender equality; | |||||||||
4. | reducing existing disadvantages of women, | |||||||||
5. | the active improvement of the reconciliation of work and family for women and men, | |||||||||
6. | promoting equal representation of women in all decision-making structures and advisory bodies; | |||||||||
7. | the objectivity assessments of discriminatory, rolling-stereotype evaluation criteria; | |||||||||
8. | increasing the proportion of women in the use, remuneration or function areas (see Section 4), where women are underrepresented; | |||||||||
9. | increasing the proportion of women in management positions; and | |||||||||
10. | the implementation of the guiding principles of gender mainstreaming, gender budgeting and the focus on gender equality objectives in all policies and policies, as well as specific measures to promote women in the system of personal planning and human development of justice. | |||||||||
Measures
Protection of human dignity, harassment
§ 2. (1) The dignity of women and men at work must be protected. behaviours that violate human dignity, in particular degradable statements and representations (pilots, calendars, screen officers, etc.), bullying, pornography and sexual harassment, as well as harassment of other kinds are to be avoided. The service provider has to take appropriate measures to raise awareness.
(2) The employees are also informed about the legal and other possibilities to combat sexual harassment or bullying, including on the occasion of the employees' talks. The service provider has to work to ensure that employees do not suffer any disadvantage in the event of a complaint concerning harassment or harassment. Other unjustified consequences (such as discreditation) are also to be prevented.
(3) It must be borne in mind for a working atmosphere which is based on mutual respect.
(4) Management and training leaders have to respect and, if necessary, intervene in their responsibility. In particular, managers and training managers meet the commitment to exemplary effect.
Increasing the proportion of women
§ 3. The Women's Promotion Plan is in accordance with § 11a. 3 B-GlBG at any time to define the time and time of personal, organisational and advanced measures to eliminate existing under-representation and existing disadvantages of women. There are binding targets for two years to increase the proportion of women in
1. | any grade, in any remuneration scheme or in each of the categories of use or remuneration, or | |||||||||
2. | – if there is a sub-division in functional groups (including primary career), pay groups or rating groups – in the group or | |||||||||
3. | in the relevant highlighted uses (functions), which are due to the non-partisan category by Z 1; | |||||||||
to define the scope of each service authority. | ||||||||||
Women's promotion ban
§ 4. (1) It is one of the service obligations of the representatives or representatives of the service provider (§ 2(4) B-GlBG), in accordance with the provisions of the Women's Promotion Plan, to promote the elimination of an existing underrepresentation of women in the total number of active employees and functions, as well as of existing disadvantages of women in relation to the service relationship (women's promotion ban). In the event of a sub-representation, the respective service authority has to target suitable women and invite them to apply.
(2) Women are under-represented if the proportion of women in total
1. | permanent employees in the relevant grade, in the payroll scheme or in the relevant use or remuneration group or | |||||||||
2. | – if there is a sub-division in functional groups (including a primary career), salary groups or rating groups – a permanent employee in the group or | |||||||||
3. | other highlighted uses (functions), which are made up of the last employees in the category not sub-division in groups by Z 1, | |||||||||
in the field of activity of the respective service authority is less than 50%. | ||||||||||
(3) If a user group is confronted with a corresponding remuneration group, it must be included in the comparison. Jobs in the payroll scheme are v and h are assigned to the group and function group (including basic career) of their evaluation in civil law.
(4) The binding requirements set out in the Annex to increase the proportion of women set out that, in the sense of eliminating the existing underrepresentation of women, the obligation to prioritise women in the Federal Service in accordance with § 11b B-GlBG and to prioritise women in career advancement under § 11c B-GlBG.
(5) The other ‘excessed uses’ must be considered:
1. | in the field of central office (seconds I, III, IV and Pr) | |||||||||
- | Head of Section, including Head of the Directorate-General and Deputy | |||||||||
- | Head of Unit | |||||||||
- | Central prosecutors/States in BMJ | |||||||||
- | Head of Department | |||||||||
- | Supreme prosecutors/Head of State in BMJ | |||||||||
2. | in the field of courts (Art. IV RStDG) | |||||||||
- | President/President of the Supreme Court | |||||||||
- | President/Presidents/Vice-President of the Regional Court | |||||||||
- | President/President of the Court of First Instance | |||||||||
- | Judges each of the salary group R 2 (II) and R 3 (III) | |||||||||
- | The most recent | |||||||||
3. | in the field of prosecutors' offices and the Generalprokuratur | |||||||||
- | Head/in and First/r Deputy/in Head of Generalprokuratur | |||||||||
- | Heads of Offices and First Deputy Heads of the Office | |||||||||
- | Head of Publicaatsanwaltschaft’s Office and First Deputy Head of Publicaatsanwaltschaft’s Office | |||||||||
- | Public prosecutors/state balances of the St2 (II) and St3 (III) | |||||||||
- | Group leaders | |||||||||
4. | in the field of civil servants/officials in particular | |||||||||
(a) | in the section of the Central Office, Courts, Offices and Generalprokuratur | |||||||||
(a) | in the use group A1, v1: | |||||||||
- | Central Office staff | |||||||||
bb) | in the use group A2, B/Payment Group b and v2: | |||||||||
- | Material workers | |||||||||
- | Head/in the unit and Deputy/in | |||||||||
- | Most senior business offices | |||||||||
- | Head of Unit | |||||||||
- | Regional responsibility | |||||||||
- | Revisor | |||||||||
- | Legal guardians | |||||||||
- | District address | |||||||||
cc) | in the use group A3, C/Payment Group c and v3: | |||||||||
- | Material workers | |||||||||
- | Head of team support and Deputy | |||||||||
- | Head of the depositaries | |||||||||
- | Most senior business offices | |||||||||
- | District address | |||||||||
- | Chief Executive Officer | |||||||||
- | Accounting Officers | |||||||||
- | Court executives | |||||||||
(d) | in E2/W2: | |||||||||
- | Head/in the unit of competence oversight and Deputy/in | |||||||||
(b) | in the section of the Implementing Directorate (or Directorate General for the Penalty and the execution of deprivation measures) and judicial institutions | |||||||||
(a) | in the A1, A/Payment Group a: | |||||||||
- | Heading functions in the field of STAK | |||||||||
- | Ms AnstaltHead of Deputy | |||||||||
- | Head of Psychological and Social Services | |||||||||
bb) | in E1/W1: | |||||||||
- | Heading functions in the field of STAK | |||||||||
- | Ms AnstaltHead of Deputy | |||||||||
- | Head of the Enforcement Area | |||||||||
- | Head of Economic Affairs | |||||||||
cc) | in E2/W2: | |||||||||
- | Justice Commissioner | |||||||||
- | Watchrooms | |||||||||
- | TractCommunicators | |||||||||
- | Main processors | |||||||||
- | oversight (guides of all the business and anstalts of the JA) | |||||||||
- | Justicewach School Commandant/in and Deputy/in | |||||||||
(c) | in the field of mutual assistance | |||||||||
(a) | in the A1, A/Payment Group a: | |||||||||
- | Head of Business Services | |||||||||
bb) | in the use group A2, B/Payment Group b: | |||||||||
- | Head of Business and External Services | |||||||||
Priority reception
§ 5. (1) When entering the Federal Service, candidates who are equally suitable for the desired plan office are as the most suitable competitors, in accordance with the provisions of this Women's Promotion Plan, in accordance with Section 11b B-GlBG. This also applies if, due to the achievement or overrun of the 50% female quota in a group, the Women's Promotion Plan would not be followed by measures which would fall under 50%. If the inclusion in the Federal Service is considered to be more than one group and only one of these eligible groups has a sub-representation,
§ 11b B-GlBG.
(2) In the circumstances relevant to the reimbursement of recruitment proposals, the language skills of women must also be taken into account. In the judiciary, a representative participation of women with different ethnic origins is also to be ensured.
Priority in career advancement
§ 6. (1) Applicants who are equally suitable for the targeted use (function) as the most suitable competitors are to be appointed as a matter of priority in accordance with the provisions of this Women's Promotion Plan pursuant to Section 11c B-GlBG. This is also true if the Women's Promotion Plan does not take any measures to achieve or exceed the 50% Women's quota, but by ordering the corresponding proportion of women would fall under 50%. If, in the course of career advancement, the assignment is considered to be more than a group and only one of these eligible groups has a sub-representation, § 11c B-GlBG is to be applied. Under Art. IV. 2 of the Civil Service Act (RStDG), BGBl. No 305/1961, is also to apply the federal equal treatment law when repayment of occupation proposals by staff members.
(2) These promotion measures have already to be taken into account when entrusting with activities relevant to entry, in particular, the Presidents of the National Courts, the Oberlandesgerichts and the Supreme Court of Justice, the chiefs of the District Courts, the Heads of the Offices and Supreme Offices, as well as the General Prokuratur and the Law Enforcement Directorates, as well as the judicial authorities for co-operation in judicial matters of equal competence.
Priority in education and training
§ 7. (1) In the field of training, women-specific training events as well as training events in the field of anti-discrimination, in particular training opportunities offered by the Working Group on Equal Treatment. The training measures for speakers and managers have also been extended to the subjects of "Anti-discrimination", "Moying", "equality" and "targeted promotion of women".
(2) Women will be given priority to participate in training and further education measures qualifying for the acquisition of higher-quality uses (functions) in accordance with the requirements of this Women's Promotion Plan (§ 11d B-GlBG). This applies in particular to judicial training, seminars and courses. This support measure is already mentioned in the tendering of training sessions. Decisions on the admission of professionals to basic education have to be made without consideration of their partial employment. Professionals will also be able to participate or apply.
(3) The service provider has to take into account the possibility of participation of staff responsible for the organisation, in particular in the temporary and local implementation of internal education and training events.
(4) In obtaining lectures for training sessions and training, a representative involvement of women and relevant expertise in the fields of equal treatment, anti-discrimination and gender mainstreaming needs to be taken into consideration.
Call for tender
§ 8. (1) In calls for tenders by plan agencies of a specific use (classification) or of certain functions, if the proportion of women in the field of activity of the respective service authority is less than 50%, it should be noted that female applications are particularly desirable for these posts and functions.
(2) If the proportion of women in a specific use (introduction) or a particular function is below 50%, it is also necessary to note in the tender that women are given priority in the cases of § 11b and 11c B-GlBG according to the Women's Promotion Plan. to be appointed (§ 7(3) B-GlBG). The understanding of service users is also to include the professional operators.
(3) However, the planned occupation of jobs that are not subject to a prescription, with which a career advancement is linked, is to be known in an appropriate manner to the candidate and the competent equality officer. The type of notice will be directed according to the local circumstances and to the prospective candidates (§ 7(2)). 1 B-GlBG). These include cartels.
Representation in Commissions
§ 9. (1) In the composition of Commissions, college bodies and Advisory Councils, which are used to prepare decisions or to decide on personnel matters, as well as by trained or comparable institutions, at least one member of the female and a member male must be appointed by the service provider. The or the Chairperson of the Working Group on equal treatment or a person made by her or his Deputy staff/r has the right to participate in all meetings of the Commission or of the body concerned with a consultative voice. The provisions on membership and confidentiality also apply to officials with a consultative voice (section 10). 1 B-GlBG, 12 paragraphs 1a and 35 paragraphs. 1a AusG).
(2) Similarly, when appointing members for other Commissions, in particular those with judicial participation, account must be taken of the pay-out relationship between female and male staff.
(3) The or the Chairperson of the Working Group on Equal Treatment or a staff made by her or his Deputy Prime Minister is in accordance with this. § 10 B-GlBG should be charged on time by the or the President of the Commission in order to allow her or his necessary preparation for the meeting.
Other measures
§ 10. (1) As part of their obligation to provide care, service providers have to promote the continued service of their staff, for example by motivating applications for functions and higher-quality uses or by inviting them to participate in training sessions.
(2) The topics relevant to the achievement of the objectives of this Women's Promotion Plan are at least once a year on the agenda of the meetings of personal leaders, in particular the President/inn/enferences of the regional courts, the Head/intellectual correspondents of the Supreme Offices and the heads of the judicial institutions. The or the chairperson of the working group and a/e of her or his/her Deputy/representative/in are invited to these meetings.
(3) In the framework of construction measures, it is possible to take into account the increased space requirements for part-time workers and partial-loaded needs.
(4) The employment bans under the maternity protection law must be strictly respected by the service provider; mothers will be supported by organisational and other measures.
(5) After returning from maternity or cared parents to the workplace, special attention must be paid to the family interests of these staff, in particular in the distribution of services. Search for replacement to facilitate the reconciliation of work, family and care must be taken into account if there is no important interest in the service.
(6) Women's voices are visible in hats, available and in writing to the judicial administration, as well as in the official tables and door signs. All women's names, as well as all titles and designations of use of women, are to be used in the female form.
Support for equality representatives
§ 11. (1) The activities of equal treatment officers and their Deputys are part of their duty. You will have the free time to perform their tasks. In particular, this must be taken into account when it comes to the creation of the division of business and staff and the distribution of business. For the equal treatment officer, the minimum amount of the exemption to be granted is 30%, for whose Deputys 20%, for the chairperson or chair of the working group and for the second Deputy or second Deputy respectively 20%, and for the first Deputy or first Deputy 30%.
(2) The service authorities have to ensure that the working group on equal treatment issues and their members are provided with the financial resources and resources necessary to carry out their activities (EDV, personnel, space and effort).
(3) The working group on equal treatment issues and their members are invited by representatives of the service provider to provide the necessary information for the performance of their tasks, in particular to give them access to the staff records, such as the assessment of suitability criteria or service failures (§ 31(2) B-GlBG). The equal treatment officer and their Deputy Deputys and the contact woman cannot suffer any professional disadvantage from their activities.
(4) Names, telephone numbers and services of equal treatment officers and their Deputys, or the Chairperson of the Working Group on equal treatment issues at the Federal Ministry of Justice and their or Deputy Deputy or Deputy Deputy and the contact women in each area are to be separated in the business distribution tables and telephone registers of each Service under the "Equal Treatment Officer/r/Chairperson and Contact Women of AGG".
Reports and understandings
§ 12. (1) To prepare the reports to be submitted by the Federal Minister for Justice in accordance with § 12 B-GlBG to the Federal Chancellor/ Chancellor, the Heads of the Postal Service have until 31 December. January each second year to report to the Federal Ministry of Justice on the state of implementation of equal treatment and promotion of women in the two previous calendar years in their field of action. The reports provided by the Federal Ministry of Justice must be used for this purpose.
(2) According to § 29(2). 3 B-GlBG may submit a written report on the implementation of equal treatment and promotion of women in the portfolio for the preceding calendar year, if necessary by the Head/Head of the Central Unit by the end of January of each year.
(3) The Heads of the Postal Service Authorities and the Organisation Unit of the Federal Ministry of Justice, responsible for the Central Office, have until 31 December. January of the Working Group on equal treatment issues, including 31. to present changes in the proportions of women in the total number of employees and functions according to the structure set out in the Annex and to update the figures from the last report. In addition, if necessary, written reports on the causes and reasons that have led to non-compliance with the mandatory requirements are to be joined.
(4) Under the § 31 B-GlBG, the equal treatment officer and their Deputy members are also required to provide all the personal and other information requested, such as evaluations from the federal staff information system or other statistical evaluations. Statistical data are to be prepared in the form requested by the Equal Treatment Officer, in particular on request separately by gender (women's values) and in terms of content, as well as by use, remuneration or salary groups or functional areas. To prepare the proposal for the Women's Promotion Plan according to § 29(2). 2 Z 3 and 11a. 1 B-GlBG are the equal treatment officer up to 31. January the data of staff by 31 January to be announced in accordance with the structure shown in the Annex.
(5) All recruitment procedures relating to posts in use, pay or pay-out groups or functional areas in which the mandatory requirements set out in the Annex are not met must immediately and formally inform the equal treatment officer of the relevant area by sending the tender or seeking interests. In particular, the Equal Treatment Officers have to agree which posts are publicly or internally advertised, who has applied for and who has ultimately been appointed to the published office.
(6) In all the occupation procedures, the equal treatment officer of the corresponding area of representation, as well as the representatives of the service provider, must provide all the documents relevant to the application process, in particular requests for applications, assessments, protocols and opinions and appointment proposals (including the justification of the college bodies).
Additional measures to promote women in prison
Reception procedure
§ 13. (1) The heads of the judiciary have to ensure that advertising for access to the profession is particularly geared to attracting women to the executive sector.
(2) The opening process will be completed within 3 months of the application period. Training has to start only after the start of the admission procedure.
Education and training, career advancement, repetition of tender
§ 14. (1) The Heads of the Judiciary Institutions have targeted and invited appropriate women to participate in all application and selection procedures of the Executive area. If, by the end of the period of application, there are no applications from women who meet the statutory appointment requirements, reception requirements or admission criteria, the place will be re-submitted or subject to the selection procedure. to recharge training. The repetition of the tender procedure may take place with the agreement of the Chairperson of the Working Group on Equal Treatment. As a result of the new call for tenders, there are no applications from women, the selection procedure must be carried out.
(2) The evaluation in the selection process must be based on objective considerations. House points are to be recognised according to the suitability assessments of how they have to be carried out for the judicial preparation service, according to a uniform assessment system. The award of points on the basis of the suitability criteria must be justified. The professional image of which the selection criteria are measured must take into account the skills and characteristics of women and men in the same way.
(3) In terms of service descriptions and aptitude considerations, no assessment criteria may be included, from which there is a disadvantage for women. The inclusion of fitness criteria based on a discriminatory, rollingstereotype understanding of gender is inadmissible.
Reconciliation of work and family
§ 15. (1) The heads of the judiciary have to ensure that childcare places are available in a sufficient number, in the vicinity of the judiciary, taking into account the needs of staff in the shift and switching service. Staff may not increase extra costs for child care from the shift and switch service.
(2) In order to ensure immediate use of a replacement force in cases of maternity and cardiovascular leave-related absences of staff, Karenzpools must be set up with the required number of immediately available staff.
Improvement of working conditions for women
§ 16. (1) At the end of each calendar year, the Heads of Justice are obliged to report to the Federal Ministry of Justice (Directorate-General for the Penalty and the Enforcement of Dismissal Measures) and to the Working Group on Equal Treatment on how the female ratio of the staff as a whole, in the Executive Service and in function posts has been developed over the previous year and what measures are planned to achieve a 50% female quota for the coming year. A deterioration of the female ratio in the areas of the report must be justified separately for each case.
(2) The evaluation of jobs and their weighting in relation to training and promotion criteria is subject to a gender review every year. The result of the examination is in the annual report after paragraph. 1.
(3) In determining service obligations, no discriminatory tasks, based on a rollingstereotype, should be understood by gender-based assignments. The same applies to the description and design of jobs.
(4) In case of short-term overtime arrangement, the service provider has to take into account the family situation of employees. In particular, he has to take a look at short-term non-delegible supply obligations (e.g. family care).
(5) At least, the Anstalt Heads have to report a preliminary draft of sexual harassment and/or bullying to the pre-existing authority and to inform the equality officer immediately. The scoreboard must be reimbursed independently of an assessment of the credibility or seriousness of the alleged act.
(6) Staff and third persons who claim discrimination on the grounds of sex may, without prejudice to the supervision of the service and disciplinary supervision, as well as the establishment of legal consequences and rights, also send a complaint to the service supervisory authority for breach of the EU's equal treatment directives. Within one month, the Supervisory Authority has invited interested parties to an open debate on dispute resolution, led by a neutral moderator/one neutral moderator.
Brand
