Social Fraud Fight Against Law - Sbbg And Modification Of The General Social Security Act, The Commercial Law On Social Insurance, The Farmers Social Insurance Act, Of Officials K...

Original Language Title: Sozialbetrugsbekämpfungsgesetz - SBBG sowie Änderung des Allgemeinen Sozialversicherungsgesetzes, des Gewerblichen Sozialversicherungsgesetzes, des Bauern-Sozialversicherungsgesetzes, des Beamten-K...

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113. Federal Act, a federal law to improve the social fight against of fraud (social fraud fight against law - SBBG) is issued and the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law, the officials-sick and accident insurance law, the labor contract law adjustment Act, of article III of the Federal Act Federal Law Gazette I no. 152/2004, the companies act on book, the Bauarbeiter-Urlaubs - und severance Act, the insolvency payment security law and the aliens Employment Act be changed

The National Council has decided:

Table of contents



Article 1





Social fraud control law (SBBG)







Article 2





Change of the General Social Security Act







Article 3





Amendment of the commercial law on social insurance







Article 4





Change of the farmers social insurance law







Article 5





Change of officers sick and accident insurance act







Article 6





Amendment of the employment contract law adjustment Act







Article 7





Other than entry into force of article III of the Federal Act Federal Law Gazette I no. 152/2004







Article 8





Change of the corporate book law







Article 9





Amending Bauarbeiter Urlaubs - and clearance law







Article 10





Amendment of the insolvency payment assurance Act







Article 11





Amendment of the aliens Employment Act





Article 1

Federal law to improve the social fight against of fraud (social fraud fight against law - SBBG)

1 section

General terms and conditions

Purpose of the law

§ 1 purpose of the Act is the strengthening of Defense, prevention and prosecution of welfare fraud (social fraud) and thus ensuring that independent and dependent activities to Regulation conditions within the meaning of the protection of workers, the social security system and of fair competition be exercised. Illegal practices in particular in connection with activities - according to their economic and social consequences - are to be tackled through improved coordination and effective controls of competent authorities and bodies.

Scope of application

§ 2. welfare fraud within the meaning of this Federal Act identifies all behaviors that have a breach of duties on the subject that are imposed on employees/service workers, employers/employers insured self-employed people in connection with the provision or execution of services or services and people/recipients of insurance, social or other transfer payments and the securing of social -, control - and of the surcharge revenue after Bauarbeiter-Urlaubs - und clearance Act (BUAG) , Federal Law Gazette No. 414/1972, and the bankruptcy fee backup Act 1977 (IESG), Federal Law Gazette No. 324/1977, and the purchase of insurance, social or other transfer services are used, in particular, if



1 the intentionally, posts of a service employee to the social security employer withholds the authorized insurer, or 2. someone makes the registration of a person to social security in knowing that of the social security contributions ongoing in consequence of the application should be done incompletely, mediated or are in order, or 3 someone the message of a person to the Bauarbeiter Urlaubs - und Abfertigungskasse (BUAK) in the knowledge , surcharges running in sequence the message should be performed not entirely, makes, gives or is in order, or 4 are enlisted people professional to the self-employed or employed gainful employment without the required registration to social security, or without the permission of the trade, taught or leave, or 5. employs a significant number of illegally employed persons (No. 4) or contracted with the independent carrying out work , or 6 persons to the social security system with the intent of pending insurance, social or other transfer services to obtain, although this not dependent employment, record.

2. section

Agency cooperation

Cooperation and information points

3. (1) social fraud is the this law listed authorities or bodies (called in the following cooperation and information centres) within the scope of their legal effect.

(2) cooperation bodies within the meaning of this Federal Act considered



1 Finanzstraf - and tax authorities of the Confederation, 2. the health insurance carrier is excluded the company health insurance funds within the meaning of § 23 para 1 No. 2 of the General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955 (the following carriers health insurance), 3 the Bauarbeiter Urlaubs - und Abfertigungskasse, 4. the insolvency compensation fund service GmbH and 5 the security authorities (3) as information centres within the meaning of this Federal Act shall apply



1. the district administrative authorities, 2. the trade authorities, 3. the Labour Inspectorate and 4. the labour market service.

Cooperation

The cooperation and information points have 4 (1) to support each other and to work together within the scope of their legal effect to combat social fraud.

(2) the cooperation and information points are required



1. a suspicion on welfare fraud, 2 for the regular information and exchange of experience with other cooperation and information centres to provide, and 3 to coordinate their investigations and official acts in pursuit of infringements if possible and in fact investigations and inspections coordinated proceed as early as possible to sign the cooperation of authorities.

(3) in order to facilitate the contact and the commitments referred to in paragraph 2, the tax authorities, the health insurance carrier, Bauarbeiter Urlaubs - und Abfertigungskasse and the security authorities have each appointed one a social fraud control officer/n for each State.

(4) for the purposes of social fraud is an Advisory Committee under the leadership of the Federal Ministry for labour, Social Affairs and consumer protection established, each a / e are representative of the Federal Ministry of finance, of the Federal Ministry of the Interior, the Federal Ministry of Justice, the Federal Ministry of health, the Federal Ministry for science, research and economy, the main Association of Austrian social security institutions, the Bauarbeiter Urlaubs - und Abfertigungskasse and insolvency compensation fund services GmbH.

(5) the task of the Advisory Board is to improve the fight of against social fraud. These include in particular:



1. discussion of common problems related to combat social fraud, 2. discussion of trends and developments as well as formulation and evaluation of possible measures to improve the social fight against of fraud (how about a further development of investigation methods) 3 common priorities in the fight against social fraud; Development of a joint action plan to better combat social fraud, 4. establishing recommendations for the remit of social fraud control officer pursuant to par. 3, 5. setting accessable and process descriptions, to put the cooperation requirements of paragraph 2 in specific situations.

(6) the Advisory Board shall convene annually at least twice. He is from the / be convened by the Chairman of the Advisory Board. The Federal Minister for labour, Social Affairs and consumer protection has to convene the Advisory Board within six months after entry into force of the Federal law, and to hold the Presidency.

(7) decisions are by an absolute majority of the votes of all the members of the Advisory Board. Vote decides the voice of / the Chairman. Details of the meetings and decision-making has to determine the rules of procedure to whatever by the Advisory Board. A majority of at least two-thirds of the votes of all the members of the Advisory Board is required for decisions of the rules of procedure and each of its amendments.

(8) the Advisory Committee can listen to representatives of the Federal Chamber of labour, the Austrian Federal Economic Chamber and the Austrian Trade Union Confederation and the Association of Austrian industry, as well as other experts. For in paragraph 5 Z 3 tasks of the Advisory Board have led stakeholder groups a right to be heard.

Data exchange; Joint information system

§ 5 (1) to combat social fraud within the meaning of § 60/1974, have no. § 153 c to 153rd of the Penal Code (StGB), BGBl. If there is a suspicion of fraud social according to these regulations the cooperation agencies and to make each other all necessary information and data, for the examination as far as their knowledge for the legitimate tasks of the respective cooperation agency or public prosecutor's Office within the framework of its legitimate jurisdiction requires the public prosecutor's Office. The exchange of data has to be carried out on the database referred to in paragraph 2 and is limited to the types of data referred to in paragraph 2.


(2) the Federal Ministry of Finance has for the purpose of gathering and facilitating identification of social fraud cases after the §§ 153 c to 153rd StGB to lead a social database of fraud. In this database, the data on natural and legal persons are processed, when is evidence for the existence of welfare fraud within the meaning of § § 153 c to 153rd StGB revealed. The relevant data types are:



1 (former) Family name or last name, birth name, given name, social security number and date of birth, place of birth, gender, nationality, residence and work permissions, activities as well as remuneration, 2nd companies company name and operating name, headquarters, headquarters and premises, structure of the operation (E.g. group, root, branch operations), operating subject, industrial-sector affiliation, and name and residence of the person, the evidence for the existence of welfare fraud, 3rd the tax authority, which has carried out the review, 4. the presentation of the evidence for the existence of welfare fraud , 5. correspondence with the cooperation bodies as well as other people, companies and authorities in connection with investigations, as well as date of initiation and the timing of the completion of the procedure by the tax authorities and when and how of the disposition by the Court or the public prosecutor's Office, 6 other required evidence (transcripts with witnesses, accused persons, documents, invoices) 7 data to the relevant offences and not wage paid the amount and contributions , Employment or the employment period resulting from the social insurance registration.

(3) the database referred to in paragraph 2 is as a joint information system within the meaning of § 4 Z 13 of the data protection Act 2000 (DSG 2000), Federal Law Gazette I no. 165/1999, done. The Federal Data Center GmbH is entrusted with the operation of the database referred to in paragraph 2. The Federal Ministry of Finance shall exercise both the function of the operator in accordance with § 50 DSG 2000 as well as the service provider in accordance with § 4 Z 5 DSG 2000 in. The Federal Ministry of finance meets the obligation to carry out of the message after the sections 17 and 19 DSG 2000 for the cooperation offices referred to in § 3 par. 2 and the public prosecutor's Office as privacy. The database is designed so that a disclosure may be limited data according to para 2 on concrete cooperation agencies and prosecutors and DSG 2000, in particular as regards access and permissions, loggers and documentation, complies with the requirements of § 14 para 2.

(4) the date of the inclusion of the database referred to in paragraph 2 as well as more details about the procedure when using data in terms of on the data security measures necessary for the respective data use provided for in paragraphs 1 and 2 and 5 and 6 are to be determined by the Federal Minister of finance by regulation. For the use of data in accordance with paragraphs 1 and 2 and 5 and 6 regulation has rules within the meaning of § 14 para 2 DSG 2000, particularly about access control and permissions, loggers and documentation be provided.

(5) the information and data exchange takes place between the cooperation and the public prosecutor's Office about the database referred to in paragraph 2. Having the different cooperation bodies and the individual prosecutors in connection with the gathering of data and the same capture to processing, taking into account the necessity to make the decision referred to in paragraph 1, which data will disclose to which other co-operation centre or public prosecutor's Office. For the purpose of carrying out specific investigations, acts and measures to combat social fraud within the meaning of §§ 153 c to 153rd of the criminal code are the cooperation agencies and the public prosecutor's Office shall be entitled to inspect in the social data bank fraud on automation-supported way.

(6) personal data processed in the database referred to in paragraph 2 a concrete social suspicion of fraud is to delete after the expiration of five years after the processing of the first date in the social data bank fraud. Personal data of the sections-153 after c Shawshank Redemption are CP to 153rd to delete after the expiration of ten years from the conviction. Provided that is visible, not confirmed of the social fraud is suspected, the data is immediately to delete. This deletion obligations apply also for the data used with the cooperation offices directly. That the cooperation bodies in other legislation granted privacy commitments and imposed data protection obligations but not touch.

Powers of investigation of the Finanzstraf - and tax authorities and bodies

6. (1) the public prosecutor's Office can in pursuit of offences referred to in the paragraphs 153 c to 153rd StGB take the help of Finanzstraf - and tax authorities of the Federation and its institutions claim.

(2) which are in paragraph 1 authorities referred to and organs of the Federal Finance Administration in the course of their duties committed to investigation into each of them note reached initial suspicion concerning offences the §§ 153 c 153rd of the criminal code to run. On this scale, they are in the service of criminal justice (art. 10 par. 1 Z 6 B-VG) active and have the tasks coming to the security authorities in the code of criminal procedure and powers see by analogy with application of § 196 4 of financial criminal law, to perceive BGBl. No. 129/1958,.

Private participation

§ 7. The sources of health insurance and the federal tax authorities come pre-trial as well as in the main and appeal proceedings according to the § § 153 c to 153rd criminal law within the framework of their respective areas of competence to the position of said.

3. section

Measures against dummy companies

Procedure for determining the glow company

Section 8 (1) is a company that is geared primarily to dummy companies



1 wage taxes, social security contributions, worker-seekers to reduce charges after the BUAG or compensation claims, or 2 people to social security to login to obtain insurance, social or other transfers, although this not dependent employment record.

(2) a suspicion of occurrence of a certificate company is given when the evidence at a total consideration establish reasonable doubt their weight, their importance and their true economic content, whether



1. the registration for social security or the message of Bauarbeiter Urlaubs - und Abfertigungskasse is worn by the intent, consecutive wage ongoing application or message and social charges or surcharges to be paid, after the BUAG entirely or 2. registration for the social security of the willful worn, that the registered persons take a dependent employment.

The federal tax authorities have the investigation regarding suspicion of existence a ticket company in the meaning of that provision making.

(3) evidence of a suspected occurrence of a certificate company are in particular:



1. irregularities in the context of a risk - and saliency analysis according to § 42 b ASVG or comparable instruments, 2. Untraceableness by persons working for the company that correspond to the specified business branch of the tax authority or last known given the institution of health insurance after the ASVG address or the address entered in the register of companies, 3. impossibility of establishing a personal contact to the right wearer or whose organ scientific representative business address registered in the commercial register, or the of the tax authority or the carrier health insurance after the ASVG last known address, 4 use of false or falsified documents or evidence by the persons to be attributed to the company, 5. absence of resources appropriate for the specified business or business assets, 6 existence of not merely low arrears of contributions at the time of registration of the / the service employee/service workers to social security.

(4) for determining licence Enterprise competent tax authority is the Tax Office of the permanent establishment (article 81 income tax Act 1988 - EStG 1988, Federal Law Gazette No. 400/1988), the perception of the matters of to be taken by the undertaking concerned tax trigger by the labour incumbent. Is suspected following the occurrence of a ticket company, this writing is the right wearer by the tax authority. For the purpose of clarification of the facts according to § 7 paragraph 1a insolvency payment security law (IESG), Federal Law Gazette No. 324/1977, has in writing to inform the tax authorities of the IEF-service GmbH on the existence of a suspicion within the meaning of the first sentence.

(5) the notification of this communication has to electronically No. 200/1982, after the 3rd section of the extra law (ZustG), Federal Law Gazette without proof of delivery be made. This second sentence ZustG also apply § 35 par. 6 and, as far as it relates to the receipt of the electronic communication, § 35 para 8 ZustG and, insofar as it relates to an electronic address, § 37 ZustG not.


(6) the electronic delivery is not possible, has the physical delivery to the address most recently announced the tax authority and registered in the companies register any business address, 4 ZustG considered Z drop-off points within the meaning of § 2, without proof of delivery to be carried out. Physical delivery is also effected, if the conditions of the ZustG in the presence of / the recipient/recipient or one / a representative is not available or document - due to Untraceableness of / the recipient/recipient - not in a dispensing device for the place of delivery or a left back at the place of delivery are could. Delivery by a delivery service or an organ of a commune the delivery is considered on the third business day after delivery to the delivery service or the community causes. § 26 para 2 second sentence ZustG is not applicable.

(7) against the suspicion split with at the tax authority may be appealed within one week of delivery. The opposition can only by attending the / entity/right wearer or of their organ-community representative must be carried out.

(8) if not appealed, has the tax authority decision to determine that the company, which is a suspected pursuant to par. 2, considered to be dummy companies. The para 5 and 6 apply to the notification of this decision. The final decision is all points of cooperation, to transmit the trade authority and the contractor cadastre Austria; the same applies to any subsequent changes concerning the finding as a dummy companies.

(9) is appealed, the tax authority shall after carrying out an investigation with notice to determine whether the company, which is a suspected pursuant to par. 2, considered to be dummy companies. The finding as a dummy companies considered good cause within the meaning of § 102 of the federal tax code (BAO), Federal Law Gazette No. 194/1961. For the delivery of this decision the address most recently announced the tax authority is considered Z place of delivery within the meaning of § 2 4 ZustG. Physical delivery is also effected, if the conditions of the ZustG in the presence of the / the recipient/recipient or one / a representative is not available or written communication by the filing - due to Untraceableness of / the recipient/recipient - not in a delivery device for the delivery point inserted, left at the place of delivery or attached to the front door could. The final decision or the realization of the Administrative Court is all points of cooperation, to transmit the trade authority and the contractor cadastre Austria; the same applies to any subsequent changes concerning the finding as a dummy companies.

(10) the Federal Ministry of Finance has to publish a list of legally established dummy companies in the Internet (identity, company registration number, and business address of the ticket company).

(11) if the dummy companies to one in the register of companies registered / n legal bearer, the final decision or the realization of the Administrative Court of the tax authority is to provide the competent company register Court; the same applies to any subsequent changes concerning the finding as a dummy companies. The Court has on the basis of such notice officio the registration in accordance with article 3, paragraph 1 Z 15a of the companies book law FBG (), BGBl. No. 10/1991, to make or to delete. The dummy companies is a corporation, the tax authority at the competent court has to provide, where appropriate, a request for deletion of society due to lack of assets according to § 40 FBG.

(12) on the procedure, the rules of the BAO shall apply mutatis mutandis with the foregoing and following features:



1. for the release pursuant to paragraph 4, BAO shall apply mutatis mutandis the § 93 par. 3 to 6. It is also pointed out that the ordinary procedure is initiated in the case of the collection of the opposition.

2. the deadline for the introduction of a complaint according to § 243 BAO is one week. Section 245 subsection 3 BAO does not apply.

3. the period for requesting re-establishment of rights according to section 308 subsection 3 BAO is two weeks. As far as the time limit for the survey of the opposition against the suspicion split with pursuant to paragraph 7 was missed, the attending has to be made within the period for requesting re-establishment of rights. The period according to § 309 BAO is six weeks.

4. Appeals against administrative decisions are the paras 8 and 9 to the Federal Finance Court.

Liability for payment

§ 9. From the final determination of the ticket company liable / the entrepreneur be order if he or she at the time of placing the order knew or had to know that the receiving order companies to a dummy companies according to § 8 is, in addition to the dummy companies as Bader/e/in and Zahler/in according to Article 1357 of the General Civil Code (ABGB), DL No. 946 / 1811, for the demands on the legal , laid down by regulation or collective remuneration for work performed in the context of the assignment of workers employed by the dummy companies.

4 section

Final provisions

References

§ 10. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Enforcement

§ 11. Are entrusted with the enforcement of this Act with regard to



1. the sections 1, 2, 3, 4, 5 para 1 and 3 of the Federal Minister for labour, Social Affairs and consumer protection, the Federal Minister of finance, the Federal Minister of the Interior, the Federal Minister of Justice, the Federal Minister of health and the Minister for science, research and economy, 2.
section 5 paragraph 2 of the Federal Minister of finance, 3. § 6 of the Federal Minister of finance and the Minister of Justice, 4.
§ 7 of the Federal Minister for Justice, 5. Article 8 of the Federal Minister of finance and the Federal Minister for labour, Social Affairs and consumer protection and 6 of § 9 of the Federal Minister for labour, Social Affairs and consumer protection.

Entry into force

§ 12. This federal law shall enter into force 1 January 2016.

Article 2

Change of the General Social Security Act

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 2/2015, is amended as follows:

1 the following paragraph 7 is added to in section 11:

"(7) the compulsory insurance of the persons referred to in article 10 paragraph 1 expires with the final determination of a ticket company,



1. If they call for the personal appearance of the insurance institution pursuant to § 43 para 4 not or not timely comply;

2. If they can't can allege, they were actually doing good work."

2 the following paragraph 7 is added to in article 23:

"(7) the health insurance carrier are entitled to convince themselves that the medical arrangements and the provisions of the hospital order of the insured / are held by the insured person." "The health insurance carrier are also entitled, the health state of the / of sufferers to consider."

3. in the article 31, par. 5, 11 following Z 12 after inserted the Z:



"12 on the implementation, documentation and quality assurance of controls in the area of contractual partner according to § 32a;"

4. the heading for subsection 6 of section III of the first part as well as the to be inserted after the heading sections 32a and 32B with headings are:

"Monitoring and controlling in social security

Control in the area of the Contracting Party

Article 32a. (1) referred to in the paragraphs 23 to 25 insurance carrier and the carrier of the special insurance referred to in § 2 para 2 are required to verify the lawful, as well as the total - and individual-contractual procedure of the Contracting Party. For this purpose, the insurers are authorized to use eCards specially for that purpose issued by the inspection bodies of the insurance carrier. Controls of the party with the help of specially for that purpose issued e-cards are only in case of justified suspicion on a not lawful or total - or individual-contractual procedure of the contractual partner / the contract partner allowed and in addition at random due to a sampling plan to be created each year in advance.

(2) the services actually provided on the occasion of a check referred to in paragraph 1 the Contracting Parties/contractors are according to the applicable total contract billable. After carrying out a check, the result by the inspection body shall be documented immediately. The respective insurance carrier has records to lead over the controls. The revised contract partner/party is to inform in an appropriate manner on the control.

(3) the Association has to advise the implementation and the results of checks referred to in paragraph 1 at least annually together with the respective contractual partner's eligible nationwide advocacy and may make recommendations for the implementation and quality assurance together with the representation of interests.

Participation of not party/indoor


§ 32 b. The service provider for its / their performance reimbursement, reimbursement, or a grant is to be granted or has been granted, has on the determination of the respective claim to participate."

5. in article 33, b is inserted after paragraph 1a 1 the following paragraph:

"(1B) registration by companies that administrative decision have been established as dummy companies according to section 35a, is not permitted and does not count as notification pursuant to § 41." Affected persons are to request pursuant to § 43 para 4 to exchange of information."

6. after section 35 the following section 35a and heading shall be inserted:

"Dummy companies

section 35a. (1) which are insurance final determining of the existence of a licence company by the federal tax authorities according to § 8 of the social fraud control Act (SBBG), Federal Law Gazette I no. 113/2015, bind.

(2) the federal tax authorities have their notices to companies about the suspected existence of a certificate company to deliver the health insurance bodies. The same is true for the rebuttal of the presumption, as well as for decisions that in the event the existence of a certificate company is determined.

(3) have people who have timely met the prompt to the personal appearance at the health insurance carrier according to § 43 para 4, made credible, having carried out work in the area of license company, actually (for certain periods of time) of the health insurance carrier has to identify the employer of such persons. This is not possible, so releasing the contract company, when it knew or had to know that it was taking order company to a dummy companies according to § 8 SBBG is - from the final determination of the ticket company - as employer, and unable to prove to have received no work performed by these individuals or to receive. paragraph 49 is to apply mutatis mutandis in such cases."

7 paragraph 41 paragraph 4:

"(4) messages outside electronic data transmission shall only be deemed refunded, if they are made in accordance with the regulations according to § 31 para 5 Z 29. These guidelines have for messages by individuals in the context of private households



1. other message types in particular to permit, if a) a message by means of remote data transmission is unreasonable;

(b) the message was demonstrably technically excluded by blameless loss of essential part of establishing data transmission;

2. an order that of other message types to determine which subordinated message types to allow only are if priority for the employers are economically not justified.

According to § 33 ABS. 1a No. 1 is in the guidelines be provided also the telephone message and the message by fax."

8. in article 42, according to paragraph 1, the following paragraph 1a is inserted:

"(1a) the reasonable suspicion for the presence of conduct that SBBG represents social fraud within the meaning of § 2, or according to § 8 shall SBBG, on the existence of a certificate company is



1. the staff of the insurance carrier is entitled a) to perform their tasks the premises, as well as the lounges of the contractors to enter;

(b) the information necessary to perform their tasks by all persons present on the premises, which engaged in work on the establishment are to obtain;

2. the contractors required to show their identity cards or other documents establishing their identity at the request of employees of insurers;

3. the employer or their agent is obliged to provide the information necessary to perform their tasks to employees of the insurance carrier.

The employer has to ensure that his absence from the premises after no. 3 granted the necessary information to employees of the insurance companies and granted the necessary documents a person there present."

9. after article 42a, the following paragraph is inserted 42 b together with heading:

"Risk and saliency analysis tool

section 42 b. (1) the health insurance carrier have to take measures against the abuse of insurance, as well as to ensure the insurance risk and saliency analysis (risk and saliency analysis tool) in terms of employer conduct. It is using to examine the insured person referred to in the annex 14 - and employer data in particular to the following aspects: suspicion of moonlighting, license registration, insured streams, employer relationships, danger of insolvency as well as reporting and contribution payment behavior.

(2) the Upper Austrian regional health insurance fund has to link the analyses referred to in paragraph 1 as a centre of excellence and to make the results of this link all health insurance institutions concerned, the tax authorities of the Federation and the Association. As far as the use of personal data is not mandatory, the results of the data uses at the earliest opportunity technically and organizationally are to pseudonymisieren.

(3) the federal tax authorities are required to submit the data of sales tax the health insurance bodies to carry out the analyses referred to in paragraph 1. The Federal Minister of finance in agreement with the Federal Minister of labour, Social Affairs and consumer protection regulates the procedure of submission, the content of the messages and the procedure of data carrier Exchange, as well as the automation-supported data transmission, regulation.

(4) the risk and saliency analysis tool is referred to in paragraph 1 as a joint information system within the meaning of § 4 Z 13 of the data protection Act 2000 (DSG 2000). The Oberösterreichische Gebietskrankenkasse exercises both the function of the operator according to § 50 DSG 2000 and those of the service provider pursuant to § 4 Z 5 DSG 2000 in. The Oberösterreichische Gebietskrankenkasse meets the notification according to § 17 DSG 2000 for the health insurance carrier as data protection clients. In the message he can be referenced regarding Nos. 1 and 3 to 5 DSG 2000 referred content in the § 19 para 1 the social law of fraud fighting. The database is in such a way, that a disclosure may be limited data according to para 1 on concrete health insurance carriers, federal tax authorities or the main office.

(5) the date of the inclusion of information system, as well as more information about the necessary safety precautions in the use of the data referred to in paragraph 1 are by the main Association of data protection regulation according to § 31 para 12 to set in. This determination has to be made no later than 30 June 2016. The Association is active in the figurative sphere and bound by the instructions of the Federal Minister for labour, Social Affairs and consumer protection."

10 the following paragraph 4 is added to § the 43:

"(4) the insured persons are obliged to appear in person to the health insurance institution established company within six weeks after written request according to section 35a to exchange the information about employment at a legally as dummy companies."

11. in the section 67a para 6, the point is at the end of the lit. (b) "or" replaced the word; following Nos. 5 and 6 are added:



"5. not all due surcharges are paid after the BUAG or 6 not all due tax claims of the Covenant are met."

12 § 67a para 6, last sentence reads:

"Request is not granted, so is the balances with liabilities of the contracted company to charge according to the following order: open contribution debts, claims against the contractors on the basis of liability according to paragraph 1, additional services, tax claims of the Federal Government."

13. in § 67a para 6a first sentence is inserted after the word 'sickness insurance institution"the expression"or the Bauarbeiter Urlaubs - und Abfertigungskasse".

14. in the section 111, paragraph 1, introduction is inserted after the parenthetical expression (place) the expression "or according to § 42 para 1 accountability-person".

15 in § 111 paragraph 1 of point replaced 4 by the word "or" at the end of the Z; following Nos. 5 and 6 are added:



"5. duly designated officials who does not show insurance carrier before a card or an other document establishing the identity or the information necessary to carry out their responsibilities not granted 6 duly designated officials of the insurance carrier."

16. the existing text of § 111a receives the sales designation (1); the following paragraph 2 is added:

"(2) in the administrative penal proceeding after the sections 111, 112 and 112a the insurance carrier that the misdemeanor in the district administrative authority has shown party position and is has entitled to rise against decisions of complaint with the Administrative Court and appeal to the administrative court."

17. (principle of determination) § 148 Z 6 penultimate and last sentence read:

"The hospitals are required to use the e-card and the e-card infrastructure and to verify the identity of the patient, as well as the legitimate use of the e-card. The verification of identity is to perform for patients up to 14 years of age only in case of doubt."

18 (principle of determination) article 149, paragraph 2, first sentence, is replaced by the following records:


"The contracts with the hospitals referred to in paragraph 1 shall require the written form for their validity and have in particular detailed provisions on instruction, verifying the identity of the patient and the lawful use of the e-card, the inspection of all documents for the assessment of the case of illness, such as E.g. in the medical history, x-rays, laboratory findings, also to contain the medical examination by a doctor appointed by the insurance carrier / a specialist appointed by the insurer to the institution in agreement with this. The verification of identity is to perform for patients up to 14 years of age only in case of doubt."

19 the following paragraph 5 is added to § the 338:

"(5) neither by the Treaty within the meaning of the sixth part by sub control of the Contracting Party by the insurance carrier and the use of individual control instruments can be excluded by the insurance carrier."

20 § 342 paragraph 1 Z 3 is:



"3. the rights and obligations of the contract contract doctors and contract group practices, including their claims to compensation of the medical service as well as verifying the identity of the patient and the lawful use of the e-card;" the review is to perform for patients up to 14 years of age only in case of doubt; Furthermore are arrangements on how to not template of the e-card, negative claim verification and impossibility of verification of identity;"

21. after section 691, 692 the following section including headline is attached:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. 113/2015"

692 (1) the articles 11, paragraph 7, 23 para of 7, 31 paragraph 5 Z 12, 32a together with heading, 32 b together with heading, 33 par. 1B, 35a and heading, 41 paragraph of 4, 42 paragraph 1a, 42 b together with heading, 43 par. 4, 67a para. 6 and 6a, 111 paragraph 1, 111a, 148 No. 6, 149 para 2, 338 section of 5 and 342 paragraph 1 Z 3 as amended by Federal Law Gazette I no. 113/2015, as well as the heading to section 6 subsection III of the first part and the annex 14 enter into force 1 January 2016.

(2) the provincial legislature has to enact the implementing provisions to the §§ 148 Z 6 and 149 paragraph 2 within six months."

22. According to annex 13 following Annex 14 is added:

"Annex 14

Use of data at risk and conspicuous feature analysis

Following data can be used in the creation of the evaluations according to § 42 para 1 b:

in the employer section: master data, post account data, GPLA data, test file data, contribution accounting data, ÖNACE data and credentials;

"in the DienstnehmerInnenbereich: master data and insurance data."

Article 3

Amendment of the commercial law on social insurance

The commercial law of social insurance - GSVG, BGBl. No. 560/1978, as last amended by Federal Law Gazette I no. 2/2015, is amended as follows:

1 (determination of principle of) article 98, paragraph 2, first sentence, is replaced by the following records:

"The contracts with the hospitals referred to in paragraph 1 shall require the written form for their validity and have in particular detailed provisions on instruction, verifying the identity of the patient and the lawful use of the e-card, the inspection of all documents for the assessment of the case of illness, such as E.g. in the medical history, x-rays, laboratory findings, also to contain the medical examination by a doctor appointed by the insurance carrier / a specialist appointed by the insurer to the institution in agreement with this. The verification of identity is to perform for patients up to 14 years of age only in case of doubt."

2. According to section 359, 360 the following section including headline is attached:

"Final provisions article 3 of the Federal Act Federal Law Gazette I no. 113/2015"

360. (1) section 98 subsection 2 in the version of Federal Law Gazette I no. 113/2015 effective with January 1, 2016.

(2) the provincial legislature has to enact the implementing regulations for section 98 subsection 2 within six months."

Article 4

Change of the farmers social insurance law

The farmers social insurance law – BSVG, Federal Law Gazette No. 559/1978, as last amended by Federal Law Gazette I no. 2/2015, is amended as follows:

1 (principle of determination) Article 92, paragraph 2, first sentence, is replaced by the following records:

"The contracts with the hospitals referred to in paragraph 1 shall require the written form for their validity and have in particular detailed provisions on instruction, verifying the identity of the patient and the lawful use of the e-card, the inspection of all documents for the assessment of the case of illness, such as E.g. in the medical history, x-rays, laboratory findings, also to contain the medical examination by a doctor appointed by the insurance carrier / a specialist appointed by the insurer to the institution in agreement with this. The verification of identity is to perform for patients up to 14 years of age only in case of doubt."

2. According to § 351, 352 the following section including headline is attached:

"Final provisions to article 4 of the Federal Act Federal Law Gazette I no. 113/2015"

352. (1) section 92 para 2 as amended by Federal Law Gazette I no. 113/2015 effective with January 1, 2016.

(2) the provincial legislature has to enact the implementing regulations for article 92 par. 2 period of six months."

Article 5

Change of officers sick and accident insurance act

The officials-sick and accident insurance law - B-KUVG, Federal Law Gazette No. 200/1967, as last amended by Federal Law Gazette I no. 2/2015, is amended as follows:

1 (principle of determination) § 68 para 2 first sentence is replaced by the following records:

"The contracts with the hospitals referred to in paragraph 1 shall require the written form for their validity and have in particular detailed provisions on instruction, verifying the identity of the patient and the lawful use of the e-card, the inspection of all documents for the assessment of the case of illness, such as E.g. in the medical history, x-rays, laboratory findings, also to contain the medical examination by a doctor appointed by the insurance carrier / a specialist appointed by the insurer to the institution in agreement with this. The verification of identity is to perform for patients up to 14 years of age only in case of doubt."

2. According to section 242, 243 the following section including headline is attached:

"Final provisions article 5 of the Federal Act Federal Law Gazette I no. 113/2015"

243. (1) section 68 para 2 as amended by Federal Law Gazette I no. 113/2015 effective with January 1, 2016.

(2) the provincial legislature has to enact the regulations of § 68 para 2 period of six months."

Article 6

Amendment of the employment contract law adjustment Act

The labour contract law adjustment Act, Federal Law Gazette No. 459/1993, as last amended by Federal Law Gazette I no. 94/2014, is amended as follows:

1 in § 7 paragraph 1a No. 6 is the formulation "a / Strafbescheid of the competent district administrative authority relating to their working relationship" through the formulation of "one / their working relationship question display according to paragraph 3" replaced.

2. in the section 7 g para 3 is the formulation "a / Strafbescheid of the competent district administrative authority relating to their working relationship" through the formulation "one / their working relationship question display according to § 7 paragraph 3" replaced.

3. in § 7i par 5 fourth sentence is replaced by the phrase "for the worker referred to in § 7 g para 1 Nos. 1 and 2" the phrase "workers subject to the ASVG".

4. in article 7 the following sentence is added k paragraph 4:

"section 7i paragraph 9 shall apply mutatis mutandis."

5. in section 7 l, first sentence, the phrase "can the organs of the tax authorities to the maximum extent of threatened fines set a provisional security within the meaning of § 37a VStG and raise a" "are the organs of the tax authorities empowered to assess a preliminary security to the maximum extent of the financial penalty threat of and to introduce" is replaced by the wording.

6. in section 7 l fourth set the formulation is replaced § 37a para 1 last sentence and paragraph 3 to 5 VStG "is" on the formulation "§ 37a para 3 to 5 and 50 para VStG 6, first sentence, and paragraph 8".

7 paragraph 7m para 2 second sentence:

"The district administrative authority has to decide receipt of the request in within ten working days from, otherwise the payment stop override occurs."

8. in article 7, the following sentence is inserted after the first set m paragraph 8:

"In proceedings according to § 7i para 5 the first sentence shall apply with the proviso that the security for free is to explain, if not within two years, the decline was pronounced."

9 in the section 7n, paragraph 4, third sentence is quoted "§§ 7 para 8 b, 7i or 7 k" by the citation "sections 7i para 4 and 5 or 7 k para 1" replaced.

10 § 7n para 4 is the last sentence:


"Five years after the occurrence of the legal force of the respective Strafbescheides or penal order and one year after expiry of the period of the ban which allowed services in relation to this notice or this knowledge information on no longer be granted pursuant to the first sentence."

11 section 7n paragraph 4 following sentences shall be added:

"§ 28 para 2 second and third sentence aliens with the proviso that takes the place of the term"Punishment"the term"Punishment or decision"applies to information on contracting authorities pursuant to the third sentence. Include legal punishments or decisions in accordance with paragraphs 7 b 8, 7i or 7 k, whose saying refers to multiple workers or detected in different administrative offences, as a punishment or decision."

12. in article 19 paragraph 1 following Z 32 is added:



"32. § 7n paragraph 4 as amended by Federal Law Gazette I no. 113/2015 applies to requests made after the entry into force of this federal law contracting authority. § 7 m (2) and paragraph 8 in the version of Federal Law Gazette I no. 113/2015 applies to security services requested after the entry into force of this federal law."

Article 7

Other than entry into force of article III of the Federal Act Federal Law Gazette I no. 152/2004

Article III of the Federal Act Federal Law Gazette I no. 152/2004 occurs at the end of 31 December 2015 override.

Article 8

Change of the corporate book law

The company book Act, Federal Law Gazette No. 10/1991, last amended by Federal Law Gazette I no. 34/2015, is amended as follows:

1. in article 3, paragraph 1, 15a is inserted after Z 15 following Z:



"15a. the finding that the legal entity considered to be dummy companies (§ 8 SBBG);"

2 in § 43 11 the following paragraph is added:

"(11) § 3 para 1 as amended by Federal Law Gazette I no. 113/2015 1 January 2016 into force."

Article 9

Change of Bauarbeiter Urlaubs - and clearance law

The construction workers leave and severance Act, Federal Law Gazette No. 414/1972, as last amended by Federal Law Gazette I no. 94/2014, is amended as follows:

1 § 13 k paragraph 1 is added to the following set:

"The contract is without cash to pay."

2 in § 13l of par. 1 Z 2, the phrase "in the last two years prior to receipt of the bridging allowance" is replaced by the phrase "after completion of the 56th year of life".

3. paragraph 1 the following sentence is added to § 13o:

"The contract is without cash to pay."

4. in article 21, paragraph 1 is for the phrase "in accordance with paragraph 2 to 8" inserted the word "cash".

5. in article 22, paragraph 5, first sentence after the phrase "on the basis of the message of the employer" is the phrase 'or, if on the basis of their own surveys (article 23d) else arises, be calculated on the basis of these surveys'.

6 § 23b is added the following subsection 4:

"(4) employers, against a final decision on the existence of a licence company issued social fraud fight against law - SBBG, BGBl. 113/2015, according to § 8, have to provide information about name and address of their client's holiday - und Abfertigungskasse at their request and to announce the staff employed within the framework of the order by specifying the name, social security number, and the extent of employment. This information is requested by documentation such as written orders, to prove."

7. pursuant to paragraph 23b shall be inserted following § § 23 c and 23d:

"§ 23c." Workers have the holiday - und Abfertigungskasse to provide information on the existence of an employment relationship and on the made relevant for the calculation of the charges, as well as documents to prove this.

Section 23d. For the fulfilment of their tasks is authorized according to the § 22 para 1 to 3, 23 b, 23 c, as well as information about to correct periods of employment to verify the information and to change by your own surveys or supplement. the holiday - und Abfertigungskasse"

8. after article 31a, paragraph 1, the following paragraph 1a is inserted:

"(1a) which is Urlaubs - und Abfertigungskasse authorized, all after the Federal Procurement Act 2006, Federal Law Gazette I no. 17/2006, to collect data in the site database to handle." This authorization includes



1. name, address, Befugnis(SE) or business of the contractor;

2. order amount, brief description of the subject of the order, place of performance and expected start of execution estimated execution duration of the construction contract;

3. name, address, Befugnis(SE) or business of contractors (actually) used during the execution of the order, order amount, brief description of the subject of the order, place of performance, expected start of execution and expected duration of execution of the respective order component;

4. indicator of the order.

The vacation and severance Fund applies to the Z data referred to Z 1 to 4 as contracting authorities pursuant to section 4 4 DSG 2000."

9. in article 33 h para 1 is the phrase "article 23 b para 2 and 3" by the phrase "section 23 b para 2 to 4" replaced.

10 § 33h of paragraph 1 is added to the following set:

"Furthermore the § apply section 23c and 23d."

11 § 40 is added the following paragraph 30:

"I no. 113/2015 para 1, § 13 l para 1 No. 2, section 13o para 1 and § 21 para 1 as amended by Federal Law Gazette (30) § 13 k with the day following the proclamation into effect. § 22 para 5, § 23 b para 4, § 23c, 23d, § 31a par. 1a and article 33h para 1 as amended by Federal Law Gazette I no. 113/2015 with 1 January 2016 into force. § 13l para 1 No. 2 in the version of Federal Law Gazette I no. 113/2015 applies to applications relating to a reference beginning after 31 December 2015; "for applications that refer to the beginning of a reference before January 1, 2016, § is 13 l 2 Z 2 as amended by Federal Law Gazette I no. 94/2014."

Article 10

Amendment of the insolvency payment assurance Act

1 the following paragraph 3 is added to § in 3d:

"(3) where by the ceilings referred to in paragraph 1 and paragraph 2 which must offer minimum protection is not ensured 2008/94/EC on the protection of workers in the insolvency of the employer on the basis of the directive is due to as remuneration of the insolvency at least



"1 half of the present value of the claim for a pension from a direct benefit promise according to § 2 Z 2 BPG in conjunction with article V, paragraph 3 of the Federal Act Federal Law Gazette No. 282/1990 or of the claim from a performance pledge which is subject to not the BPG, or 2nd half of the Unverfallbarkeitsbetrages pursuant to § 7 para 1 to 2 b BPG or the compensation pursuant to § 5 para 2 AVRAG."

2. paragraph 5 para 1 and 2:

"(1) for the process is according to this federal law those responsible office in whose jurisdiction the Court is that opened the proceedings or the decision Z 1 to 6 adopted pursuant to section 1 para 1.

(2) the offices are determined by regulation of the Federal Minister for labour, Social Affairs and consumer protection. This care is ensuring an efficient enforcement and the business requirements of the IEF-service GmbH to take."

3. after article 7, paragraph 1, the following paragraph 1a is inserted:

"(1a) through the submission of a license contractor suspected message of social fraud control law (SBBG), Federal Law Gazette I is no. 113/2015, at the IEF-service GmbH according to § 8 para 4 the procedure regarding the award of bankruptcy fee compared to the suspected message specifically listed applicants and applicants pending clarification of the facts of the case suspended."

4. pursuant to § 31 32 the following paragraph with heading is added:

"Entry into force of the amendment to the Federal Law Gazette I no. 113/2015"

§ 32. Article 3d, paragraph 3, article 5, paragraph 1 and 2 and § 7 paragraph 1a in the version of Federal Law Gazette I no. 113/2015 with 1 January 2016 into force. A regulation pursuant to § 5 para 2 can already from the day after the announcement of this federal law shall be adopted, but at the earliest with effect 1 January 2016. Until the entry into force of this regulation article 5, paragraph 1 and 2 in the version before this Federal Act continue to apply."

Article 11

Amendment of the aliens Employment Act

The aliens Employment Act (aliens), Federal Law Gazette No. 218/1975, as last amended by Federal Law Gazette I no. 72/2013 is amended as follows:

1 paragraph 2 is omitted § 28.

2. § 28 the following paragraph 8 is added:

"(8) in the case of operation posting or cross-border provision the administrative offence is considered in the district administrative authority having jurisdiction committed, in which Arbeits(Einsatz)ORT of posted to Austria or licensed workers is, changing Arbeits(Einsatz)orten in the place of control."

Fischer

Faymann

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