113. Federal Law, which enacted a federal law on the improvement of the fight against social fraud (Social Security Act-SBBG), as well as the General Social Insurance Act, the Industrial Social Security Act, the Farmers-Social Security Act, the Official Health and Accident Insurance Act, the Labour Contract Law Adaptation Act, Article III of the Federal Law BGBl. I n ° 152/2004, the Company Book Act, the Construction Workers ' Holiday and Abortion Act, the Insolvency Law and the Foreigners Employment Act (AusländerEmployment Act) are amended

The National Council has decided:

table of contents

Article 1	Social fraud control law (SBBG)
Article 2	Amendment of the General Social Insurance Act
Article 3	Amendment of the Industrial Social Insurance Act
Article 4	Amendment of the Farmers-Social Security Act
Article 5	Amendment of the Staff Regulations-Health and Accident Insurance Act
Article 6	Amendment of the Working Contract Law Adaptation Act
Article 7	External force of Article III of the Federal Law BGBl. I No 152/2004
Article 8	Amendment of the Company Book Act
Article 9	Modification of the construction worker-Holiday and Abortion Act
Article 10	Amendment of the Insolvency-Remuneration Assurance Act
Article 11	Amendment of the Foreigners Employment Act

Article 1

Federal law on the improvement of social fraud prevention (Social Fraud Prevention Act-SBBG)

Section 1

General provisions

Purpose of the law

§ 1. The purpose of the law is to strengthen the defence, prevent and prosecute social fraud (social fraud prevention) and thereby ensure that self-employed and independent gainful activities in accordance with the conditions laid down by the law are the protection of workers, the social system and fair competition. Illegal behaviour, particularly in connection with gainful activities, in accordance with their economic and social consequences, is to be combated by improved coordination and effective controls on the part of the competent authorities and bodies .

Scope

§ 2. Social fraud within the meaning of this Federal Law refers to all types of conduct which have a violation of obligations, which are subject to service providers, service providers, self-employed persons subject to insurance in the Related to the provision or execution of service or work services and recipients/recipients of insurance, social or other transfer services, and which are subject to the security of the social security contribution, the tax , as well as the amount of surcharges after the construction worker holidays and BGBl, the Federal Employment Service (BUAG). No 414/1972, and the Insolvency Law for the Protection of Remuneration in 1977 (IESG), BGBl. No 324/1977, and the reference to insurance, social or other transfers, in particular where:

1.		the service provider intentionally makes contributions to the social security insurance institution by one of the members of the social security system, or
2.		a person's registration of a social security person in the knowledge that the social security contributions to be paid as a result of the application are not to be completed, imparted or commissioned; or
3.		someone's reporting of a person to the construction workers ' holiday and terminal office (BUAK) in the knowledge that the surcharges in the wake of the reporting are not to be completed, carried out, communicated or commissioned, or
4.		Persons employed for self-employed or self-employed employment without the necessary registration for social security or without the necessary commercial authorization are recruited, communicated or left to work, or
5.		a larger number of illegally working persons (Z 4) is employed or charged with the self-employed execution of work, or
6.		Social security persons are registered with the purpose of obtaining insurance, social or other transfers, even though they do not take up employment in an unselfemployed capacity.

Section 2

Official Cooperation

Cooperation and information centres

§ 3. (1) The fight against social fraud shall be the responsibility of the authorities or bodies referred to in this Act (hereinafter referred to as the Cooperation and Information Points) within the scope of their legal action.

(2) As cooperation points within the meaning of this Federal Law,

1.		the Federal Government's financial and tax authorities,
2.		the institutions of the health insurance other than the occupational health insurance companies within the meaning of section 23 (1) (2) of the General Social Insurance Act (ASVG), BGBl. No 189/1955 (hereinafter referred to as the sickness insurance institution),
3.		the construction workers ' holiday and terminal box office,
4.		the Insolvency-Entgelt-Fonds-Service GmbH and
5.		the security authorities

(3) As information points within the meaning of this Federal Law,

1.		the district administrative authorities,
2.		the commercial authorities,
3.		the Labour Inspectorate; and
4.		the Labour Market Service.

Cooperation

§ 4. (1) The bodies of cooperation and information shall cooperate and support each other within the framework of their legal sphere of action in the fight against social fraud.

(2) The Cooperation and Information Points shall be obliged to:

1.		to report suspicions of social fraud to the relevant cooperation bodies as early as possible,
2.		to ensure the regular exchange of information and experience with other cooperation and information centres, and
3.		to coordinate their investigations and acts in the prosecution of infringements as far as possible, and to act in a coordinated manner in the case of factual investigations and checks.

(3) In order to facilitate the establishment of contacts and the implementation of the obligations referred to in paragraph 2, the tax authorities, the sickness insurance institutions, the construction workers ' leave and the terminal and the security authorities shall each have: to appoint a social fraud officer for each federal state.

(4) For the purposes of combating social fraud, an advisory board is set up under the direction of the Federal Ministry of Labour, Social Affairs and Consumer Protection, the representative of the Federal Ministry of Finance, the Federal Ministry for Finance, and the Federal Ministry of Finance. Interior, the Federal Ministry of Justice, the Federal Ministry of Health, the Federal Ministry of Science, Research and the Economy, the main association of the Austrian social insurance institutions, the construction workers ' holidays-and The terminal and the insolvency fee-Fonds-Service GmbH belong.

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

1.		Discussion of general problems related to social fraud prevention,
2.		Discussion of trends and developments, as well as the development and evaluation of possible measures to improve the fight against social fraud (such as a further development of investigation methods)
3.		-setting common priorities in the fight against social fraud; developing a joint action plan to improve the fight against social fraud;
4.		laying down recommendations for the role of the social security officers in accordance with paragraph 3;
5.		Definition of guidelines for action as well as flow descriptions in order to concretize the cooperation obligations of paragraph 2 in specific constellations.

(6) The Advisory Board shall meet at least twice a year. He/she shall be convened by the Chairman of the Advisory Board. The Federal Minister for Labour, Social Affairs and Consumer Protection has to convene the Advisory Council within six months of the entry into force of the Federal Act and to chair the Council.

(7) Decisions shall be taken by an absolute majority of the votes of all the members of the Advisory Board. In the event of a tie, the vote of the chairman shall be taken. The rules of procedure to be adopted by the Advisory Council shall be determined by the Committee on the subject of the Committee on Economic and Economic Cooperation and the Council. A majority of at least two-thirds of the votes of all the members of the Advisory Council shall be required for the resolution of the Rules of Procedure and any of its amendments.

(8) The Advisory Board may listen to representatives of the Federal Chamber of Labour, the Austrian Chamber of Commerce and the Austrian Trade Union Confederation and the Association of the Austrian Industry, as well as other experts. For the tasks of the Advisory Board referred to in section 5 (3) of the third paragraph, the represented interest groups shall have a right of hearing.

Data exchange; information sharing system

§ 5. (1) In order to combat social fraud within the meaning of § § 153c to 153e of the Criminal Code (StGB), BGBl. No 60/1974, the cooperation bodies and the public prosecutors shall make available to each other all the information and data necessary for the purpose of the examination, in accordance with these provisions, in accordance with these provisions, to the extent that the information and data required for such examination are to be provided Knowledge of the performance of the statutory tasks of the respective office of cooperation or the Public Prosecutor's Office in the context of its legal competence is required. The data exchange shall be carried out via the database in accordance with paragraph 2 and shall be limited to the data types referred to in paragraph 2.

(2) The Federal Ministry of Finance has to conduct a social fraud database for the purpose of establishing and facilitating the identification of social fraud cases in accordance with § § 153c to 153e StGB. In this database, the data are processed by natural and legal persons if there is evidence of the existence of social fraud within the meaning of § § 153c to 153e of the German Civil Code (StGB). The following types of data are:

1.		(former) surname or surname, name of birth, first name, social security number and date of birth, place of birth, sex, nationality, residence and work rights, activity carried out and remuneration,
2.		in the case of a company, company name and company name, company headquarters, company headquarters and premises, structure of the holding (e.g. group, trunk, branch office), business item, branch membership, as well as the name and place of residence of the person in the case of which there is evidence exist for the existence of social fraud,
3.		the tax authority which carried out the review,
4.		the presentation of evidence of the existence of social fraud;
5.		Correspondence with the cooperation bodies, as well as other persons, undertakings and authorities in connection with investigations and the date of the initiation and the date of the execution of the proceedings by the tax authorities and the date and time of the proceedings. the nature of the execution by the court or the public prosecutor's office,
6.		other evidence of evidence (transcripts with witnesses, defendants, documents, invoices)
7.		Data on the relevant criminal offences and the amount of unpaid wages and social security contributions, period of employment or the period of employment resulting from the social security declaration.

(3) The database referred to in paragraph 2 shall be referred to as a composite information system within the meaning of § 4 Z 13 of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999. The Bundesrechenzentrum GmbH shall be entrusted with the operation of the database in accordance with paragraph 2. The Federal Ministry of Finance exercises the function of the operator according to § 50 DSG 2000 as well as that of the service provider according to § 4 Z 5 DSG 2000. The Federal Ministry of Finance meets the obligation to accept the notification in accordance with § § 17 and 19 DSG 2000 for the cooperation offices mentioned in section 3 (2) and the public prosecutors as data protection adjudicating entities. The database must be designed in such a way that the transfer of data pursuant to paragraph 2 can be limited to concrete cooperation points and public prosecutors and the requirements of section 14 (2) of the German Data Protection Act 2000, in particular regarding access and access to the database. Access permissions, log files and documentation.

(4) The date of the inclusion of the database in accordance with paragraph 2 and details of the procedures for using the data provided for in paragraphs 1 and 2, as well as 5 and 6, with regard to the data necessary for the relevant use of the data. Data security measures are to be defined by the Federal Minister of Finance by Regulation. For the use of data according to paragraphs 1 and 2 as well as 5 and 6, the regulation has to provide for regulations within the meaning of § 14 (2) of the German Data Protection Act 2000, in particular on access and access rights, logging and documentations.

(5) Information and data exchange shall be carried out between the cooperation bodies and the public prosecutors on the database referred to in paragraph 2. In this connection, the individual cooperation bodies and the individual public prosecutors shall have to be informed of the data exchange. To collect the data and the processing to be kept the same, taking into account the necessity according to paragraph 1, the decision to decide which data will be passed on to which other cooperation point or prosecutor's office. For the purpose of carrying out concrete investigations, acts and measures in the fight against social fraud within the meaning of § § 153c to 153e StGB, the cooperation offices and the public prosecutors shall be entitled to enter into the Social fraud database to be taken on an automation-supported route.

(6) Personal data of a specific social fraud suspicion processed in the database in accordance with paragraph 2 shall be deleted after the expiry of five years after the processing of the first date in the social fraud database. Personal data of persons convicted in accordance with § § 153c to 153e of the German StGB shall be deleted after the expiration of ten years from the conviction. If it is clear that the suspicion of social fraud is not confirmed, the data shall be deleted immediately. These deletion obligations also apply to the data directly used by the cooperation points. However, the data protection authorisations and data protection obligations imposed on the cooperation points in other legislation shall not be affected.

Investigative powers of the financial and tax authorities and their institutions

§ 6. (1) The Public Prosecutor's Office may, in the prosecution of criminal offences in accordance with § § 153c to 153e StGB, take advantage of the assistance of the financial and tax authorities of the Federal Government and its institutions.

(2) The authorities and bodies of the Federal Financial Administration referred to in paragraph 1 shall, within the framework of their duties, be obliged to carry out investigations into any initial suspicion concerning criminal offences brought to their knowledge pursuant to § § 153c to 153e StGB (German Criminal Code). To this extent, they will be in the service of criminal justice (Art. 10 (1) Z 6 B-VG) and have the tasks and powers conferred on the security authorities in the Code of Criminal Procedure under the appropriate application of Section 196 (4) of the Financial Criminal Law, BGBl. No 129/1958.

Private Participation

§ 7. According to § § 153c to 153e of the German Civil Code (StGB), the institutions of the Health Insurance and the Federal Tax Authorities of the Federal Government come under the law of the Federal Republic of Germany in accordance with § § 153c to 153e of the German Civil Code (StGB) under their respective of a private person.

Section 3

Measures against bogus undertakings

Procedure for the identification of the headless undertaking

§ 8. (1) A bogus undertaking is a company which is primarily focused on:

1.		Wage contributions, social security contributions, surcharges under the BUAG or the wage or salary claims of employees/in/n
2.		To register persons with social security contributions in order to obtain insurance, social or other transfers, even though they do not take up employment in an unselfemployed capacity.

(2) A suspicion of the existence of a bogus undertaking shall be given if the evidence in the case of an overall consideration of its weight, its meaning and its true economic content shall give rise to reasonable doubts as to whether or not the evidence has been justified.

1.		the registration for social security or the declaration at the construction worker-leave and terminal is carried by the intent to complete the wages and social contributions or surcharges in accordance with the BUAG as a result of the application or notification. be paid, or
2.		the application for social security is based on the principle that the registered persons take up an activity in an unselfemployed capacity.
The Federal Government's tax authorities shall carry out the investigation into the suspitiy of the existence of a bogus undertaking within the meaning of this provision.

(3) A suspicion of a suspicion of a bogus undertaking shall be in particular:

1.		Conspicuity in the context of a risk and abnormality analysis according to § 42b ASVG or comparable instruments,
2.		Invisibility of persons acting on behalf of the company in accordance with the indicated business branch, at the address of the tax authority or the institution of the sickness insurance company in accordance with the ASVG, or of the address in the company's book Registered business address,
3.		Inability to make a personal contact with the legal entity (s) or his/her representative (s) via the business address entered in the company's register or that of the tax authority or the institution of the legal entity. Health insurance according to the ASVG last known address,
4.		Use of false or falsified documents or evidence by the persons to be attributed to the undertaking,
5.		Non-existence of the operating resources or operating assets appropriate to the specified branch of business,
6.		There is not only a small amount of social security contributions at the time of registration of the employee (s) on social security.

(4) The tax authority responsible for the determination of the bogus enterprise is the financial office of the permanent establishment (Section 81 of the Income Tax Act 1988-EStG 1988, BGBl. No 400/1988), which is responsible for the performance of the tax deduction from the working wage to be carried out by the company concerned. If there is a suspicion of the existence of a bogus company, the latter shall be notified in writing by the tax authority of the latter. For the purpose of clarifying the facts in accordance with § 7 para. 1a Insolvency-Entgeltassurance Act (IESG), BGBl. No. 324/1977, the levy authority has to inform IEF-Service GmbH of the existence of a suspicion in the sense of the first sentence in writing.

(5) The notification of this communication shall be in accordance with the third paragraph. Section of the Delivery Law (ZustG), BGBl. No 200/1982, electronically without proof of delivery. In addition, Section 35 (6), second sentence, ZustG, as well as, insofar as it relates to the one-long electronic communication, are not subject to § 35 para. 8 ZustG and, insofar as it relates to an electronic delivery address, § 37 ZustG.

(6) If the electronic delivery is not possible, the physical delivery to the address last known to the tax authority and to a business address registered in the company's register, which are deemed to be a delivery point within the meaning of § 2 Z 4 ZustG shall apply without proof of delivery. The physical delivery will also be effected if the conditions of the ZustG are not available in respect of the presence of the recipient/recipient or of a representative/representative or the document-in particular because of the presence of the recipient. The recipient/receiver could not be inconspicued-not placed in a dispensing device intended for the delivery point, or could be left at the delivery point. In the case of delivery by a delivery service or an institution of a municipality, delivery shall be deemed to have been effected on the third working day after delivery to the delivery service or the municipality. Section 26 (2), second sentence, ZustG is not to be applied.

(7) In the event of a notification of suspicion, within one week of service, the duties of the tax authority may be raised. The objection can only be made by the personal interview of the legal carrier/legal entity or his/her/their representative/representative.

(8) Where there is no objection, the tax authority shall state that the undertaking in respect of which there is a suspicion as referred to in paragraph 2 shall be regarded as a bogus undertaking. (5) and (6) shall apply to the notification of this decision. The final decision shall be sent to all cooperation bodies, the commercial authority and the contracting authority of Austria; the same shall apply to any subsequent changes concerning the determination as a bogus undertaking.

(9) Where there is a contradiction, the tax authority shall, after carrying out a preliminary investigation, determine whether the undertaking in respect of which there is a suspicion as referred to in paragraph 2 is regarded as a bogus undertaking. The determination as a dummy company is considered to be an important reason within the meaning of Section 102 of the Federal Tax Code (BAO), BGBl. No. 194/1961. For the delivery of this notice, the address last known to the tax authority shall be deemed to be a delivery point within the meaning of § 2 Z 4 ZustG. The physical delivery will also be effected if the conditions of the ZustG are not available in relation to the presence of the recipient/recipient or a representative/representative, or if the written communication from the Deposit-in particular because of the inability of the receiver/receiver-not to be inserted into a dispensing device intended for the discharge point, left at the discharge point or could be attached to the entrance door. The final decision of the Administrative Court or the knowledge of the Administrative Court shall be communicated to all the cooperation offices, the commercial authority and the contracting authority of Austria; the same shall apply to any subsequent changes relating to the determination of the as a dummy company.

(10) The Federal Ministry of Finance has to publish a list of the legally established bogus companies on the Internet (identity, company's book number and business address of the bogus company).

(11) If the bogus company is a legal entity registered in the company's register, the legally binding decision or the recognition of the administrative court by the tax authority shall also be communicated to the competent company's court of business; the same shall apply to any subsequent changes relating to the determination as a bogus undertaking. The court has, on the basis of such a notice of its own motion, the registration in accordance with Section 3 (1) Z 15a of the Company's Book Law (FBG), BGBl. No 10/1991, or to be deleted. If the bogus company is a capital company, the tax authority shall also, where appropriate, submit a request to the competent company's book court for cancellation of the company for lack of assets in accordance with § 40 FBG.

(12) In accordance with the procedure, the provisions of the BAO are to be applied in accordance with the above and following particularities:

1.		Section 93 (3) to (6) of the BAO shall apply mutatily for the notification pursuant to paragraph 4. It should also be pointed out that, in the event of the appeal being raised, the ordinary procedure is initiated.
2.		The time limit for the lodging of a complaint pursuant to § 243 BAO is one week. § 245 (3) BAO does not apply.
3.		The time limit for the application for re-establishment pursuant to § 308 (3) BAO is two weeks. In so far as the time limit for the collection of the appeal against the suspicions referred to in paragraph 7 has been omitted, the personal interview shall be made within the time limit for the application for re-establishment of rights. The period in accordance with § 309 BAO shall be six weeks.
4.		Complaints against complaints pursuant to para. 8 and 9 shall be addressed to the Federal Financial Court.

Liability for remuneration

§ 9. From the final determination of the bogus company, the entreptitious contractor is liable if he/she knew at the time of placing the order or had to know that the company receiving the contract was a bogus company. according to § 8, in addition to the bogus company as a citizen and a payer in accordance with § 1357 of the General Civil Code (ABGB), JGS No. 946/1811, for claims to the statutory, contractual or collective contractual Remuneration for work services in the context of the assignment of the Headline companies employed workers.

Section 4

Final provisions

References

§ 10. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Enforcement

§ 11. The enforcement of this federal law shall be entrusted with the task of:

1.		§ § 1, 2, 3, 4, 5 para. 1 and 3 of the Federal Minister for Labour, Social Affairs and Consumer Protection, the Federal Minister for Finance, the Federal Minister of the Interior, the Federal Minister for Justice, the Federal Minister for Health and the Federal Minister for science, research and business,
2.		Section 5 (2) of the Federal Minister of Finance,
3.		§ 6 of the Federal Minister of Finance and the Federal Minister for Justice,
4.		Section 7 of the Federal Minister of Justice,
5.		§ 8 of the Federal Minister of Finance and the Federal Minister for Labour, Social Affairs and Consumer Protection, and
6.		§ 9 of the Federal Minister for Labour, Social Affairs and Consumer Protection.

entry into force

§ 12. This federal law comes with 1. Jänner 2016 in force.

Article 2

Amendment of the General Social Insurance Act

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 2/2015, shall be amended as follows:

(1) The following paragraph 7 is added to § 11:

" (7) The compulsory insurance of the persons referred to in § 10 (1) shall also be made subject to the final determination of a dummy undertaking,

1.		if they do not comply with the request for personal publication of the insurance institution in accordance with section 43 (4), or do not comply in due time;
2.		if they can't credibly make sure that they actually did work. "

(2) The following paragraph 7 is added to § 23:

" (7) The sickness insurance providers are entitled to convince themselves that the medical orders and the provisions of the health care regulations are complied with by the insured person/by the insured person. The health insurance providers are also entitled to check the health status of the sick person. "

3. In § 31 (5) the following Z 12 is inserted after Z 11:

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

4. The heading to the 6. Subsection of Section III of the First Part as well as the sections 32a and 32b to be inserted after this heading, together with headlines, are:

" Control and Controlling in Social Security

Control in the Contract Partner Area

§ 32a. (1) The insurance institutions referred to in § § 23 to 25 and the institutions of the special insurances referred to in § 2 (2) are obliged to comply with the legally compliant and the contractual and individual contractual procedures of the contractual partners. check. For this purpose, the insurance institutions are empowered to use e-cards issued specifically for this purpose by the inspection bodies of the insurance carrier. Controls of the contractual partners with the help of e-cards specially issued for this purpose are only permitted if there are reasonable suspicions of a non-legally compliant or total or individual contractual procedure of the contractual partner/the contractual partner and, in addition, by sampling, on the basis of a sample plan to be drawn up annually.

(2) The performance of the contractual partners/contractual partners actually provided on the occasion of a check in accordance with paragraph 1 can be calculated in accordance with the applicable overall contract. Once a check has been carried out, the result is to be documented immediately by the testing body. The respective insurance institution shall keep records of the checks. The checked contractual partner/contract partner shall be informed in an appropriate manner about the control.

(3) The main body, together with the relevant national representation of the relevant contractual partners, has at least annually discussed the implementation and results of the checks referred to in paragraph 1 and can jointly with the advocacy group makes recommendations on implementation and quality assurance.

Participation of non-contractual partners

§ 32b. The service provider (s) for whom the payment of expenses, costs or a cost subsidy has been or has been granted shall have the effect of participating in the determination of the respective claim. "

(5) In § 33, the following paragraph (1b) is inserted:

" (1b) The application by companies which have been established in a modest way as a dummy company in accordance with § 35a is inadmissible and does not apply as a notification in accordance with § 41. The persons concerned shall be required to provide information in accordance with Section 43 (4). "

6. In accordance with § 35, the following § 35a and heading is inserted:

" Apparent Companies

§ 35a. (1) The health insurance institutions are responsible for the final determination of the existence of a dummy company by the federal tax authorities according to § 8 of the Social Security Act (SBBG), BGBl. I n ° 113/2015.

(2) The federal tax authorities have to submit their communications to companies concerning the presumed existence of a dummy company to the health insurance institutions. The same shall apply to the rebutting of this presumption and to the notice of the existence of a bogus undertaking in the event of a breach.

(3) If persons who have complied with the invitation to make personal appearance at the health insurance institution in good time pursuant to section 43 (4) have made credible, (for certain periods of time) actual work performance in the area of a The sickness insurance institution has to determine the employer of these persons. If this is not possible, then-as from the final determination of the bogus company-the company giving the contract as a service provider, if it knew or had to know that the company receiving the contract was a bogus company according to § 8 SBBG, and does not prove that they have not received or received any work from these persons. § 49 shall apply mutatily in such cases. "

Section 41 (4) reads as follows:

" (4) Messages outside of electronic data transmission shall be deemed to be reimbursed only if they are made in accordance with the guidelines pursuant to § 31 (5) Z 29. These guidelines have been published by natural persons in the context of private households

1.		to allow other types of notification, in particular if:
a)			a message is unreasonable by means of remote data transmission;
b)			the notification was technically excluded due to the non-indebted failure of a substantial part of the data transmission equipment;
2.		to set an order of other types of notification, whereby subordinated types of message are to be allowed only if the priority for the service provider is economically unreasonable.
For the application in accordance with § 33 (1a) 1 (1), the directives must also provide for the telephone message and the message with fax. "

8. In § 42, the following paragraph 1 is inserted after paragraph 1:

" (1a) If there is a reasonable suspicion of the existence of a behaviour which constitutes social fraud within the meaning of § 2 SBBG or the existence of a dummy company according to § 8 SBBG,

1.		the officials of the insurance institutions are entitled to:
a)			enter the premises and the rooms of the service providers in order to carry out their duties;
b)			to obtain the information necessary for the performance of their tasks from any person present at the place of establishment, who is engaged in working at the premises;
2.		the service providers are obliged, at the request of the employees of the insurance institutions, to show their identity or other documents for the purpose of establishing their identity;
3.		the service provider or its authorised representative undertakes to provide the staff of the insurance institutions with the information necessary for the performance of their duties.
The employer shall ensure that in his absence from the permanent establishment, a person present there shall provide the staff of the insurance institutions with the necessary information after Z 3 and inspect the required documents. is granted. "

9. According to § 42a, the following § 42b with headline is inserted:

" Risk and Abnormity Analysis Tool

§ 42b. (1) In order to take measures against the abuse of insurance and to ensure the protection of the insurance cover, the health insurance institutions have risk and abnormity analyses (risk and abnormity analysis tool) in the service provider area. , In this connection, it shall be examined, in particular with regard to the following points of view, using the insured and service data referred to in Annex 14: black labour suspicion, fake notification, insurance flows, service links, insolvency risk as well as reporting and contribution payment behaviour.

(2) The Oberösterreichische Gebietskrankenkasse (Oberösterreichische Gebietskrankenkasse) has as a centre of competence to link the analyses referred to in paragraph 1 and the results of this link to all the health insurance institutions involved, the federal tax authorities and the federal government. The main body shall be made available. Insofar as the use of personal data is not mandatory, the results of the data use are to be pseudonymized at the earliest possible time, technically and organizationally.

(3) The federal tax authorities are obliged to transmit the data of the sales tax to the health insurance institutions for the implementation of the analyses referred to in paragraph 1. The Federal Minister of Finance, in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection, regulates the procedure for the transmission, the content of the reports and the procedure for the exchange of data and of the automationsupported data transmission, with regulation.

(4) The risk and abnormity analysis tool according to paragraph 1 is to be used as an information composite system within the meaning of § 4 Z 13 of the Data Protection Act 2000 (DSG 2000). The Oberösterreichische Gebietskrankenkasse (Oberösterreichische Gebietskrankenkasse) performs the function of the operator according to § 50 DSG 2000 as well as that of the service provider according to § 4 Z 5 DSG 2000. The Oberösterreichische Gebietskrankenkasse (Oberösterreichische Gebietskrankenkasse) meets the obligation to report according to § 17 DSG 2000 for the health insurance institutions as data protection legal entities. In the notification, reference may be made to the Social Security Act concerning the content referred to in Article 19 (1) (1) (1) and (3) to (5) of the German Data Protection Act (DSG 2000). The database must be designed in such a way that the transfer of data according to paragraph 1 can be limited to specific health insurance institutions, federal tax authorities or the main association.

(5) The date of inclusion of the information system as well as details of the necessary security measures in the use of the respective data according to paragraph 1 shall be determined by the main association in the data protection regulation in accordance with § 31 (12). This determination shall be made by 30 June 2016 at the latest. The main association is active in the transferred sphere of action and is bound by the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection. "

10. The following paragraph 4 is added to § 43:

" (4) The insured persons shall be obliged to provide information on employment in the case of a company legally established as a bogus undertaking in accordance with section 35a within six weeks after the written request. Health insurance institutions to appear. "

11. In § 67a (6), the point at the end of the lit. b by the word "or" replaced; the following Z 5 and 6 shall be inserted:

" 5.		are not paid all the surcharges due under the BUAG, or
6.		are not all due to the Federal Government's duties due to duties. "

12. § 67a (6) last sentence reads:

" If the application is not accepted, the credit balance shall be charged with the liabilities of the authorised company, in accordance with the following order: open contribution debt, claims to the authorised company on the basis of a Liability in accordance with paragraph 1, award benefits, federal tax claims. "

13. In § 67a para. 6a first sentence, after the word "Health insurance institutions" the expression "or the construction workers-holiday and terminal" inserted.

14. In § 111 paragraph 1, introductory sentence, after the expression "(position)" the expression "or according to § 42 (1) of the person responsible for the disclosure" inserted.

15. In Section 111 (1), the point at the end of the Z 4 is given by the word "or" , the following Z 5 and 6 shall be added:

" 5.		shall not show a document or any other document for the identification of the identity of the members of the insurance institution, or
6.		shall not give the information necessary for the performance of its duties to the members of the insurance institution. "

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

" (2) In the administrative prosecution proceedings in accordance with § § 111, 112 and 112a the insurance institution, which has indicated the administrative offence at the district administrative authority, has party status and is entitled to complain against decisions administrative court and revision to the Verwaltungsgerichtshof. "

17. (determining the principles) § 148 Z 6 penultimate and last sentence are:

" The hospitals are obliged to use the e-card and the e-card infrastructure and to check the identity of the patient/patient as well as the lawful use of the e-card. The verification of identity is for patients/patients up to 14. It is only in case of doubt that it is to be carried out. "

§ 149 (2) first sentence is replaced by the following sentences:

" The contracts with the hospitals referred to in paragraph 1 shall be valid in writing and shall, in particular, have more detailed provisions on the identification, the verification of the patient's identity and the the lawful use of the e-card, the inspection of all documents relating to the assessment of the disease, such as the medical history, radiographs, laboratory findings, and the medical examination by one of the following: Insurance institution responsible for the insurance institution/one commissioned by the insurance institution A specialist in the institution shall be included in agreement with the institution. The verification of identity is for patients/patients up to 14. It is only in case of doubt that it is to be carried out. "

19. The following paragraph 5 is added to § 338:

"(5) Neither by contract within the meaning of the sixth part nor by means of secondary agreement can the control of the contractual partners by the insurance institutions and the use of individual control instruments by the insurance institutions be excluded."

Article 342 (1) (3) reads as follows:

" 3.		the rights and obligations of the contract doctors and contract doctors, in particular their claims for remuneration of the medical service, as well as the examination of the patient's identity and the lawful use of the patient. the e-card; the review is for patients/patients up to the age of 14. only to be carried out in case of doubt; furthermore, rules on the procedure for non-submission of the e-card, in the case of a negative examination of claims and in the case of unenforceability of the verification of the identity shall be made; "

21. In accordance with § 691, the following § 692 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 113/2015

§ 692. (1) § § 11 (7), 23 (7), 31 (5) Z 12, 32a, including the title, 32b together with the title, 33 (1b), 35a and title, 41 (4), 42 (1a), 42b and the title, 43 (4), 67a (6) and 6a, 111 (1), 111a, 148 Z 6, 149 (2), 338 (5) and 342 para. 1 Z 3 in the version of the Federal Law BGBl. I n ° 113/2015 and the heading '6'. The subsection of section III of the first part and the installation 14 enter into the first part. Jänner 2016 in force.

(2) The national legislation has to enact the implementing provisions for § § 148 (6) and (2) (2) (2) within six months. "

22. The following Annex 14 is added to Annex 13:

" Annex 14

Data usage for risk and abnormity analysis

The following data can be used in the preparation of the evaluations according to § 42b (1):

in the service area: master data, contribution account data, GPLA data, audit data, contribution accounting data, ÖNACE data and reporting data;

in the service area: master data and insurance data. "

Article 3

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act-GSVG, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 2/2015, shall be amended as follows:

1. (determining the principle) § 98 (2) first sentence is replaced by the following sentences:

" The contracts with the hospitals referred to in paragraph 1 shall be valid in writing and shall, in particular, have more detailed provisions on the identification, the verification of the patient's identity and the the lawful use of the e-card, the inspection of all documents relating to the assessment of the disease, such as the medical history, radiographs, laboratory findings, and the medical examination by one of the following: Insurance institution responsible for the insurance institution/one commissioned by the insurance institution A specialist in the institution shall be included in agreement with the institution. The verification of identity is for patients/patients up to 14. It is only in case of doubt that it is to be carried out. "

2. In accordance with § 359, the following § 360 shall be added together with the heading:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 113/2015

§ 360. (1) § 98 (2) in the version of the Federal Law BGBl. I n ° 113/2015 comes with 1. Jänner 2016 in force.

(2) The provisions of Section 98 (2) shall be adopted within six months of the provisions of the State Law. "

Article 4

Amendment of the Farmers-Social Security Act

The Farmers-Social Security Act-BSVG, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 2/2015, shall be amended as follows:

1. (determination of principles) § 92 (2) first sentence is replaced by the following sentences:

" The contracts with the hospitals referred to in paragraph 1 shall be valid in writing and shall, in particular, have more detailed provisions on the identification, the verification of the patient's identity and the the lawful use of the e-card, the inspection of all documents relating to the assessment of the disease, such as the medical history, radiographs, laboratory findings, and the medical examination by one of the following: Insurance institution responsible for the insurance institution/one commissioned by the insurance institution A specialist in the institution shall be included in agreement with the institution. The verification of identity is for patients/patients up to 14. It is only in case of doubt that it is to be carried out. "

2. In accordance with § 351, the following § 352 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 113/2015

Section 352. (1) § 92 (2) in the version of the Federal Law BGBl. I n ° 113/2015 comes with 1. Jänner 2016 in force.

(2) The provisions of Section 92 (2) of the Land Law shall be adopted within six months. "

Article 5

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act-B-KUVG, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I n ° 2/2015, shall be amended as follows:

1. (determining the principle) § 68 (2) first sentence is replaced by the following sentences:

" The contracts with the hospitals referred to in paragraph 1 shall be valid in writing and shall, in particular, have more detailed provisions on the identification, the verification of the patient's identity and the the lawful use of the e-card, the inspection of all documents relating to the assessment of the disease, such as the medical history, radiographs, laboratory findings, and the medical examination by one of the following: Insurance institution responsible for the insurance institution/one commissioned by the insurance institution A specialist in the institution shall be included in agreement with the institution. The verification of identity is for patients/patients up to 14. It is only in case of doubt that it is to be carried out. "

2. In accordance with § 242, the following § 243 is added together with the heading:

" Final provisions on Art. 5 of the Federal Law BGBl. I No 113/2015

§ 243. (1) § 68 (2) in the version of the Federal Law BGBl. I n ° 113/2015 comes with 1. Jänner 2016 in force.

(2) The provisions of Section 68 (2) shall be adopted within six months of the provisions of the State Law. "

Article 6

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I No 94/2014, shall be amended as follows:

1. In § 7e (1a) Z 6, the wording shall be: "a criminal notice of his/her employment relationship of the competent district administrative authority" through the wording "an indication of his/her employment relationship according to paragraph 3" replaced.

2. In § 7g (3), the wording "a criminal notice of his/her employment relationship of the competent district administrative authority" through the wording "a notification concerning his/her employment relationship according to § 7e paragraph 3" replaced.

(3) In § 7i (5) fourth sentence, the word order shall be "Workers subject to the ASVG" through the phrase "for the employees referred to in Article 7g (1) (1) (1) and (2)" replaced.

4. In § 7k (4), the following sentence is added:

"Section 7i (9) shall apply mutatily."

5. In § 7l of the first sentence, the wording "The institutions of the tax authorities may also set and raise a provisional security within the meaning of Section 37a of the VStG up to the maximum level of the threatened financial penalty." through the wording 'The institutions of the tax authorities are empowered to fix and to raise a provisional security up to the maximum amount of the fine imposed on them' replaced.

6. In the fourth sentence of § 7l, the wording shall be: "is § 37a (1) last sentence and para. 3 to 5 VStG" through the wording "are § § 37a (3) to (5) and 50 (6) first sentence and (8) VStG" replaced.

7. § 7m (2) second sentence reads:

"The district administrative authority shall decide within ten working days from the date of receipt of the application, in the event of an adverse event, that the stop of payment will not enter into force."

8. In § 7m (8), the following sentence shall be inserted after the first sentence:

"In proceedings pursuant to Article 7i (5), the first sentence shall apply with the proviso that the security shall be declared free, if the decay has not been pronounced within two years."

9. In § 7n paragraph 4, third sentence, the citation "§ § 7b para. 8, 7i or 7k" through the citation "§ § 7i (4) and (5) or 7k (1)" replaced.

10. § 7n (4) last sentence reads:

" Five years after the entry of the legal force of the respective criminal or criminal code, and one year after the end of the period of subsatiation of the service, an information on the said decision may be made or that knowledge shall be provided. after the first sentence is no longer granted. "

11. In § 7n (4) the following sentences are added:

"For information to the contracting authorities in accordance with the third sentence, § 28b (2) second and third sentence of the AuslBG apply, with the proviso that the term" punishment "is replaced by the term" punishment or decision ". Final punishments or decisions in accordance with § § 7b para. 8, 7i or 7k, the saying of which refers to several employees or covers various administrative transgressions, count as a punishment or decision. "

12. In § 19 (1) the following Z 32 is added:

" 32.		Section 7n (4) in the version of the Federal Law BGBl. I n ° 113/2015 shall apply to the requests for information made after the entry into force of this Federal Law. § 7m (2) and (8) in the version of the Federal Law BGBl. I n ° 113/2015 shall apply to security services requested after the entry into force of this Federal Law. "

Article 7

External force of Article III of the Federal Law BGBl. I No 152/2004

Article III of the Federal Law BGBl. I n ° 152/2004 shall expire on 31 December 2015.

Article 8

Amendment of the Company Book Act

The Company Book Act, BGBl. No. 10/1991, as last amended by the Federal Act BGBl. I No 34/2015, shall be amended as follows:

1. In Section 3 (1), the following Z 15a shall be inserted after Z 15:

" 15a.		the statement that the legal entity is regarded as a bogus undertaking (§ 8 SBBG); "

(2) The following paragraph 11 is added to § 43:

" (11) § 3 (1) in the version of the Federal Law BGBl. I n ° 113/2015 comes with 1. Jänner 2016 in force. "

Article 9

Change of construction worker-holiday and handling law

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I No 94/2014, shall be amended as follows:

1. § 13k (1) the following sentence is added:

"The surcharge shall be paid without cashing."

2. In § 13l (1) Z 2, the phrase "in the last two years prior to the use of the bridging allowance" through the phrase " after completion of the 56. Life Year " replaced.

3. § 13o (1) the following sentence is added:

"The surcharge shall be paid without cashing."

4. In § 21a (1), after the word order "in accordance with the conditions laid down in paragraphs 2 to 8" the word "cashless" inserted.

5. In § 22 (5), first sentence, after the word order "on the basis of the notification of the employer" the phrase "or, if, on the basis of its own surveys (§ 23d), it is possible to calculate on the basis of these surveys" .

6. § 23b, the following paragraph 4 is added:

" (4) Employers against whom a legally binding decision on the existence of a dummy company pursuant to Section 8 of the Social Security Act-SBBG, BGBl. 113/2015, has been issued, have information on their request for information on the employer's request. provide the name and address of their contracting authority and disclose the workers employed under the contract by indicating the name, the social security number and the extent of employment. This information shall be provided on request by means of documents, such as the written order. "

7. According to § 23b, the following § § 23c and 23d are inserted:

" § 23c. At the request of the holiday and terminal office, employees have to provide information on the existence of an employment relationship and on the information relevant to the calculation of the surcharges, as well as to substantiate them by supporting documents.

§ 23d. In order to carry out its tasks, the holiday and terminal box office is authorized to review the information in accordance with § § 22 (1) to (3), 23b, 23c as well as information on periods of employment to be corrected and to amend it by means of own surveys or to "

8. According to Article 31a (1), the following paragraph 1a is inserted:

" (1a) The holiday and terminal box office is authorized, all according to the Federal Law on the Law of the Federal Republic of Germany 2006, BGBl. I No 17/2006, to process data to be collected in the building site database. This authorisation shall include:

1.		the name, address, authority (s) or the business object of the contractor;
2.		order total, brief description of the contract, place of execution and expected start of execution as well as expected execution time of the works order;
3.		Name, address, authority (s) or business object of the subcontractor (s) used in the execution of the order (actual), order total, brief description of the contract, place of execution, probable start of execution, and estimated duration of execution of the respective order;
4.		Measure of the order.
The holiday and terminal box office shall be valid for the data referred to in Z 1 to 4 as the client in accordance with § 4 Z 4 DSG 2000. "

9. In § 33h (1), the word order shall be "§ 23b (2) and (3)" through the phrase "§ 23b (2) to (4)" replaced.

10. § 33h (1) the following sentence is added:

"Furthermore, § § 23c and 23d shall apply."

Section 40 is added to the following paragraph 30:

" (30) § 13k Abs. 1, § 13l Abs. 1 Z 2, § 13o sec. 1 and § 21a paragraph 1 in the version of the Federal Law BGBl. I n ° 113/2015 shall enter into force with the day following the customer's presentation. § 22 (5), § 23b (4), § 23c, 23d, § 31a (1a) and § 33h (1) in the version of the Federal Law BGBl. I n ° 113/2015 will be 1. Jänner 2016 in force. § 13l (1) (2) of the Federal Law of the Federal Republic of Germany (BGBl). I n ° 113/2015 shall apply to applications relating to a reference period after 31 December 2015; for applications submitted at the beginning of the reference period before the first date of reference to the first. Jänner 2016 refers to § 13l paragraph 2 Z 2 in the version of the Federal Law BGBl. I No 94/2014. "

Article 10

Amendment of the Insolvency-Remuneration Assurance Act

(1) The following paragraph 3 is added to § 3d:

" (3) Insofar as the upper limits laid down in paragraph 1 and paragraph 2 do not guarantee the minimum security required under Directive 2008 /94/EC on the protection of employees in the event of the insolvency of their employer, it is to be considered as Insolvency-at least

1.		Half of the cash value of the claim on a pension from a direct benefit commitment in accordance with § 2 Z 2 BPG in conjunction with Art. V (3) of the Federal Law BGBl. No 282/1990 or the claim arising from a benefit commitment not subject to the BPG, or
2.		Half of the amount of inconspicuity referred to in Article 7 (1) to (2b) of the BPG or the amount of severance in accordance with Section 5 (2) of the AVRAG. "

2. § 5 (1) and (2) reads:

" (1) For the proceedings under this Federal Act, the office is responsible for the proceedings in which the court is located, which opens the insolvency proceedings or has taken the decision in accordance with Article 1 (1) (1) (1) to (6).

(2) The offices are determined by the regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection. In doing so, it is important to ensure that IEF-Service GmbH is able to achieve efficient execution and to meet the business needs of IEF-Service GmbH. "

3. According to Article 7 (1), the following paragraph 1a is inserted:

" (1a) By the transmission of a false entrepreneurial mindset in accordance with Section 8 (4) of the Social Security Act (SBBG), BGBl. I n ° 113/2015, to IEF-Service GmbH, the procedure for the award of insolvency charges shall be suspended in relation to the applicants named in this suspicion, pending the clarification of the facts. "

4. In accordance with § 31, the following § 32 shall be added together with the heading:

" Entry into force of the Novelle BGBl. I No 113/2015

§ 32. § 3d (3), § 5 (1) and (2) and § 7 (1a) in the version of the Federal Law BGBl. I n ° 113/2015 will be 1. Jänner 2016 in force. A regulation pursuant to Section 5 (2) may be issued as early as the day after the presentation of this Federal Law, but at the earliest with 1. January 2016 will enter into force. Until the entry into force of this Regulation, Section 5 (1) and (2) shall apply in the version prior to this Federal Act. "

Article 11

Amendment of the Foreigners Employment Act

The Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I No 72/2013 shall be amended as follows:

1. § 28 (2).

(2) The following paragraph 8 is added to § 28:

" (8) In the event of a dispatch or a cross-border transfer, the administrative surrender shall be deemed to have been committed in the sprinkling of the district administrative authority in which the work (use) of the workers posted or transferred to Austria shall be deemed to be the place of work. is located at the place of control in the case of changing work (use). "

Fischer

Faymann