Federal law amending the unemployment insurance law in 1977

The National Council has decided:

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 135/2009, shall be amended as follows:

1. § 17 reads:

" § 17. (1) If all the conditions for entitlement to unemployment benefit are fulfilled and the right to unemployment benefit is not in accordance with § 16, the unemployment benefit shall be due.

1.		as from the onset of unemployment, if:
a)			entitlement to unemployment benefit is claimed at the latest on the first day of unemployment, after a Saturday, Sunday or public holiday on the first working day following that date, or
b)			the working release at the responsible regional office of the labour market service immediately after the knowledge of the termination or other dissolution or non-renewal of the employment relationship or of the termination of employment , and the right to unemployment benefit is claimed within 10 days of the onset of unemployment, or
c)			the register of unemployed persons entering the labour market service (eAMS account) with the relevant regional office of the labour market service before unemployment benefits and the right to unemployment benefit is claimed within 10 days of the onset of unemployment,
2.		from the entry into the Labour Market Service (eAMS account) of a secure electronic account (eAMS account) at the relevant regional office of the Labour Market Service, from the time of the unemployment (after the onset of unemployment) entitlement to unemployment benefit shall be claimed within 10 days of the receipt of the unemployment benefit, or
3.		in the other cases from the date of the assertion.

(2) The time limit for the assertion is extended by periods during which the right to unemployment benefit is based on § 16 para. 1, except in the case of a stay abroad according to lit. g. If the claim or the receipt of the unemployment benefit is interrupted, the unemployment benefit shall be due from the date of the re-registration or renewed assertion in accordance with section 46 (5).

(3) The unemployment declaration shall have at least the name, the social security number, the address, the occupation acquired, the last employment carried out and the date of the termination of the employment relationship, and the route on which a (e-mail-address, fax number, telephone number) to be contacted quickly by the labour market service. The declaration form is to be used for the unemployed registration form. The notification shall be deemed to be reimbursed only after the completed registration form has arrived at the regional office. If the notification is incomplete, delayed or not at all for reasons which are not in the responsibility of the notifying person, the notification shall be deemed to have been reimbursed with the date of the verifiable release (dispatch) of the notification. The entry of the message is to be confirmed.

(4) If the omission of a timely application to an error of the authority that can trigger official liability consequences, such as a lack of or incorrect information, can be returned, the competent national office of the competent authority may regional office, taking into account the appropriateness and prospects of success in an official liability procedure for granting unemployment benefits from an earlier date, from which the remaining conditions for the Grant of the service shall be granted. "

Section 46 (1) reads as follows:

" (1) The right to unemployment benefit is to be asserted in person at the responsible regional office. In order to assert the claim, the application form is to be used. Persons who have a secure electronic account with the Labour Market Service (eAMS account) may claim the right to electronic access via the same; however, if no longer period is set by the Labour Market Service, they shall be entitled to will be in person at the regional office within a period of 10 days. The labour market service may require the independent signing of an electronically submitted application within a reasonable period of time to be set at the same time, if there are doubts as to the legality of the claim. The claim shall only be deemed to have been claimed when the unemployed person has personally referred to the regional office at least once and has submitted the completed application form. The labour market service can depart from the requirement of personal prelanguage. In particular, a personal interview is not required if the unemployed person is prevented from making the request in person for compelling reasons, such as work-taking or illness. The submission (the submission) of the application is to be confirmed by the unemployed person. If the conditions of eligibility cannot be assessed without further personal interview on the basis of the application, the person concerned shall be obliged to speak to the regional office on request. In order to clarify the conditions for eligibility, such as the application of the completed application form or other documents, the regional office has set a time limit until a certain date and has not been subject to a valid reason for this. , the claim shall be deemed to have been made only from the date on which the documents to be provided have been received by the regional office. "

Section 46 (5) to (7) reads as follows:

" (5) If the receipt of unemployment benefit is interrupted or rests the claim (§ 16), whereby the regional office is not aware of the end of the period of interruption or rest period, the right to the unemployment benefit or to the unemployment benefit is not known. to be relied on for further progress. If the period of interruption or rest does not exceed 62 days, the re-registration at the regional office shall be sufficient for the assertion of the claim. The resignation may be made by telephone or by electronic means, unless the regional office expressly prescries a personal re-registration. The regional office may, in particular, prescribe the personal assertion or re-registration if there are doubts as to the availability of the employment service or if a personal declaration is to be made to maintain or to improve the Mediation opportunities are required. If the resignation does not take place within one week after the end of the period of interruption or rest period, the unemployment benefit shall only be due again from the day of the re-registration.

(6) If the unemployed person has notified the occurrence of a period of interruption or rest, such as the imminent commencement of a service from a given day, the receipt of unemployment benefits shall be interrupted from that day. If the interrupting or resting state does not occur, the resignation shall be sufficient for the assertion at the regional office. The resignation may be made by telephone or by electronic means, unless the regional office expressly prescries a personal re-registration. The regional office may, in particular, require personal re-registration if there is any doubt as to the availability of the employment service or if a personal declaration is made to maintain or improve the chances of communication. is required. If the resignation does not take place within one week after the interruption, the unemployment benefit shall be due again from the day of the resignation.

(7) If the regional office is aware of the end of the period of interruption or rest period in advance, and if the interruption or suspension does not exceed the period of 62 days, the regional office shall not be subject to any special The right to claim the right to claim and to make a decision without resignation. In this case, the unemployed person shall be obliged, within the meaning of section 50 (1), to report the entry into an employment relationship or other relevant changes that occur during the period of interruption or glory to the regional office. In all other cases, the claim shall be relied upon again. "

4. The following paragraph 104 is added to § 79:

" (104) § 17 and § 46 (1) and (5) (5) to (7) in the version of the Federal Law BGBl. I No 5/2010 will enter into force on 1 July 2010. '

Fischer

Faymann