Key Benefits:
87. Regulation of the Federal Ministry of Labour, Social Affairs and Consumer Protection at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which declares the collective agreement for the Professional Association of Employers for Health and Social Occupations (BAGS) on the statute of articles
The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection is the Federal Ministry of Labour, Social Affairs and Consumer Protection in accordance with Section 18 (1) of the German Labour Constitution Act, BGB No. 22/1974, in the version of the Federal Law BGBl. I n ° 135/2009, authorized, at the request of a collective contractual body, the party of a collective agreement, in the presence of the conditions set out in paragraph 3 above, to this collective agreement by declaration of the statutes, even outside its own the spatial, professional and personal impact of a legally binding effect.
The Federal Ministry of Labour, Social Affairs and Consumer Protection has adopted the following statutes following a decision of 12 March 2010 following the implementation of a senate hearing:
Statutes of the Collective Agreement for the Professional Association of Employers for Health and Social Occupations (BAGS)
Scope of the Statute
§ 1.
| a) |
Technical: for providers of social or health services of preventive, care or rehabilitative nature for persons in need of appropriate assistance or care, with the following exceptions: |
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public service bodies |
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Medical facilities, health care and hospitals |
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Rescue and Sanitary Services |
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Private kindergartens, crèches and horts (private daycare homes), |
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self-organized or Parent-managed children's groups |
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Childcare facilities by day-care mothers (-fathers) |
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| b) |
Spatial: for the Republic of Austria, excluding the province of Vorarlberg |
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| c) |
Personal: All employers in the technical field of application as well as the employees and apprentices employed by these employers in the territorial scope, provided that their employment relationships are not covered by a valid collective agreement (excluding collective agreements according to § 18 para. 4 ArbVG). |
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| Excluded are: |
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Labour relations of workers who are employed in social assistance and/or social assistance measures In the case of countries with disabilities, |
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Employment relationships based on the objective of (re-) integration of workers into the labour market, to the extent that such measures are entrusted and/or promoted by third parties; this applies in particular to employment relationships in the labour market. the framework of the non-profit-making labour force; |
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| However, this exception shall not apply to from 1. Jänner 2007 established employment relationships of transit personnel to employer/inn/n, insofar as these employers are not subject to a collective agreement, which is carried out within the framework of social economic enterprises and/or non-profit-making companies. Employment projects with the objective of (re-) integration work, these transit personnel/inn/n are obligated psychosocial to be accompanied and cared for and these measures are provided by the Labour Market Service, the Länder and/or the Federal Office for Social Affairs and disabled persons; such work conditions shall apply the present declaration of statutes, in so far as it relates to § § 1, 3, 4 (1) and 3 to 6, § 6 to 9, § 10 (1) to (7), § § 11, 13, 15, 26, 27, 28, 37, 40 and 41 Z 1 of the collective agreement referred to in § 2, |
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Employment relationships based on an allocation by a payer (Labour Market Service/AMS, Social Security Institutions/SV, Federal Office of Social Affairs and Disability, etc.) qualification measures to be taken, |
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(Ferial-) Interns/inn/en as well as Volontarian/Volonaries. A person who stays in a facility for training purposes only in the short term, is not subject to a low fee. (Ferial-) Interns/in is, who in the framework of a school or university education due to a curriculum or of a study order is required to demonstrate practical activities. |
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| Excluded are employees according to § 36 para. 2 Z 1 or 3 Labour Constitution Act, insofar as the declaration of statutes refers to § § 4 to 12, 14, 15 and 19 of the collective agreement referred to in § 2. |
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Content of the Statutes
§ 2.
| 1. |
The one between the employers ' association of employers for health and social professions and the Austrian Trade Union Confederation, trade union of private employees, pressure, journalism, paper and trade union VIDA, on the 22. Jänner 2010 completed |
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Collective agreement for female workers employed by members of the employers ' association for health and social professions (BAGS)
(as of 1 February 2010)
| at the Federal Ministry of Labour, Social Affairs and Consumer Protection under the register number KV 82/2010 and published in the "Official Journal of the Wiener Zeitung" of 9 March 2010, |
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shall be declared a statute.
| 2. |
The following provisions of the collective agreement shall be excluded from the terms of the declaration of statutes: |
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§ 2 |
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§ 41 Z 1 penultimate and final sentence |
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in § 41 Z 2/B, third paragraph, the sentences: " The effectiveness of the opting shall enter into force on 1 January 2005. In establishments which shall accede to the BAGS after 1 July 2004 and are therefore subject to this KV, any worker shall have the right of opting within six months of the effectiveness of the KV for that establishment. " |
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§ 42 |
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| 3. |
Insofar as § 30a (1) has been filed for the entry into force of Section 30a (1) (as amended on 1.1.2004), the date of entry into force of the Articles of Association shall be replaced by the date of entry into force of the Statute (§ 3). |
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| 4. |
Insofar as reference is made to the entry into force of the collective agreement in § 41 Z 2/B, the date "1 May 2006" shall be replaced by the date on which this date is entered. In the case of employment relationships for which this Statute will not take effect until 1 May 2006, an opting period of six months shall apply from the date of effect of the Articles of Association. |
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Beginning of the effectiveness and duration of the Articles of Association
§ 3. The date of effectiveness of the Articles of Association shall be 1 February 2010. The term of validity of the Articles of Association shall be governed by the period of validity of the Treasury Collective Agreement.
Ritzberger-Moser
