Machine Translation of "2. Service Law Amendment 2009" (Austria)

2. Service Law Amendment 2009

Original Language Title: 2. Dienstrechts-Novelle 2009

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153. Federal Law, with which the civil service law in 1979, the salary law in 1956, the contract law of 1948, the Judge and Public Prosecutor Service Act, the travel fee rule, the law on tendering in 1989, the pension act 1965, the Federal Personnel Representation Act, the Federal Equal Treatment Act, the Federal Law on the Protection of Human Resources, the bridging aid law, the Federal Theatres Act, the Federal Railways Pension Act, the Landeslehrer-Dienstrechtsgesetz, das Landeslehrer-Dienstrechtsgesetz, das Landeslehrer-dienstrechtsgesetz, das National Contract Teachers Act 1966, which Law of the Asylum Act, the law on foreign allowances and assistance, the Land and forestry State Teachers Service Law, the Land and Forest Law Teachers Act, and the Military Vocational Training Act 2004 amended (2) Service Law-Novel 2009)

The National Council has decided:

CONTENTS

Art.	Subject matter
1	Amendment of the Official Services Act 1979
2	Amendment of the salary law in 1956
3	Amendment of the Contract Law Act 1948
4	Amendment of the Judge and Public Prosecutor's Law
5	Modification of travel fees
6	Amendment of the law on tendering for 1989
7	Amendment of the Pension Act 1965
8	Amendment of the Federal Personnel Representation Act
9	Amendment of the Federal Equal Treatment Act
10	Amendment of the Federal Order for the Protection of Services
11	Amendment of the bridging aid law
12	Amendment of the Federal Theatterpensionsgesetz
13	Amendment of the Bundesbahn-Pension Act
14	Amendment of the Landeslehrer-Dienstrechtsgesetz
15	Amendment of the Landescontractual lehrergesetz 1966
16	Amendment of the Asylum Court Act
17	Change of the foreign allowance and assistance law
18	Amendment of the Land-and forestry-based Landeslehrer-Dienstrechtsgesetz
19	Amendment of the Land-and forestry State Contract Teachers Act
20	Amendment of the Military Vocational Training Act 2004

Article 1
Amendment of the Official Services Act 1979

The Civil Service Law 1979, BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 4 (1) Z 1 lit. b is:


" (b)			in the case of other uses, Austrian citizenship, the nationality of a country whose nationals, under the terms of a national contract, grant Austria the same rights of access to the profession in the context of European integration , like Austrian citizens (nationals and nationals), or recognition as a refugee or a person with subsidiary protection status under Directive 2004 /83/EC on minimum standards for the recognition and status of of third-country nationals or stateless persons as refugees or as Persons who otherwise need international protection and the content of the protection to be granted, OJ L 327, 30.4.2004, p. No. L 304/2004 p. 12, "

Section 4a (1) reads as follows:

" (1) For nationals and other persons with the nationality of a country whose nationals have the same rights of access to the profession under European integration on the basis of a State Treaty as nationals and persons who are recognised as refugees or persons with subsidiary protection status under Directive 2004 /83/EC, the provisions of paragraphs 2 to 6 shall apply in addition to the special appointment requirements. "

Section 9 (1) reads as follows:

" (1) Each service authority shall carry out a current list of personnel, together with the staff directory for contract staff, and the officials belonging to the service authority, through all the officials who have been employed by the service authority. shall be made available for inspection as far as possible in electronic form. For reasons of clarity, separate personnel directories can be kept for partial areas. "

4. In Section 9 (3), the phrase "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

5. In § 20 (1) (4a) the quote shall be: "§ 2 (2) last sentence of the EU Official Social Security Act" by quoting "§ 2 (2) of the EU Official Social Security Act" replaces and eliminates the word sequence "last sentence" .

6. In § 29, the previous paragraphs 4 and 5 are given the names "(7)" and "(8)" and shall be inserted after paragraph 3 of the following paragraphs 4 to 6:

" (4) Membership of a Examination Committee ends with the expiry of the term of order, with the final imposition of a disciplinary penalty, with the translation abroad as well as with the departure from the service.

(5) The supreme service authority shall appoint a member of an examination board if:


1.		Because of its health condition, the tasks associated with its function can no longer be fulfilled, or
2.		the duties associated with its function have been grossly violated or permanently neglected.

(6) In case of need, an Examination Commission shall be supplemented by a reappointment of Commissioners for the remainder of the functional period. "

7. In § 29, the previous paragraph 6 is given the name "(9)" and the following sentence shall be added:

"The supreme service authority shall have the right to inform itself of all matters relating to the management of a test commission set up in its department."

8. The following paragraph 5 is added to § 32:

" (5) Officials in management functions shall, within three years of taking this function, offer special seminars, training courses, training courses or similar appropriate training and further training measures which they shall take in the exercise of this function. Support function if they have not yet completed them. "

9. The name of the 4. Subsection of the 3. Section is:

"Administrative Academy of the Federal Republic"

Section 34 (1) reads as follows:

" (1) The Federal Chancellor has to set up the administrative academy of the Federal Republic of Germany. After consulting the supreme service authorities, it has, in accordance with § 32 (1) and (2) as well as other programmes for continuing training and qualification of employees, in particular with regard to the staff of all departments, management training programmes. To provide specialist areas of European integration, foreign languages, gender competence, women's promotion, economics, e-government and resource management. "

11. According to § 39a, the following § 39b is inserted:

" § 39b. (1) The Federal Ministry of Defence and Sport may use an official or an official within the framework of his or her official use.


1.		for the maintenance and further development of their medical, medical, technical or nursing skills and
2.		in the implementation of a relevant cooperation agreement
to a cooperation partner, provided that such a posting is in direct and predominant connection with the performance of the tasks of the Federal Army.

(2) The provisions relating to the allocation of services shall be applied to the posting. For the duration of such a posting, the official or the official shall remain a family member or a legal officer of his or her regular service.

(3) Services in accordance with section 39 (2) and posting pursuant to paragraph 1 may be issued without the written consent of the official or the official, together, for a maximum period of 90 days in a calendar year.

(4) In the event that the official or the official is responsible for the activity to which she or she has been posted, or in connection with her contributions from third parties, such benefits shall be deducted from the federal government. "

12. § 41a (4) Z 1 lit. a is:


" (a)			for professional shipyards, who are in accordance with Section 17 (1a) of the Postal Structure Act (PTSG), Federal Law Gazette (BGBl). No. 201/1996, are assigned to the respective enterprises (the area encompassing these enterprises is referred to as the "PTA area" in this federal law), and "

13. In § 41b (4) (1) (1), after the word "Office" the word "constant" inserted.

(14) The following sentence shall be added to section 41d (3):

" The Federal Government has the right to inform itself of all the objects of the Management Board of the Appellate Commission. "

15. In § 43 (1), first sentence, after the word "conscientious" a dash and the word "committed" inserted.

16. In accordance with § 43, the following § 43a together with the heading is inserted:

" Careful handling (prohibition of mobbing)

§ 43a. Civil servants, as supervisors, have to meet their employees and as employees of their supervisors, as well as with respect for each other, and to ensure the proper functioning of the service. contribute. In dealing with their superiors, colleagues and employees, they have to refrain from behaviour or the creation of working conditions that violate their human dignity or are intended to do so, or otherwise. are discriminatory. "

17. § 48a (2) Z 2 lit. d is:


" (d)			for post and telecommunications activities in the PTA area, as well as "

18. The following paragraph 7 is added to § 56:

"(7) The relevant Federal Minister or the competent Federal Minister may regulate the secondary employment in any case on the grounds of paragraph 2."

Section 65 (1) Z 2 reads as follows:


" 2.		240 hours at a seniority of 25 years. "

20. § 69 Second and third sentence reads:

" If the consumption is not possible up to this date for service reasons, one of the reasons for the first sentence of § 51 (2) or because of an employment ban under the MSchG, the decay shall not occur until the end of the following calendar year. . If the official has received a Karenz after the MSchG or the official a Karenz in accordance with the VKG, the date of decay shall be deferred by that period in order to which this Karenz exceeds the extent of ten months. "

21. The following sentence shall be added to section 88 (4):

" The supreme service authority shall have the right to inform itself of all matters relating to the management of a performance assessment commission set up in its place of business. "

22. The previous § 89 para. 5 receives the sales designation "(6)" ; the following paragraph 5 is inserted before:

" (5) The supreme service authority shall appoint a member of the performance assessment commission if:


1.		Because of its health condition, the tasks associated with its function can no longer be fulfilled, or
2.		the duties associated with his function have been grossly violated or permanently neglected. "

23. In § 100, the previous paragraph 5 receives the sales designation "(6)" ; the following paragraph 5 is inserted before:

" (5) The supreme service authority shall convene a member of the Disciplinary Commission if:


1.		Because of its health condition, the tasks associated with its function can no longer be fulfilled, or
2.		the duties associated with its function have been grossly violated or permanently neglected.
With regard to a member of the Disciplinary Commission, the right to convene the Federal President on a proposal from the Federal Government shall be entitled to the convocation. "

(24) The following sentences are added to § 102 (2):


" The supreme service authority shall have the right to inform itself of all the objects of the management of the disciplinary commission set up by it. With regard to the Disciplinary Commission, this right of the Federal Government is to be found. "

§ 108 reads as follows:

" § 108. (1) To make deliveries to the accused or to the accused shall be made to own hangings.

(2) If the accused person or the accused person has a defender or defender, all documents shall also be awarded to the defender or the defender. If the defender or the defender is authorized to do so, all documents shall be delivered exclusively to the defender or to the defender. The legal effects of the service for the accused or the accused shall enter into force with the date of service to the authorized defender or the defendant authorized to grant the service. "

26. The last sentence of Section 109 (1) of the last sentence shall be deleted.

27. In § 126 (2) the word order is deleted "§ 95 (3) or" .

28. In § 140 (3), the line relating to the designation of the construction director of the waterway directorate is deleted.

29. According to § 145d the following § 145e with headline is inserted:

" By-employment

§ 145e. Section 50c (3) shall not apply to civil servants of the Executive Service who, during a reduction in the working week according to § 50a, exercise a working side-employment. "

30. In § 149 (6), the word order shall be "the Federal Minister for National Defense" through the phrase "the Federal Minister for National Defence and Sport" replaced.

31. In § 152 (5) the word order shall be "the Federal Minister for National Defense" through the phrase "the Federal Minister of State or the Federal Minister for National Defence and Sport" replaced.

32. In § 152 (6) and (7), the phrase "from the Federal Minister for National Defense" in each case by the word sequence "from the Federal Minister or the Federal Minister for National Defense and Sport" replaced.

33. In § 220 paragraph 1 Z 2 the phrase "School Fixed Body" through the phrase "conductive function" replaced.

34. In § 234 (3), paragraphs 1 to 5 are deleted.

35. § 242 receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) On civil servants who are entitled to leave until 31 December 2009 leave claims in accordance with § 65 (1) Z 2 lit. b in the version valid until 31 December 2009, § 65 para. 1 Z 2 lit. b shall continue to apply in the version valid until 31 December 2009. "

36. In § 247 (7), the phrase "the Federal Minister for National Defense" in each case by the word sequence "the Federal Minister of State or the Federal Minister for National Defence and Sport" replaced.

37. In § 248, para. 8, after the quote "§ 205" the half-sentence ", in the version in force on 31 August 2008," inserted.

38. In Section 255 (2), the title of President d is deleted. (with the addition of the name of the Authority), the word order "a Finance Country Directorate," .

39. In § 256 (1)

(a) the name of Vice-President shall not be used in the (with the addition of the name of the Authority), the word order "a Finance Country Directorate," ,

(b) the names of the designations of construction, d. (with the addition of the name of the Authority), Berghauptmann, prepared by the Spanish Riding School and the Oberbereiter of the Spanish Riding School, and

(c) the name of the name of Burghauptmann shall be the name of the name "Burghauptmannschaft Wien" by the name "Burghauptmannschaft Österreich" replaced.

40. In § 256 (4), the word order shall be "from the Federal Minister for National Defense" through the phrase "from the Federal Minister or the Federal Minister for National Defense and Sport" replaced.

41. The following paragraph 74 is added to § 284:

" (74) In the version of the Federal Law BGBl. I n ° 153/2009 enter into force:


1.		§ 4 (1) (1) (b), § 4a (1), § 20 (1) (4a), § 39b, § 43a, including the title, § 56 (7), § 65 (1) (2), § 69, § 108, § 109 (1), § 145e, including the heading, § 242, annex 1, point 1.3.6, annex 1 Z 1.10.8, annex 1, z 2.5.17, annex 1, z 2.7.11, annex 1 Z. 9.1, annex 1 Z 25.1, annex 1 Z 45.1 and Appendix 1 Z 47.6, as well as the removal of section 234 (3) Z 1 to 5 and the Appendix 1 Z 9.9 with 1. Jänner 2010,
2.		Appendix 1 Z 8.16 with 1. Jänner 2012,
3.		Appendix 1 Z 1.2.4 lit. c and Appendix 1 Z 1.3.6 lit. c with 1 June 2009,
4.		Appendix 1 Z 1.2.4 lit. e, Appendix 1 Z 1.2.4 lit. h, Appendix 1 Z 1.2.4 lit. j, Appendix 1 Z 1.2.4 lit. l, Appendix 1 Z 1.3.6 lit. d, Appendix 1 Z 1.3.6 lit. h and Appendix 1 Z 1.3.7 lit. g with 1 February 2009,
5.		Section 248 (8) with 1 September 2008. "

42. Appendix 1 Z 1.2.4 lit. c is:


" (c)			in the Federal Ministry of Education, Arts and Culture
			the Presidential Section (Central Office Organizational Matters; Budget, Space, Public Relations; Approbation of Teaching Resources; central funding coordination),
			Section III (Personnel and School Management; Law and Legislature), "

43. Appendix 1 Z 1.2.4 lit. e is:


" e)			in the Federal Ministry of Health
			Section I (Central Coordination, Health and KV Law, Health Structure Affairs),
			Section III (Public Health and Medicinal Products), "

44. Appendix 1 Z 1.2.4 lit. h is:


" h)			in the Federal Ministry of Defense and Sport
			of Section I (Central Section), "

45. Appendix 1 Z 1.2.4 lit. j is:


" j)			in the Federal Ministry of Labour, Social Affairs and Consumer Protection
			Section I (Presidential Affairs, Support Functions, IT),
			Section II (Social Security),
			Section VI (Labour Market),
			Section VII (Labour Law and Central Labour Inspectorate), "

46. Annex 1 Z 1.2.4 lit. l is:


" l)			in the Federal Ministry for Economic Affairs, Family and Youth
			the Head of the Center 1 (economic policy),
			the Head of the Center 2 (External Economic Policy and European Integration),
			of Section I (Enterprise and Technology),
			Section II (Family and Youth),
			Section III (Tourism and Historical Objects),
			Section IV (Energy and Mining), "

47. In Appendix 1 Z 1.3.6 lit. a eliminates the word sequence "Section VI (Sport)," .

48. Appendix 1 Z 1.3.6 lit. c is:


" (c)			in the Federal Ministry of Education, Arts and Culture
			Section I (General education; general pedagogical affairs and educational planning; international affairs, teacher training colleges),
			Section II (Vocational Training, Adult Education and School Sport),
			Section IV (Culture),
			Section V (art matters), "

49. Appendix 1 Z 1.3.6 lit. d is:


" (d)			in the Federal Ministry of Health
			Section II (Consumer Health and Health Prevention), "

50. In Appendix 1, Z 1.3.6, the following lit. f inserted:


" f)			in the Federal Ministry of Defense and Sport
			of Section V (Sport) "

51. In Appendix 1 Z 1.3.6 lit. h becomes the word sequence "Federal Ministry of Social Affairs and Consumer Protection" through the phrase "Federal Ministry of Labour, Social Affairs and Consumer Protection" replaced.

52. In Appendix 1 Z 1.3.7 lit. g becomes the word sequence "Federal Ministry of Economics and Labour" through the phrase "Federal Ministry of Economic Affairs, Family and Youth" replaced.

53. In Appendix 1, the point at the end of Z 1.10.7 is replaced by a dash and the following Z 1.10.8 is added:

,, 1.10.8. In the Federal Ministry of Finance, the expert expert the expert examiner in the large-scale audit, the in particular, the independent audit and the examination of the companies involved in the audit competence of the large-scale audit (large companies, groups, companies with foreign relations, banks, savings banks, credit unions, Insurances, building societies) as well as the independent collection of information, the development of specialist knowledge in the field of international tax law, including the recognition of complex corporate and tax law Constructions are the responsibility. "

54. In Appendix 1, the point at the end of Z 2.5.16 shall be replaced by a dash and the following Z 2.5.17 shall be added:

,, 2.5.17. in the Federal Ministry of Finance, the team expert Special examiner or the team expert Special Auditor in the audit of the large-scale business. "

55. In Appendix 1 Z 2.7.11 the word shall be: "Higher" by the term "Higher" replaced.

56. In Appendix 1 Z 8.16 lit. b becomes the phrase "42 years" through the phrase "45 years" replaced.

57. In Appendix 1, Z 9.1, the name shall be: "9.9" by the name "9.8" replaced.

58. Annex 1 Z 9.9 is deleted.

59. In Appendix 1, Z 25.1 shall be given in the column "Requirement" the previous para. 2, 3, 4, and 5 the names "(3)" , "(4)" , "(5)" and "(6)" . According to paragraph 1, the following paragraph 2 is inserted:

" (2) The requirement laid down in paragraph 1 may be substituted for teachers of social-technical subjects at schools for social occupations by:


a)			the successful completion of a special education for teaching duties for members of the higher-level service for health and nursing care in accordance with § 65 GuKG or the successful conclusion of a German Federal Minister for Health pursuant to § 65a of the German Federal Ministry of Education and Training (GuKG) by the competent Federal Minister by Regulation of a special training for teaching tasks in accordance with § 65 of the German Civil Protection Act (GuKG) and
b)			A two-year relevant professional practice before or after completion of the training. Periods of teaching practice in a use corresponding to the use groups L 2 are to be applied to the periods of professional practice. "

60. In Appendix 1 Z 45.1, the name shall be: "1.19" by the name "1.18" replaced.

61. In Appendix 1 Z 47.6, before the word "instead of" the word "occurs" inserted.

Article 2
Amendment of the salary law in 1956

The salary law in 1956, BGBl. N ° 54, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 12 para. 2 Z 1 lit. b sublit. cc is:


" cc)				in a domestic private school, university or university, or "

2. In § 12 para. 2 Z 8, after the word order "a state art academy" the phrase " or a university of applied sciences (Bundesgesetz über Fachhochschul-curricula, BGBl. No. 340/1993) '.

3. In Section 12 (2), the Z 9 is deleted.

4. In Section 12 (2a) the word order shall be " to which only the University Act 2002, BGBl. I n ° 120/2002, through the phrase " to which only the University Act 2002, BGBl. I n ° 120/2002, or the Federal Law on Universities of Applied Sciences, BGBl. No 340/1993 ' replaced.

5. In § 12 para. 2e, the quote shall be " 2 Z 8 " by quoting " 2 Z 7 and 8 " replaced.

6. In § 12 para. 11, the quote shall be " 2 Z 8 or 9 " by quoting " 2 Z 8 " replaced.

7. In § 16a (5) the word order shall be "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

8. § 21d Z 1 reads:


" 1.	a training allowance for each child for which he is entitled to a child surcharge in accordance with § 21a Z 8, at the cost of
a)		early support in institutional childcare facilities, which, with a view to the special conditions of living in the foreign service and residence, as far as possible the objectives of the agreement according to Art. 15a B-VG, BGBl. I n ° 99/2009, in that school year which precedes the beginning of compulsory schooling under Austrian school law, and
b)		school or vocational training at the foreign service and place of residence until the age of majority of the child or, if the maturity and diploma examination or a certificate or an equivalent diploma will only be obtained thereafter until that date,

9. In Section 22a (4a) (2), the following sentence shall be added:

" The Regulation can be adopted retrospectively in 2009, but at the earliest from 1. Jänner 2009. "

10. According to Article 27 (2), the following paragraph 2a is inserted:

" (2a) For civil servants in accordance with § 1 (14) PG 1965 and § 136b BDG 1979, paragraph 2 shall apply with the proviso that, instead of the total service time eligible for rest, the period of service relevant pursuant to Section 20c (2) is to be used. Periods of service which are not covered by the current service shall not be used;


1.		in so far as the period of service has been credited to the other service for the purpose of determining the retirement benefit, where the service has a qualifying period or entitlement to a resting pleasure,
2.		if the other service has been continued or has been terminated in a manner which is subject to a claim for a deferment or, in the other service relationship, a contribution has been made to the company employee and self-employment provision,
3.		if the official has received a copy at the end of the service, to the extent that such a copy has not been refunded; in the case of a partial refund, the service period shall be taken up in a corresponding partial extent. A refund in accordance with paragraph 4 shall be equivalent to a full refund of the copy. "

10a. The table in § 28 (1) is replaced by the following:

10b. The table in Section 30 (1) is replaced by the following:

11. In accordance with § 30 (4), the following paragraphs 4a and 4b are inserted:

" (4a) Officials of functional groups 5 and 6 of the use group A 1 and the functional group 8 of the use group A 2 may, by written declaration, exclude the applicability of paragraph 4 for a calendar year. Such a written declaration shall be legally ineffective if it is accompanied by a condition and it has not been issued by 31 December of the previous calendar year.

(4b) If the official or the official has made such a written declaration in accordance with paragraph 4a, the functional supplement shall be reduced by 30.89%. In this case, the arrangement and lump-sum payment of additional services up to a maximum of 40 hours per month is possible. Periods in excess of service provision shall be considered to be equivalent to periods pursuant to Section 49 (9) of the BDG 1979. "

11a. § 31 (2) reads:

" (2) The fixed salary shall be for officials


1.	in function group 7
a)		for the first five years	7 836,1?,
b)		from the sixth year	8 305,3?,
2.	in function group 8
a)		for the first five years	8 392.1?,
b)		from the sixth year	8 861.3?,
3.	in function group 9
a)		for the first five years	8 861.3?,
b)		from the sixth year	9 513.5?. "

12. § 37 (10) Z 2 reads:


" 2.		, to alternates, where this substitutes have been taken into account in the course of the evaluation and assignment of the workplace in accordance with § 137 BDG 1979, "

13. § 38 (9) reads:

"(9) The sections (1) to (8) shall not apply to substitutes in respect of which this substitutes have been taken into account in the course of the evaluation and assignment of the workplace in accordance with § 137 BDG 1979."

13a. In § 40a (1) he amount "94.5?" by the amount "95,4?" replaced.

13b. In § 40b (2), the following shall be replaced:

a) in Z 1 lit. (a) the amount "9,6?" by the amount "9,7?" ,

b) in Z 1 lit. (b) the amount "19.2?" by the amount "19.4?" ,

c) in Z 2 the amount "162.6?" by the amount "164,1?" ,

d) in Z 3 the amount "277,2?" by the amount "279,7?" ,

(e) in Z 4 the amount "382.5?" by the amount "385.9?" ,

f) in Z 5 the amount "358.5?" by the amount "361.7?" and

(g) in Z 6 the amount "301.2?" by the amount "303,9?" .

13c. In § 40c (1) the amount shall be "353,5?" du rch the amount "356.7?" and the amount "483.3?" by the amount "487,6?" replaced.

13d. The table in § 48 (1) is replaced by the following:

13e. The table in section 48a (1) is replaced by the following:

13f. In § 50 (4) the amount shall be "674,7?" by the amount "680.8?" replaced.

13g. In § 52 (1) the amount shall be "362.6?" by the amount "365.9?" replaced.

13h. In § 53b (1) the amount shall be "353.5?" by the amount "356.7?" and that of the amount "483.3?" by the amount "487,6?" replaced.

13i. The table in Section 55 (1) is replaced by the following:

13j. § 57 (2) reads:

" (2) The service allowance shall be


a)		for head of the use group L PH


b)		for Head of Unit of Use L 1


c)		For managers of the groups of uses L 2a 2


d)		for heads of groups of uses L 2a 1 and L 2b 1


e)		for managers of the use group L 3

13k. In § 58 (2) (2) (2) the amount shall be "595,1?" by the amount "600,5?" replaced. "

13l. In § 58 (4) the amount shall be "71.9?" by the amount "72.5?" and the amount "131.6?" by the amount "132.8?" replaced.

13m. § 58 (6) reads:

" (6) The service allowance referred to in paragraph 5 shall be:


In the case of the L 3 group, this service supplement is increased by 39.9? in the case of the foreign language teachers referred to in paragraph 5 Z 1 at Polytechnic schools and the teachers referred to in paragraph 5 (3) (3) for work education at Polytechnic schools. In the case of category L 2b 1, the service allowance cited in the first sentence is increased by 11.9? in the case of the teachers referred to in paragraph 5 (3) for the purpose of drawing up work at Polytechnic schools?.

13n. In § 59 (2) the amount shall be "531.7?" by the amount "536.5?" replaced. "

14. In § 59a (1), the inversion at the end of the Z 2 is replaced by a point and the Z 3 is deleted.

14a. In § 59a para. 1 are replaced:

(a) in Z 1 the amount "79.8?" by the amount "80.5?" ,

(b) in Z 2 the amount "120,9?" by the amount "122.0?" and

14b. In § 59a (2) the amount shall be "79.8?" by the amount "80.5?" replaced.

14c. In Section 59a (2a), the amount shall be: "17,3?" by the amount "17,5?" replaced.

14d. In Section 59a (3), the amount shall be: "120,9?" by the amount "122.0?" replaced.

14e. In Section 59a (5a) (2), the amount shall be: "96,0?" by the amount "96.9?" replaced.

14f. In § 59b (1), the following shall be replaced:

a) in Z 1 lit. a, Z 2 lit. a and Z 3 lit. a the amount "56.8?" by the amount "57,3?" ,

b) in Z 1 lit. b, Z 2 lit. b, Z 2 lit. c and Z 3 lit. b the amount "70.8?" by the amount "71.4?" ,

c) in Z 1 lit. c and Z 2 lit. d the amount "85,1?" by the amount "85.9?" and

d) in Z 4 the amount "28,6?" by the amount "28,9?" .

14g. In § 59b paragraph 2 are replaced:

a) in Z 1 lit. a, Z 2 lit. a and Z 3 lit. a the amount "56.8?" by the amount "57,3?" ,

b) in Z 1 lit. b, Z 2 lit. b and Z 3 lit. b the amount "70.8?" by the amount "71.4?" ,

c) in Z 1 lit. c and Z 3 lit. c the amount "78,3?" by the amount "79,0?" ,

d) in Z 4 the amount "55,7?" by the amount "56,2?" and

e) in Z 5 the amount "28,1?" by the amount "28,4?" .

14h. In Section 59b (3), in Z 1 the amount "85,1?" the amount "85.9?" and in Z 2 the amount "99.9?" by the amount "100.8?" replaced.

14i. In Section 59b (4), the amount shall be: "111.3?" by the amount "112.3?" replaced.

14j. In § 59b (5) the amount shall be "36,4?" by the amount "36,7?" replaced.

14k. In § 59b (6) the amount shall be "111.3?" by the amount "112.3?" replaced.

The table in Section 60 (1) is replaced by the following:

14m. In § 60 (3) the amount "47,0?" by the amount "47,4?" and the amount "39.5?" by the amount "39,9?" replaced.

14n. In § 60 (4) the amount shall be "14,1?" by the amount "14,2?" and the amount "11,8?" by the amount "11,9?" replaced.

14o. The table in section 60a (2) is replaced by the following:

14p. In § 61 paragraph 8 are replaced:

(a) in Z 1 the amount "31,8?" by the amount "32,1?" ,

(b) in Z 2 the amount "27.5?" by the amount "27.7?" and

14q. In § 61a (1), the following shall be replaced:

(a) in Z 1 the amount "174.3?" by the amount "175.9?" and

(b) in Z 2 the amount "152.5?" by the amount "153,9?" .

14r. In § 61b paragraph 1 are replaced:

a) in Z 1 lit. a the amount "139.4?" by the amount "140.7?" ,

b) in Z 1 lit. b the amount "117.6?" by the amount "118.7?" ,

c) in Z 2 lit. a the amount "108.9?" by the amount "109.9,?" ,

d) in Z 2 lit. b the amount "95.8?" by the amount "96.7?" ,

e) in Z 3 lit. a the amount "95.8?" by the amount "96.7?" ,

f) in Z 3 lit. b the amount "78,4?" by the amount "79,1?" ,

g) in Z 4 lit. a the amount "47.9?" by the amount "48,3?" and

h) in Z 4 lit. b the amount "39,1?" by the amount "39.5?" .

14s. In § 61c (1), the following shall be replaced:

(a) in Z 1 the amount "78,3?" by the amount "79,0?" and

(b) in Z 2 the amount "78,3?" by the amount "79,0?" and

14t. In Section 61d (1) the amount shall be "47.9?" by the amount "48,3?" replaced.

14u. In § 61e paragraph 1 are replaced:

(a) in Z 1 the amount "130.7?" by the amount "131.9?" ,

(b) in Z 2 the amount "47.9?" by the amount "48,3?" and

14v. In § 61e paragraph 2 are replaced:

a) in Z 1 lit. a the amount "165.5?" by the amount "167,0?" ,

b) in Z 1 lit. b the amount "148,2?" by the amount "149,5?" ,

c) in Z 2 lit. f the amount "130.7?" by the amount "131.9?" and the amount "113,2?" by the amount "114,2?" ,

d) in Z 3 lit.c the amount "108.9?" by the amount "109.9?" and the amount "95.8?" by the amount "96.7?" and

(e) in Z 4 the amount "108.9?" by the amount "109.9?" and the amount "95.8?" by the amount "96.7?" .

14w. In § 62 paragraph 2 are replaced:

(a) in Z 1 the amount "10,0?" by the amount "10,1?" ,

(b) in Z 2 the amount "14,6?" by the amount "14,7?" ,

d) in Z 4 the amount "21,2?" by the amount "21.4?" .

14x. The table in § 65 (1) is replaced by the following:

14y. The table in § 72 (1) is replaced by the following:

14 The table in Section 74 (1) is replaced by the following:

15. In accordance with § 74 (4), the following paragraphs 4a and 4b are inserted:

" (4a) Officials of functional groups 8, 9, 10 and 11 of the E 1 use group may, by written declaration, exclude the applicability of paragraph 4 for a calendar year. Such a written declaration shall be legally ineffective if it is accompanied by a condition and it has not been issued by 31 December of the previous calendar year.

15a. In Section 74a (1) the amount shall be "7 762.2?" by the amount "7 836,1?" and the amount "8 227,3?" by the amount "8 305,3?" replaced.

16. § 78 (9) Z 2 reads:


" 2.		, to alternates, who have been given this representation in the course of the evaluation and assignment of the workplace in accordance with § 143 BDG 1979, "

17. § 79 (9) reads:

17a. The table in Section 81 (2) is replaced by the following:

17b. In § 83 (1) the amount shall be "98.6?" by the amount "99.5?" replaced.

17c. The table in Section 85 (1) is replaced by the following:

17d. § 87 (2) reads:

" (2) The fixed salary is for professional students


1.	in function group 7
a)		for the first five years	7 836,1?,
b)		from the sixth year	8 305,3?,
2.	in function group 8
a)		for the first five years	8 392.1?,
b)		from the sixth year	8 861.3?,
3.	in function group 9
a)		for the first five years	8 861.3?,
b)		from the sixth year	9 513.5?. "

17e. The table in Section 89 (1) is replaced by the following:

17f. The table in Article 91 (1) is replaced by the following:

18. According to Article 91 (4), the following paragraphs 4a and 4b are inserted:

" (4a) Officials of functional groups 5 and 6 of the use groups M BO 1 or M ZO 1 and functional groups 8 and 9 of the use groups M BO 2 or M ZO 2 may, by written declaration, be able to apply the applicability of paragraph 4 for a Exclude calendar year. Such a written declaration shall be legally ineffective if it is accompanied by a condition and it has not been issued by 31 December of the previous calendar year.

19. § 95 para. 11 Z 2 reads:


" 2.		, to alternate members or substitutes where this representation has been taken into account in the course of the evaluation and assignment of the workplace in accordance with § 147 BDG 1979, "

20. § 96 (9) reads:

"(9) The paragraphs 1 to 8 shall not apply to substitutes in respect of which this substitutes have been taken into account in the course of the evaluation and assignment of the workplace in accordance with § 147 BDG 1979."

20a. In Section 98 (2), in Z 1 the amount "94.5?" du rch the B etrag "95,4?" and in Z 2 the amount "47.8?" by the amount "48,2?" replaced.

20b. In § 101 (2), the following shall be replaced:

a) in Z 2 the amount "66.8?" by the amount "67,4?" ,

(b) in Z 3 the amount "181.7?" by the amount "183.3?" ,

d) in Z 5 the amount "219,9?" by the amount "221.9?" and

(e) in Z 6 the amount "162.6?" by the amount "164,1?" .

21. In § 101a (1) the word order shall be "The Federal Minister for National Defense" through the phrase "The Federal Minister for National Defence and Sport" replaced.

21a. In § 101a (5) the amount shall be "116,5?" by the amount "117.5?" and the amount "232.9?" by the amount "235.0?" replaced.

Section 101a (7) reads as follows:

" (7) The remuneration shall be adjusted for the duration


1.		the cover of the foreign supplement according to § 1 paragraph 1 (1) Z 1 of the German Federal Foreign Law and Assistance Act (AZHG), Federal Law Gazette (BGBl). I No 66/1999, or
2.		a more than one-month absence from illness, provided that it is not to be returned to a service accident, or
3.		of the deprivation of the remuneration. "

(22a) The table in § 109 (1) is replaced by the following:

22b. In Section 111 (2), the following shall be replaced:

(a) in Z 1 the amount "199,1?" by the amount "200,9?" ,

(b) in Z 2 the amount "256,2?" by the amount "258.5?" and

22c. In Section 112 (1), the amount in Z 1 shall be: "146,8?" through the Amount "148,1?" and in Z 2 the amount "167,1?" by the amount "168,6?" replaced.

23. In § 113h (1a) the word order shall be "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

(23a) § 114 (2) (1) to (5) reads:


" 1.	Officials of the General Administration, guard officers and professional officers
a)		in the use groups E and D


b)			in the use groups A, H 1, B, W 1, H 2, C and W 2


2.		Civil servants in manual use


3.		University professors


4.		Teacher


5.		Officials of the School Supervision Service

23b. In § 114 (3) the amount shall be "337,7?" by the amount "340.7?" replaced.

23c. In Section 115 (1) the amount shall be "44.6?" by the amount "45.0?" replaced.

24. In § 116b (1) and (2), the third sentence reads as follows:

"§ 59d in the version in force until 30 September 2007 is not applicable."

24a. The table in Section 117a (2) is replaced by the following:

24b. The table in Section 117c (1) is replaced by the following:

24c. In Section 117c (3) the amount shall be "81.3?" by the amount "82.0?" replaced.

24d. The table in Section 118 (3) is replaced by the following:

24e. The table in Section 118 (4) is replaced by the following:

24f. The table in Section 118 (5) is replaced by the following:

24g. In § 120 (1) the amount "147,6?" by the amount "148.9?" and the amount "187,4?" by the amount "189,1?" replaced.

24h. In § 123 paragraph 2 are replaced:

(a) in Z 1 the amount "50.8?" by the amount "51.3?" ,

(b) in Z 2 and Z 3 lit. a the amount "133.5?" by the amount "134,7?" and

c) in Z 3 lit. b the amount "160.2?" by the amount "161.6?" .

24i. In § 124 (2) are replaced:

(a) in Z 1 the amount "199,1?" by the amount "200,9?" ,

(b) in Z 2 the amount "256,2?" by the amount "258.5?" and

24j. In § 130, the amount "70.3?" by the amount "70.9?" replaced.

24k. In § 131 (1) the amount "213,6?" by the amount "215,5?" replaced.

24l. In § 131 (2) (1), the amount shall be "47.8?" by the amount "48,2?" replaced.

24m. § 140 (1) reads:

" (1) The security officer shall be entitled to a service allowance which is capable of resting on the basis of a call. Is it 29.0 for the duration of the provisional service? and in the definitive service relationship

24n. In § 140 (3) the amount shall be "126,0?" by the amount "127,1?" replaced.

24o. In § 141 are replaced:

(a) the amount "101,2?" by the amount "102.1?" and

(b) the amount "120,0?" by the amount "121.1?" .

24p. In § 142 (1) the amount shall be "56.8?" by the amount "57,3?" replaced.

24q. The table in Section 143 (1) is replaced by the following:

24r. The table in § 150 is replaced by the following:

24 s. In § 151 paragraph 1 are replaced:

(a) in Z 1 the amount "113,7?" by the amount "114,7?" ,

(b) in Z 2 the amount "85.8?" by the amount "86.6?" and

24t. In § 152 (1) the amount "94.5?" by the amount "95,4?" replaced.

24u. In § 153 (2), in Z 1 the amount "219,9?" through the Amount "221.9?" and in Z 2 the amount "162.6?" by the amount "164,1?" replaced.

24v. The table in Section 165 (1) is replaced by the following:

24w.In § 165 (3) the amount shall be "136,1?" by the amount "137,3?" and the amount "272.2?" by the amount "274.6?" replaced.

24x. In § 165, para. 4, the amount "159,7?" by the amount "161.1?" replaced.

25. In § 175, paragraph 59 is given in the version of the Federal Law BGBl. I n ° 52/2009 the sales designation "(62)" . The following paragraphs 63 and 64 are added:

" (63) In the version of the Federal Law BGBl. I n ° 153/2009 enter into force:


1.		Section 27 (2a) with 1. Jänner 2005,
2.		§ 37 (10) Z 2, § 38 (9), § 78 (9) (2), § 79 (9), § 95 (11) (2) and (9) (9) of 1 July 2005,
3.		Section 116b (1) and (2) with 1. October 2007 ,
4.		Section 22a (4a) (2) with 1. Jänner 2009,
5.		Section 21d Z 1, with 1 September 2009,
6.		§ 12 para. 2 Z 1 lit. b sublit. cc, § 12 para. 2 Z 8, § 12 para. 2a, § 12 para. 2e, § 12 para. 11, § 28 para. 1, § 30 para. 1, § 31 para. 2, § 40a para. 1, § 40b para. 2, § 40c para. 1, § 48 para. 1, § 48a para. 1, § 50 para. 4, § 52 para. 1, § 53b para. 1, § 55 para. 1, § 57 para. 2, § 58 para. 2, 4 and 6, § 59 para. 2, § 59a, § 59b, § 60 para. 1, 3 and 4, § 60a para. 2, § 61 para. 8, § 61a paragraph 1, § 61b para. 1, § 61c para. 1, § 61d para. 1, § 61e para. 1 and 2, § 62 para. 2, § 65 para. 1, § 72 para. 1, § 74 para. 1, § 74a para. 1, § 81 para. 2, § 83 para. 1, § 85 Paragraph 1, § 87 (2), § 89 (1), § 98 (2), § 101 (2), § 101a (5) and (7), § 109 (1), § 111 (2), § 112 (1), § 114 (2) and (3), § 115 (1), § 117a para. 2, § 117c (1) and (3), § 118 (3), 4 and 5, § 120 (1), § 123 (2), § 124 (2), § 130, § 131 (1) and (2), § 140 (1) and (3), § 141, § 142 (1), § 143 (1), § 150, § 151 (1), § 152 (1), § 153 (2), § 165 (1), (3) and (4), and the abduction of Section 12 (2) Z 9 with 1. Jänner 2010 and
7.		Section 59a (1) with 1 September 2010. "

" (64) § 30 (4a) and (4b), § 74 (4a) and (4b) and § 91 (4a) and (4b) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 153/2009 will be 1. January 2010 in force and with the expiry of 31 December 2011. Statements for the calendar year 2010 may be submitted by way of derogation from § 30 (4a), § 74 (4a) and § 91 (4a) to 31 March 2010. "

26. Article IV of the 31. Content Law Novel, BGBl. N ° 662/1977, as last amended by the Federal Law BGBl. I n ° 147/2008, shall be amended as follows:

(a) The table in paragraph 3 is replaced by the following:

(b) The Art. IV, the following paragraph 20 is added:

" (20) Paragraph 3 in the version of the Federal Law BGBl. I n ° 153/2009 shall enter into force 1. Jänner 2010 in force. "

Article 3
Amendment of the Contract Law Act 1948

The contract law of 1948, BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. The following line shall be inserted in the table of contents in accordance with the line of section 4a:

" § 4b

People Directory "

2. § 3 para. 1 Z 1 lit. b is:


" (b)			in the case of other uses, Austrian citizenship, the nationality of a country whose nationals, under the terms of a national contract, grant Austria the same rights of access to the profession in the context of European integration , like Austrian citizens (nationals and nationals), or recognition as a refugee or a person with subsidiary protection status under Directive 2004 /83/EC on minimum standards for the recognition and status of of third-country nationals or stateless persons as refugees or as Persons who otherwise need international protection and the content of the protection to be granted, OJ L 327, 30.4.2004, p. No. L 304/2004 p. 12, "

3. In accordance with § 4a, the following § 4b and title shall be inserted:

" Staff directory

§ 4b. (1) Each personnel office shall have a current list of personnel, which shall be compiled with the staff directory for civil servants and those belonging to the personnel office, via all the contract staff members who are members of the staff. The contract staff shall be made available for inspection as far as possible in electronic form. For reasons of clarity, separate personnel directories can be run for partial areas.

(2) Contract officials shall be included in the list of staff separately by group of remuneration groups and, where appropriate, within the groups of pay groups by assessment groups.

(3) The following personnel data shall be shown in the Staff Register:


1.		name and date of birth,
2.		Pre-return date,
3.		Service Day,
4.		Day of effectiveness of inclusion in the remuneration group (or, where appropriate, the evaluation group) to which the contract staff member or the contract staff member is a member,
5.		Pay level and day of advance to the next level of remuneration,
6.		The office of the contract staff member or the contract staff member.
Z 6 is not applicable to those services in the area of the Federal Ministry of Defense and Sport, which could infringe military secrets in the personnel directory. "

4. § 5 (1) reads:

" (1) § 43, § 43a, § 45a, § 45b, § 46 (1) to (4), § 47, § 53, § 54 (1) and (2) and § § 55 bis 59 BDG 1979, BGBl. No. 333, shall apply. In the application of Section 56 (4) (3) of the BDG 1979, a Karenzurlaubes (Karenzurlaubes) in accordance with § 75c BDG 1979 shall be replaced by a Karenz holiday in accordance with § 29e. "

5. In § 6b, the quote "§ 39a" by quoting "§ 39a and § 39b" replaced.

5a. The table in Article 11 (1) is replaced by the following:

5b. The table in Section 14 (1) is replaced by the following:

6. § 22 (1) third and fourth sentence reads:

" The crossing or the retirement in the sense of § 20c (3) (2) of the salary law 1956 (GehG), BGBl. No 54, the termination of the service of the contract staff or of the contract staff member shall be considered to be equal if, at the time of the end of the end of the contract, the eligibility conditions for a pension benefit under the General Social Insurance Act (ASVG), BGBl. No. 189/1955, or the General Pensions Act (APG), BGBl. I n ° 142/2004, except for invalidity or invalidity pension. § § 15a, 16 and 17 GehG are to be applied to all cases of partial employment. "

6a. In Section 22 (2), the table shows the amount "147,6?" by the amount "148.9?" and the amount "187,4?" by the amount "189,1?" replaced.

7. In Section 24 (6), the phrase "Unfalles im Dienst" by the word "Service accident" replaced.

8. In § 24 (8), after the short title "Maternity Protection Act 1979" the abbreviation "MSchG" in parenthesis.

9. § 26 para. 2 Z 1 lit. b sublit. cc is:


" cc)				in a domestic private school, university or university, or "

10. In Section 26, Section 2, Z 8, after the word order "a state art academy" the phrase " or a university of applied sciences (Bundesgesetz über Fachhochschul-curricula, BGBl. No. 340/1993) '.

11. In § 26 (2), the Z 9 is deleted.

12. In Section 26 (2a) the phrase shall be: " to which only the University Act 2002, BGBl. I n ° 120/2002, through the phrase " to which only the University Act 2002, BGBl. I n ° 120/2002, or the Federal Law on Universities of Applied Sciences, BGBl. No 340/1993 ' replaced.

13. In § 26 para. 2e, the quote is " 2 Z 8 " by quoting " 2 Z 7 and 8 " replaced.

14. In Section 26 (11), the quote shall be " 2 Z 8 or 9 " by quoting " 2 Z 8 " replaced.

§ 27h Second and third sentence reads:

" If the consumption is not possible up to this point in time for service reasons, due to a service prevention caused by illness or accident or because of an employment ban under the MSchG, the decay occurs only after the expiry of the following Calendar year. If the contract staff member has a Karenz after the MSchG or the contract staff member a Karenz according to the Väter-Karenzgesetz (VKG-Karenzgesetz-VKG), BGBl. No 651/1989, the date of decay shall be extended by that period in order to exceed the limit of 10 months '.

16. In § 39 (3), the word "seven" by the word "five" replaced.

16a. The table in Section 41 (1) is replaced by the following:

16b. The table in § 44 is replaced by the following:

16c. In § 44a paragraph 2 are replaced:

(a) the amount "56,7?" by the amount "57,2?" ,

(b) the amount "17,1?" by the amount "17,3?" ,

(d) the amount "6,1?" by the amount "6,2?" .

16d. In § 44a (3) and (4) are replaced:

(a) in paragraph 3 and (4) (1) and (2) of the amount "38,1?" by the amount "38,4?" ,

(b) in paragraph 3 and (4) (3) of the amount "69,7?" by the amount "70.3?" .

16e. In § 44a paragraph 5 are replaced:

(a) the amount "24,9?" by the amount "25,1?",

(b) the amount "20.6?" by the amount "20,8?",

(d) the amount "6,1?" by the amount "6,2?" .

16f. In § 44a (6) the amount shall be "42.4?" by the amount "42,8?" replaced.

16g. In Section 44a (7) the amount shall be "9,0?" by the amount "9,1?" replaced.

16h. In § 44a paragraph 8 are replaced:

(a) in Z 1 the amount "41.2?" by the amount "41.6?" ,

(b) in Z 2 the amount "62.8?" by the amount "63.4?" and

16i. In § 44a (9) the amount "73.0?" by the amount "73,7?" replaced.

16j. In § 44b are replaced:

(a) in paragraph 1 (1) (1) and (2) (1), "679.8?" by the amount "685.9?" ,

(b) in paragraph 1 (2) and (2) (2), the amount "849,5?" by the amount "857,1?" ,

(d) in section 2 (3) of the amount "938,8?" by the amount "947,2?" .

16k. In § 44c paragraph 1 are replaced:

(a) the amount "4 071.0?" by the amount "4 107,6?" ,

(b) the amount "3 595.9?" by the amount "3 628.3?" ,

(d) the amount "2 245,3?" by the amount "2 265,5?" .

16l. In § 49q (1) and (1a) the following shall be replaced:

(a) in paragraph 1 Z 1 lit. a the amount "43 863,8?" by the amount "44 314.6?" ,

(b) in paragraph 1, Z 1 lit. b the amount "52 574,8?" by the amount "53 104.0?" ,

(d) in paragraph 1 Z 2 lit. b the amount "56 930.3?" by the amount "57 498.7?" ,

(e) in paragraph 1 Z 3 lit. a the amount "52 574,8?" by the amount "53 104,0?",

(f) in paragraph 1 Z 3 lit. b the amount "61 286,1?" by the amount "61 893,7?" ,

(g) in paragraph 1a (1) of the amount "54 130.3?" by the amount "54 673.5?" ,

(h) in paragraph 1a (2), the amount "62 841.6?" by the amount "63.462.2?":

16m. The table in § 49v (1) is replaced by the following:

16n. The table in § 54 is replaced by the following:

16o. In § 54e (1) the amount shall be "353.5?" by the amount "356.7?" and the amount "483.3?" by the amount "487,6?" replaced.

16p. The table in § 56 is replaced by the following:

16q. In § 56e (1) the amount shall be "353.5?" by the amount "356.7?" and the amount "483.3?" by the amount "487,6?" replaced.

16r. The table in Section 61 (1) is replaced by the following:

16s. The table in § 71 (1) is replaced by the following:

16t. The table in § 71 (2) is replaced by the following:

16u. The table in § 72 (1) is replaced by the following:

16v. The table in Section 72 (2) is replaced by the following:

16w. The table in Section 73 (2) is replaced by the following:

17. According to Article 73 (3), the following paragraphs (3a) and (3b) are inserted:

" (3a) Contract agents of the evaluation groups v1/4 and v2/6 may, by written declaration, exclude the applicability of paragraph 3 for a calendar year. Such a written declaration shall be legally ineffective if it is accompanied by a condition and it has not been issued by 31 December of the previous calendar year.

(3b) If the contract staff member or contract staff member has made such a written declaration, the functional supplement shall be reduced by 30.89%. In this case, the arrangement and lump-sum payment of additional services up to a maximum of 40 hours per month is possible. Periods in excess of service provision shall be considered to be equivalent to periods pursuant to Section 49 (9) of the BDG 1979. "

17a. § 74 (2) reads:

" (2) The fixed monthly fee shall be for contract staff


1.	in the evaluation group v1/5
a)	for the first five years	7 411.4?,
b)	from the sixth year	7 825,3?,
2.	in the evaluation group v1/6
a)	for the first five years	7 902.1?,
b)	from the sixth year	8 316.4?,
3.	in the evaluation group v1/7
a)	for the first five years	8 316.4?,
b)	from the sixth year	8 891.8 ? . "

18. In Section 78a (3), the word order shall be "the Federal Chancellor" in each case by the word sequence "the Chancellor or the Federal Chancellor" , as well as the phrase "The Federal Minister for Economic Affairs and Labour" through the phrase "the Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

19. § 78a (5), first half-sentence reads:

"Paragraphs 1 to 3 shall apply to national contract teachers born after 31 December 1954 after the LVG 1966 and the LLVG with the measures to ensure that"

The following sentence shall be added to Article 78a (6) (2):

" The Regulation can be adopted retrospectively in 2009, but at the earliest from 1. Jänner 2009. "

21. In § 87 (2) the word order shall be "from the Federal Minister for Health and Women" through the phrase "From the Federal Minister or the Federal Minister for Health" replaced.

(21a) The following provisions shall be replaced by the provisions of Section 95 (1):

" (1) The monthly special fee (with the exception of the children's allowance) of those contract staff, with those of the contract staff before the 1. A special contract has been concluded in January 2010 in accordance with § 36, will become available from 1 January 2010. January 2010 increased by 0.9% and thereafter by 4 Euro, provided that:


1.		this increase does not already result from the special contract, or
2.		in the special contract, the increase in the special remuneration is not linked to other cases of admission as a reference increase or detentions in the public service.

(1a) In the case of part-time contract staff, with those in front of the 1. A special contract has been concluded in January 2010 in accordance with § 36, and is to be determined first of all the special fee which would be charged to them in the case of full employment. This special fee shall be subject to the calculation rules provided for in paragraph 1. Finally, the amount calculated in this way must be determined in the light of the extent to which the employment is being taken into account. This part shall apply from 1. January 2010 as a new special fee for the part-time contract staff member. "

(22) The following paragraphs 53 and 54 are added to § 100:

" (53) In the version of the Federal Law BGBl. I n ° 153/2009 enter into force:


1.		§ 78a (5) first half sentence and § 78a (6) Z 2 with 1. Jänner 2009,
2.		§ 3 (1) (c) 1 (b), § 11 (1), § 14 (1), Section 22 (1) and (2), § 26 para. 2 Z 1 lit. b sublit. cc, § 26 para. 2 Z 8, § 26 para. 2a, § 26 para. 2e, § 26 para. 11 , § 27h, § 41 para. 1, § 44, § 44a, § 44b, § 44c para. 1, § 49q para. 1 and 1a, § 49v para. 1, § 54, § 54e para. 1, § 56, § 56e para. 1, § 61 paragraph 1, § 71 para. 1 and 2, § 72 para. 1 and 2, § 73 para. 2, § 74 para. 2, § 95 para. 1 and 1a, and the abduction of § 26 para. 2 Z 9 with 1. Jänner 2010,
3.		Section 39 (3) with 1 September 2010. "

" (54) § 73 (3a) and (3b) in the version of the Federal Law BGBl. I n ° 153/2009 shall enter into force 1. January 2010 in force and with the expiry of 31 December 2011. Statements for the calendar year 2010 may be made by way of derogation from § 73 (3a) to 31 March 2010. "

23. In the Appendix to § 26 of the VBG, the citation in the title as well as in the introduction rate shall be "Section 26 (2a) Z 3 of the Act of the Order of Contract 1948" by quoting "§ 26 (2a) Z 6 of the Act of the Order of Contract 1948" replaced.

Article 4
Amendment of the Judge and Public Prosecutor's Law

The Judge and Public Prosecutor's Service Act, BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In Art. IIa (2) shall be the citation "§ § 57 and 58a" by quoting "§ § 57, 57a and 58a" replaced.

2. In accordance with § 57, the following § 57a with headline is inserted:

" Careful handling (prohibition of mobbing)

§ 57a. Judges, judges, prosecutors and public prosecutors have their superiors and employees as their superiors, as well as with respect for their superiors, as well as with respect for each other, and for a good functioning to contribute to the cooperation. In their dealings with their colleagues and employees, they have to refrain from behaviour or the creation of working conditions which violate their human dignity or are intended to do so or otherwise discriminate against them. "

2a. § 66 (1) reads as follows:

" (1) The salary of the judge shall be determined by the salary group and in it by the salary level. It is:

A fixed content is due:


1.		the President of the Higher Regional Court to the extent of 10 514.6?,
2.		the Vice-President of the Supreme Court to the extent of 10 476.7?,
3.		the President of the Supreme Court to the extent of 11 562.6?. "

2b. In § 67, in Z 1 the amount shall be "2 203.53?" through the B etrag "2 227,3?" and in Z 2 the amount "2 263,7?" by the amount "2 288,1?" replaced.

2c. In § 68

replaced.

Section 69 (1) reads as follows:

" (1) For the judges in the area of a first instance service authority, a list of staff must be kept and the judges, the members of the staff senate and the staff of the judges shall be kept permanently in the office of the judges. shall be made available for inspection as far as possible in electronic form. "

4. § 69 (3) deleted.

5. § 72 (1) Z 4 reads:


" 4.		240 hours with a service time of 21 or more years. "

6. § 73 of the second and third sentences are:

" If the consumption is not possible up to this date for service reasons, one of the reasons for the first sentence of § 62 (1) or on the basis of an employment ban under the MSchG, the decay shall not enter into force until the end of the following calendar year. . If the judge has taken up a Karenz after the MSchG or the judge has used a Karenz according to the VKG, the date of decay shall be deferred by that period in order to which this Karenz exceeds the extent of ten months. "

7. In Section 75c (3), the phrase "six working days" through the phrase "one week" replaced.

8. In Section 75c (4), the phrase "another six working days" through the phrase "another week" replaced.

9. In § 100 subsection 1 Z 6 the quote is "§ 2 (2) last sentence of the EU Official Social Security Act" by quoting "§ 2 (2) of the EU Official Social Security Act" replaces and eliminates the word sequence "last sentence" .

9a. The table in Section 168 (2) is replaced by the following:

9b. In § 168a (2) the amount shall be "337,7?" by the amount "340.7?" replaced.

9c. In § 169a the amount shall be "371,3?" by the amount "374.6?" replaced.

9d. In § 170 (1)


replaced.

9e. § 190 (1) reads as follows:

" (1) The salary of the public prosecutor shall be determined by the salary group and in it by the salary level. It is:


A fixed salary is due to the Head of the General Procurature to the extent of 10 703,2?. "

9f. In § 192


replaced.

9g. The table in Section 197 (2) is replaced by the following:

9h. In § 198 the amount "371,3?" by the amount "374.6?" replaced.

9i. In § 200 (1)


replaced.

10. The following paragraphs 51 and 52 are added to § 207:

" (51) Art. IIa (2), § 57a together with the title, § 66 (1), § 67, § 68, § 73 second and third sentence, § 75c (3) and (4), § 168 (2), § 168a para. 2, § 169a, § 170 (1), § 190Abs. 1. § 192, § 197 para. 2, § 198 and § 200 para. 1 in the version of the Federal Law BGBl. I n ° 153/2009 will be 1. Jänner 2010 in force.

(52) § 72 (1) (4), as amended by the Federal Law BGBl. I n ° 153/2009 shall enter into force 1. Jänner 2010 in force. § 72 (1) Z 4 in the version valid until 31 December 2009 is still valid for judges and judges who have acquired holiday claims in accordance with § 72 (1) Z 4 in the version valid until 31 December 2009 until 31 December 2009. "

Article 5
Modification of travel fees

The travel fee rule, BGBl. N ° 133/1955, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 35d (1) reads:

" (1) In the case of foreign resettlement activities,


1.		furnishing items which have been in use prior to resettlement, or which are usefully replaced by them,
2.		other movable objects which have been in use before being moved, or which are usefully replaced, provided that they do not exceed a reasonable level; and
3.		consumable assets necessary for the management of the new foreign service and place of residence, provided that they do not exceed the size of a supply adequate for the household.
The maximum rates laid down in § 30 (1) and (2) for the weight of the resettlement good or the loading area may be increased to the extent that this requires special conditions at the new foreign service and residence, but at the most may be increased to the extent of One and a half times. "

Section 39 (1) reads as follows:

" (1) Members of the Guard Federal Police of the District and City Police Commons, Police Inspections and their external offices, specialist inspections and external offices of the transport departments are due for the related activities of the Executive Service


1.		Service allocations up to 24 hours or
2.		Missions in the political district, but where a surveillance rayon beyond the political district is fixed, in the surveillance rayon, or
3.		Service activities in the place of work
in place of the daily fees according to the main item, a monthly flat-rate payment. A overnight stay fee is payable for each night accommodation used.

3. According to Article 39 (1), the following paragraph 1a is inserted:

" (1a) (1) shall be applied to the members of the Federal Police


1.		of the State Police,
2.		the state offices for the protection of the constitution and the fight against terrorism,
3.		in the office for special investigations and
4.		In the Power Engineering Unit, Weapons, Equipment of the Office for Budget, Logistics and Infrastructure
predominantly used within their service activities in the external service connected to the Executive Service. "

4. In § 39 paragraph 2 Z 1, the word "District Police Commanders" by the words "Country, district and city police commanders" replaced.

5. In Section 39 (2) and (3), the quote shall be: " 1 " by quoting " 1 and paragraph 1a " replaced.

6. In Section 39 (3), the quote shall be "§ 15 (5)" by quoting "§ 15 (5) and 15a (2)" replaced.

7. § 43 Z 1 reads:


" 1.		in the case of civil servants of the Federal Police Office, with the exception of those officials who receive a monthly flat-rate payment in accordance with § 39, as well as "

8. § 44 deleted.

Section 77 (28) reads as follows:

" (28) § 10 (3) and (4) in the version of the Federal Law BGBl. I n ° 86/2008 shall enter into force on 1 July 2008 and with the expiry of 31 December 2010. With 1. January 2011 Section 10 (3) and (4) shall again enter into force in the version in force until 30 June 2008. "

10. The following paragraph 31 is added to § 77:

" (31) § 35d para. 1, § 39 para. 1 to 3, § 43 Z 1 and the abduction of § 44 in the version of the Federal Law BGBl. I n ° 153/2009 will be 1. Jänner 2010 in force. "

Article 6
Amendment of the law on tendering for 1989

The 1989 Tendering Act, BGBl. No. 85, as last amended by the Federal Law BGBl. I n ° 147/2008, shall be amended as follows:

1. § 1 (2) reads:

" (2) The nationals of a country whose nationals are granted the same rights for access to the profession under the terms of a national contract within the framework of European integration shall be the nationals of a country referred to in paragraph 1 above. as well as Austrian nationals (nationals and nationals), as well as persons recognised as refugees and persons with subsidiary protection status under Directive 2004 /83/EC on minimum standards for the recognition and protection of citizens Status of third-country nationals or stateless persons as refugees or as Persons who otherwise need international protection and the content of the protection to be granted, OJ L 327, 30.4.2004, p. No. L 304/2004 p. 12. '

2. § 3 Z 3 reads:


" 3.	in the area of the Federal Ministry for Economic Affairs, Family and Youth:
a)		Federal Office of Eich-und Vermessungswesen,
b)		Burghauptmannschaft Austria , "

3. § 3 Z 4 reads:


" 4.	in the area of the Federal Ministry of Labour, Social Affairs and Consumer Protection:
a)		Federal Social Office,
b)		Federal Office of the Federal Social Office,
c)		Labour Inspectorate, "

4. In § 3 Z 8, the word order shall be "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

5. In § 3 Z 13, the word order shall be "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

6. In Article 5 (2), the following sentence shall be inserted after the second sentence:

' The call for tenders shall specify the weighting of the particular knowledge and skills to be taken into account in the assessment of the suitability of each individual; a systematic summary of individual competences may be taken into consideration in this connection. fields of competence. "

7. The following sentence shall be added to section 5 (8):

" As a day of application, the day on which the application (in writing, fax, e-mail) will arrive at the position mentioned in the call for tenders shall apply. § 33 (1) and (2) of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51. "

8. The following paragraphs 7 and 8 are added to § 7:

" (7) The head or head of the central office shall appoint a member of a review board, if:


1.		because of his health condition, the tasks associated with his function permanently can no longer be fulfilled, or
2.		the duties associated with its function have been grossly violated or permanently neglected.

(8) The head of the central office shall have the right to inform himself of all matters relating to the management of a review commission set up in the area of his or her portfolio. "

9. § 10 (1) Z 2 reads:


" 2.		which of the appropriate candidates referred to the specific knowledge and skills weighted in the call for tenders; and The pursuant to § 5 (2) in the case of tenders issued by the Federal Ministry for European and International Affairs The principles of mobility and rotation to be taken into account, which are highly suitable and which, to a lesser extent, are suitable. "

10. In Section 12 (1a) the phrase shall be: "a female servant by her or him namelly made by him" through the phrase "eine/ein von ihr oder him namhaft geased/r servants/staff" replaced.

11. The following sentence is added to Article 12 (5):

" At the request of the Chairman or Chair of the Working Party on Equal Treatment or Equal Treatment or the official or the staff of which he or she has been repudiated shall be attached to the opinion under the closure of the opinion. '

12. The following paragraphs 5 and 6 are added to § 18:

" (5) The head or head of the central office shall appoint a member of a reorder commission if:


1.		because of his health condition, the tasks associated with his function permanently can no longer be fulfilled, or
2.		the duties associated with its function have been grossly violated or permanently neglected.

(6) The head of the central office shall have the right to inform himself of all matters relating to the management of a further order commission set up in the area of his or her department. "

13. In Article 20 (1), the second sentence shall be replaced by the following:

" To this end, the occupation of the post office is to be made available to the Federal Chancellery at the Federal Chancellery in a suitable way and at the same time in the Federal Job Exchange. This announcement in the Federal Job Exchange (Interesting and Interesting Search) can be omitted if the occupation is carried out by arranging the Federal Career Database of the Federal Job Exchange. "

14. § 23 (1) and (2) reads:

" (1) The invitation to tender is to be published in the Federal Chancellery at the Federal Chancellery.

(2) In addition, the invitation to tender may also be published in other appropriate ways (for example, the office of office of the office carrying out the admission procedure). "

15. In § 23 (3) the word order is deleted "and the Federal Chancellery".

16. At the end of § 25 Z 5, the supplement and the following half-sentence shall be added:

" or with a person who has successfully completed her teaching at the federal government (trained apprentice) and in the period of re-use according to § 18 of the Vocational Education and Training Act (BAG), BGBl. No 142/1969, "

17. In Section 26 (2), the phrase "according to § 75" through the phrase "in accordance with § § 74 and 75" replaced.

18. § 27 (1) and (2) reads:

" (1) The applications for applications must be submitted in writing to the position indicated in the invitation to tender. A period of application shall be provided which shall not be less than two weeks.

(2) The date on which the application is submitted is the date on which the application (in writing, fax, e-mail) is received at the position indicated in the invitation to tender. The position indicated in the call for tenders may provide for the exclusive online application and determine the time at which the application has to be received. The use of the citizen card in the course of the application can be provided. § 33 (1) and (2) of the AVG shall apply to the period of entry within the time limit. "

19. The following paragraph 4 is added to § 29:

"(4) The head of the central office shall have the right to inform himself of all matters relating to the management of a receiving commission set up in the area of its department or place of business."

20. In accordance with § 34 (4), the following paragraph 4a is inserted:

" (4a) The Head of the Central Office or the Head of the Central Office has a member of a receiving commission Dismissed , if it is


1.		because of his health condition, the tasks associated with his function permanently can no longer be fulfilled, or
2.		the duties associated with his function have been grossly violated or permanently neglected. "

21. At the end of § 64 Z 3, the paint is replaced by a point.

22. § 64 Z 4 is deleted.

23. The name of subsection F of Section VII is:

"Admission procedure for participants in the administrative internship and trained apprentices of the federal government"

Section 72 (1) reads as follows:

" (1) This subsection shall be applied to the reception of persons who:


1.		have been in a administrative internship in accordance with Section Ia of the Contract Order Act 1948 for at least six months or have successfully completed their teaching at the Federal Government (trained apprentices) and are in the period of re-use are located in accordance with § 18 BAG and
2.		have been advertised for the respective training relationship on the basis of a public notice.

25. The name of subsection G of Section VII is:

"Verification Mechanism for Replacement Forces"

26. § 74 reads:

" § 74. (1) This sub-section shall apply to replacement forces which:


1.		in the course of public notice have been included in the Federal Service for replacement forces,
2.		with regard to these Admission has been successfully subjected to an aptitude screening and
3.		pursue an extension of their service over the period of eight months.

(2) In the case of aptitude screening, the knowledge and skills required for use in the Federal Service of fundamental importance and at the intended workplace are to be reviewed. § 39 shall apply mutatily. "

27. § 79 (3) reads:

" (3) The office responsible for the reception shall review this report and, if necessary, amend it. It shall also determine in this report whether the success of the intended use justifies the use of the intended use. In addition, an aptitude screening shall be carried out by the competent service. within the meaning of Article 74 (2) and the outcome of the report should be included in the report. The report shall be submitted no later than one month after the date of notification by the staff member or staff of the receiving Commission. "

28. In Section 83 (3), the following provisions shall be replaced by Z 2 and 3:


" 2.	Use as a civil servant in a craft activity or in a technical activity of the middle service or the technical service
a)		in an institution or a warehouse of command, operational assistance, or
b)		in the case of a fly-yard, where a person is called upon to meet the conditions laid down in paragraph 5. '

29. § 83 (6) deleted.

30. At the end of Section 90 (2), the point shall be replaced by an accoration and the following Z 28 shall be added:


" 28.		in the version of the Federal Law BGBl. I n ° 153/2009 § 1 para. 2, § 3 Z 3, 4, 8, 13, § 5 para. 2, 8, § 7 para. 7, 8, § 10 paragraph 1 Z 2, § 12 para. 1a, § 12 para. 5, § 18 para. 5, 6, § 20 para. 1, § 23 para. 1, 2, 3, § 25 Z 5, § 26 para. 2, § 27 para. 1, 2, § 29 para. 4, § 34 para. 4a, § 64 Z 3, § 72 Abs. 1, section 74 (1) and (2), section 79 (3), section 83 (3), the names of subsections F and G of Section VII and the abduction of § 64 Z 4, § 83 (3) Z 3, para. 6 with 1. Jänner 2010. "

31. The following paragraph 7 is added to § 90:

" (7) In the version currently in force until 31 December 2009, the following shall apply:


1.		Section 72 on the admission of persons with whom, until 31 December 2009, a training relationship has been established as administrative trainee or administrative trainee in accordance with Section Ia of the Contract Order Act 1948;
2.		Section 74 to persons admitted as a replacement by 31 December 2009;
3.		Section 79 (3) for persons admitted until 31 December 2009 as staff members pursuant to § 25 Z 1 to 3. "

Article 7
Amendment of the Pension Act 1965

The Pension Act 1965, BGBl. N ° 340, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 2 para. 2 lit. a is:


" (a)			Loss of Austrian citizenship or the nationality of one of § 4 para. 1 Z 1 lit. b BDG 1979 registered country, if not the nationality of another of the § 4 para. 1 Z 1 lit. b BDG 1979 registered country or the Austrian citizenship is given, "

2. § 4 (1) Z 6 reads:


" 6.	If less than the contribution months to be taken into consideration pursuant to Z 3 to 5, at most in conjunction with section 91 (3), are available, the following months of contribution are to be determined in addition:
a)		First of all, for each calendar month following 31 December 1987, the periods of early retirement, which have been laid down in a public service relationship with a national authority, and for which a period of rest is to be paid, Transfer amount according to § 311 para. 2 ASVG (§ 175 para. 2 of the Industrial Social Security Act, BGBl. No. 560/1978-GSVG, § 167 (2) of the Farmers ' Social Insurance Act, BGBl. No 559/1978-BSVG), it was necessary to identify the missing highest monthly tax bases for the pension contribution in accordance with the provisions applicable to the former service. Special payments and payments for additional fees, which have been taken into account in accordance with § § 65 and 66, shall not be taken into consideration.
b)		Furthermore, if necessary, for each calendar month after 31 December 1987, a contractual service relationship to a domestic local authority, for which a transfer amount according to Article 308 of the Treaty is applied, is a contractual duty as a rest period of the pre-service period. ASVG (§ 172 GSVG, § 164 BSVG) in the amount of 7% of the calculation basis pursuant to § 308 (6) of the ASVG (§ 172 (6) of the GSVG, § 164 (6) BSVG), the missing highest monthly tax bases for the contribution in the pension insurance after § § 44 to 47 of the ASVG. Special payments and payments for additional fees, which have been taken into account in accordance with § § 65 and 66, shall not be taken into consideration.
	If, even after that, less than the required contribution months are available, the pension calculation basis shall be the sum of all the existing contribution bases, divided by the number of contribution months available. "

3. In Section 5 (2), the turn shall be "at the earliest, his retirement to retirement could have been effected by declaration pursuant to § 15 in conjunction with Section 236c (1) BDG 1979" through the turn "according to § 13 BDG 1979 to retirement would have been superseted" replaced.

4. § 11 lit. a is:


" (a)			Loss of Austrian citizenship or the nationality of one of § 4 para. 1 Z 1 lit. b BDG 1979 registered country, if not the nationality of another of the § 4 para. 1 Z 1 lit. b BDG 1979 registered country or the Austrian citizenship is given, "

5. In § 93 (5) (1) (1), after the word "was" an accordiation and the phrase "insofar as not § 116d paragraph 3 GehG has been applied to these times," inserted.

6. § 93 (6) Z 4 reads:


" 4.		The remaining months of the total working time eligible for rest and the time to which § 116d (3) of the GehG were applied are to be counted to the full extent. "

7. In § 93 (13), after the word order "has been," the phrase "insofar as not § 116d paragraph 3 GehG has been applied to this time," inserted.

7a. In accordance with § 95a, the following § 95b with headline is inserted:

" One-off payment for the year 2010

§ 95b. § 649 ASVG is to be applied in a reasonable way. "

8. In § 98a (1) the word order shall be made at the end of the first sentence "or any other carve holiday granted for the purpose of caring for a disabled child." .

9. The following provisions shall be replaced by Section 100 (3):

" (3) For periods in the public service relationship with the Federal Government, Sections 3 and 4 of the APG shall be applied with the following measures:


1.		§ 11 Z 1 APG is to be applied with the proviso that, instead of the contribution base sheet total referred to therein, the assessment basis for the pension contribution is to be determined up to the monthly maximum contribution basis in accordance with § 45 ASVG. The allocation of a basis of assessment for a calendar month depends on the period for which the cash benefit on which it is based is due.
2.		§ 11 Z 2 APG is to be applied with the proviso that the sum of contributions shall be recorded only for periods pursuant to § 8 paragraph 1 Z 2 lit. d, e and g ASVG. § 8 para. 1a Z 1 ASVG is not applicable. The contributions provided for in § 52 ASVG (§ 27e GSVG, § 24e BSVG) for these periods are retroactive as of 1. Jänner 2005-to be referred to the Federal Minister of Finance or the Federal Minister for Finance.
3.		§ 11 Z 3 APG is not applicable.
4.		The partial contributions corresponding to the contributions of the civil servants are from 1. January 2005 in the pension account shall be increased by a service contribution to the extent of the percentage of the contribution basis in force for the respective period in the statutory pension insurance scheme.
5.		The contribution bases for periods of family hospice and for periods of grace after 31 December 1987 against the removal of the remuneration in accordance with Section 75c BDG 1979 or any other carence for the purpose of caring for a disabled children, correspond to those according to § 4 para. 2 to 2b.

(4) For periods prior to the public service relationship with the Federal Government, Sections 3 and 4 of the APG shall be applied with the following measures:


1.		The contribution basis for periods for which a transfer amount has been made in accordance with § 308 ASVG corresponds to the basis of the contribution which these periods would have had in the statutory pension insurance scheme. § 310 ASVG is not applicable.
2.		The contribution basis for the periods for which a transfer amount has been made to the Federal Government pursuant to § 311 (2) of the ASVG is the basis for the assessment of the pension contribution or the special pension contribution.
3.		The contribution basis for periods for which a special pension contribution has been or is to be made in accordance with § 56 corresponds to the basis of the assessment of this special pension contribution.
4.		§ 11 Z 3 APG shall not be applied at times for which no transfer amount has been made pursuant to § 308 ASVG. "

10. § 109 para. 64 in the version of the Federal Law BGBl. I n ° 83/2009, the sales designation "(65)" .

(11) The following paragraph 66 is added to § 109:

" (66) In the version of the Federal Law BGBl. I n ° 153/2009 enter into force:


1.		Section 100 (3) and (4) with 1. Jänner 2005,
2.		§ 4 para. 1 Z 6 with 1. Jänner 2010 and
3.		Section 5 (2) with 2 September 2017. "

Article 8
Amendment of the Federal Personnel Representation Act

The Federal Personnel Representation Act, BGBl. No. 133/1967, as last amended by the Federal Law BGBl. I n ° 77/2009, shall be amended as follows:

1. In § 4 (4) the word order shall be "Federal Ministry of Defence" through the phrase "Federal Ministry of Defence and Sport" replaced.

2. In § 9 para. 3 lit. i the line point shall be replaced by a dash, and the following shall be added:

" as far as technically possible in the form of an electronic data set. "

3. In § 13 para. 1 Z 3 lit. c will be the expression "Federal Teacher" by the expression "Federal Teachers" replaced.

4. In § 15 paragraph 5 Z 3 lit. b becomes the phrase "Nationals (nationals)" through the phrase "Citizens (Incountriesmen and nationals)" replaced.

5. In § 16 (4), the expression "the author (s)" by the expression "the author (s) or the author (s)" shall be replaced by " .

6. In § 21 (6), before the expression "These Staff Representatives" the word "or" inserted.

7. § 22 (1) second sentence reads:

In the first meeting, the duty centre committee shall elect from its centre a chairperson or a chairperson and her/her deputy (alternates), respectively. her (her) or his (his) deputist, and the secretary (s), or the secretary (s).

8. In § 39 (2) penultimate sentence, the expression "The Chairman" by the expression "The Chairman or the Chair" and the expression "his deputy" by the expression "their substitutes or alternates" replaced.

9. The following sentence shall be added to Article 39 (7):

" The Federal Government has the right to inform itself of all the objects of the management of the Commission. "

10. In § 40 (3), second sentence, the expression "his membership" by the expression "her or his membership" replaced.

11. In § 40 (4), after the word "Office" the word "constant" inserted and the expression "violated" by the expression "hurt" replaced.

Article 9
Amendment of the Federal Equal Treatment Act

The Federal Equal Treatment Act, BGBl. N ° 100/1993, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In § 4a, the previous para. 2 and 3 are given the name "(3)" and "(4)". In accordance with paragraph 1, the following paragraph 2 is inserted:

" (2) In any case, direct discrimination on grounds of sex within the meaning of paragraph 1 shall be available if a person is involved in the context of


1.		of their pregnancy or
2.		an employment ban according to § 3 (1) and (3) and § 5 (1) and (2) of the Maternity Protection Act 1979 (MSchG), BGBl. 221,
is given less favourable treatment. "

2. § 10 (1) penultimate sentence reads:

' The Chairman of the Working Party on Equal Treatment or a staff member of his or her reputable staff, or a member of the staff of which he or she is well known, shall have the right to participate in all the Commission's negotiations and meetings. or of the relevant Senate, the collegiate body or the Advisory Council, except in the case of disciplinary meetings, with a consultative vote. "

Section 10 (2) reads as follows:

"(2) In the nomination of members of such commissions and their senates, every representation of interests shall be taken into account in the composition according to paragraph 1 of this article."

(4) The following paragraph 5 is added to § 10:

" (5) By way of derogation from para. 1 and 2, BGBl is the case in the case of reimbursement of remuneration proposals for judges ' posts in accordance with § 32 of the Judge and Public Prosecutor's Act (RStDG). I No 305/1961, § 32b RStDG. This shall also apply in the case of the reimbursement of proposals for public prosecutor's offices in accordance with § 180 RStDG, with the proviso that the Staff Committee shall be replaced by the Staff Council. "

5. In § 11 para. 2, § 11b para. 1 and § 11c the number shall be "40" in each case by the number "45" replaced.

6. In § 11a (2), first sentence, the date shall be: "1 July" by the date "31 December" replaced.

7. In § 18c, the point at the end of paragraph 1 shall be deleted and the following half-sentence shall be added:

"and to grant compensation for the personal detriment suffered."

8. § 20 reads:

" § 20. (1) Claims of applicants according to § 17 and of contractual service employees according to § 18 shall be made in court within six months. The time limit for the assertion of the claims in accordance with § § 17 and 18 shall begin at the end of the day on which the applicant, the applicant, the service provider or the service provider has gained knowledge of the rejection of the application or promotion. Claims of contractual service employees pursuant to § 19 as a result of harassment in accordance with § § 8a and 16 shall be subject to court proceedings within one year. A dispute of termination, dismissal or dissolution of a trial service of the contractual service provider or the contractual service provider according to § 18c (1) or § 20b, as well as the lodging of a notice of arrest in accordance with § 18c Abs. 2 or § 20b shall take place within 14 days from the date of their access to the court. Claims of contractual service employees pursuant to section 18c (3) are within six months of access to the termination, dismissal or termination of the trial service relationship or termination of a service relationship by To make a court case in court. For claims pursuant to § § 17a to 17c and 18b, the three-year period of limitation shall apply in accordance with § 1486 of the General Civil Code.

(2) Claims of contractual service employees pursuant to § 19 of sexual harassment in accordance with § 8 shall be brought to court within three years. Claims by civil servants in accordance with § 19 as a result of sexual harassment in accordance with § 8 shall be submitted within three years with application to the service authority responsible for the service. Claims by civil servants to the instigator or the harrassment in accordance with § 19 of the harassment pursuant to § 8 shall be subject to court proceedings within three years.

(3) Claims of civil servants according to § 19 as a result of harassment in accordance with § § 8a and 16 shall be asserted within one year with application to the service authority responsible for them. Claims by civil servants to the instigator or the harassing officer pursuant to § 19 of the alleged harassment in accordance with § § 8a and 16 shall be subject to court proceedings within one year. Claims by civil servants to the Federal Government pursuant to § 18a shall be submitted within six months of application to the service authority responsible for the Federal Government. The time limit for the assertion of the claim in accordance with § 18a shall begin at the end of the day on which the official or the official has become aware of the rejection of the application or promotion.

(4) The application for an explanation of the legal invalidity of the dismissal and for compensation for the personal impairment suffered by a provisional official or a provisional official pursuant to § 18c (1) or (20b) is within 14 days in the case of the service authority responsible for them or for him. The application for compensation for the loss of property and compensation for the personal impairment suffered by a provisional official or a provisional official pursuant to Section 18c (3) shall, within six months, be the case with the person or him who is responsible for the damage. competent service authority. The period shall begin at the end of the day on which the official or the official has become aware of the termination.

(5) The Law on the Law of the Law 1984, BGBl. No 29, and the regulations issued for this purpose are to be applied to the competence of the service authorities in order to assert compensation claims by officials.

(6) The application of the application to the examination of the breach of the equal treatment offer to the Equal Treatment Commission shall result in the inhibition of the time limits set out in paragraphs 1 to 4.

(7) Claims in accordance with § § 17 to 19, which are also based on the grounds of discrimination of the disability in addition to a grounds of discrimination covered by this Federal Act, can only be made by the ordinary courts or by the authorities after prior notice. Implementation of a conciliation procedure with the Federal Office for Social Affairs and Disabled Persons is to be invoked. For the assertion of these claims, § § 7k to 7m and 7o of the Act on Disability of Persons with Disabilities, BGBl. No. 22/1970. '

9. In § 20a, the quote "4a (2)" by quoting "4a (3)" replaced.

10. In § 21, at the end of Z 4, the word "and" by a dash and at the end of the Z 5 the point by the word "and" replaced. The following Z 6 shall be added:


" 6.		Working groups for equal treatment issues according to § 21 of the Higher Education Act 2005, BGBl. I No 30/2006. '

11. § 23a (5) 2. sentence reads:

"By way of derogation, an application for a violation of the prohibition of discrimination in accordance with § 8 shall be admissible within a period of three years and in accordance with § § 8a and 16 within one year."

12. The following sentence shall be added to section 24 (5):

"The Federal Government has the right to inform itself of all the objects of the management of the Commission."

(13) In § 24, the following paragraph 5a is inserted after paragraph 5:

" (5a) The Federal Government has to discontinue a member of the Commission if it


1.		Because of its health condition, the tasks associated with its function can no longer be fulfilled, or
2.		the duties associated with his function have been grossly violated or permanently neglected. "

14. § 27 (3) reads:

" (3) The equal treatment officers are obliged to meet at least once a year a meeting with the contact women (women's representatives) of their representative area and-in the area of teacher training colleges-each with one member of the The Working Group for Equal Treatment Questions in accordance with § 21 of the Higher Education Act 2005. "

15. § 37 reads:

" § 37. (1) Equal treatment officers, contact women (Women's Representatives) and members of the Working Group on Equal Treatment Issues according to § 21 of the Higher Education Act 2005 are self-employed and independent in the performance of their duties. The Head of the Central Office shall be entitled to discuss all matters relating to the Management of the Equal Treatment Officer, Contact Women (Women's Representative) and members of the Working Group on Equal Treatment Questions in accordance with § 21 of the Higher Education Act 2005.

(2) The head of the central office shall have an equal treatment officer, a contact woman (Women's Representative) or a member of the Working Group on Equal Treatment Questions in accordance with § 21 of the Higher Education Act 2005, if it or he or she is a member


1.		is permanently unable to carry out the tasks associated with its or her function, either on the basis of its health condition or its health condition; or
2.		has grossly violated or permanently neglected the duties associated with its function or function.

(3) The activity as contact woman (Women's Representative) and as a member of the Working Group on Equal Treatment Questions in accordance with § 21 of the Higher Education Act 2005 is an unsounded honorary office, which is to be exercised in addition to the professional duties and, as far as possible, without impairment of the service operation. In this connection, consideration should be given to the additional burden arising from this activity.

(4) In the event of payment of their remuneration, the Equal Treatment Officer shall be given the free time necessary for the performance of their duties; the use shall be communicated to the service supervisor.

(5) The heads of the services may be responsible for equal treatment officers, contact women (Women's Representatives) and members of the Working Group on Equal Treatment Issues in accordance with § 21 of the Higher Education Act 2005 in the exercise of their duties, and for this reason also do not disadvantage them. From this activity, they must not have a disadvantage in terms of performance and in their professional progress.

(6) As far as the service requirements are permitted, the Head of Service or the Head of Service shall have the Equal Treatment Officer, Contact Women (women's representatives) and Members of the Working Group on Equal Treatment Questions in accordance with § 21 of the Higher Education Act 2005 to allow participation in the training courses of the employer in the following areas:


1.		equal treatment law and promotion of women,
2.		Human rights,
3.		the right of service and remuneration (including service procedures);
4.		Organisational law and
5.		Talk and negotiate. "

16. § 38 (1) reads:

" (1) The equal treatment officers, contact women (women's representatives) and members of the Working Group on Equal Treatment Issues according to § 21 of the Higher Education Act 2005 have made known all of them exclusively in the performance of their duties. The strictest secrecy of service and trade secrets, in particular the matters referred to them as secret, technical facilities, procedures and peculiarities of the holding. "

17. In § 41, paragraph 3, the quote "§ 37 (3) and (5)" by quoting "§ 37 (4) and (6)" replaced.

18. The following paragraph 19 is added to § 47:

" (19) § 4a, § 10 para. 1 and 2, § 11 para. 2, § 11a para. 2 first sentence, § 11b para. 1, § 11c, § 18c para. 1, § 20, § 21, § 23a para. 5 2 sentence, § 24 para. 5, § 27 para. 3, § 37, § 38 paragraph 1 and § 41 para. 3 in the version of the Federal Law BGBl. I n ° 153/2009 will be 1. Jänner 2010 in force. "

Article 10
Amendment of the Federal Order for the Protection of Services

The Federal Service Protection Act, BGBl. I n ° 70/1999, as last amended by the Federal Law Gazette (BGBl). I n ° 2/2008, shall be amended as follows:

1. In § 10 (5) Z 3 the word "or" is replaced by a dash.

2. In Section 10 (5) (4) (4), the point shall be replaced by a dash and the following Z 5 shall be added:


" 5.		a disciplinary penalty shall be legally imposed on the security officer. "

(3) The following paragraph 10 is added to § 10:

"(10)" The supreme service authority shall have the right to inform itself of all the objects of the management of the security trusts operating in their place of remission. "

4. In § 79, the phrase "and occupational physicians" in each case by the word sequence ", occupational health professionals and other specialists" replaced.

5. The title of § 83 reads as follows:

"Dismissal, Enunciation and Supervision"

6. The following paragraphs 5 and 6 are added to § 83:

" (5) The function as a preventive specialist also ends with the legally binding imposition of a disciplinary penalty, with the movement abroad as well as with the departure from the service.

(6) The supreme service authority shall have the right to inform itself of all the objects of the management of the preventive professional staff working in their place of business. "

7. In § 90 (1) the word order shall be "Federal Ministry of Economics and Labour" through the phrase "Federal Ministry for Economic Affairs, Family and Youth" replaced.

8. In § 90 (2) the word order shall be "for business and work" in each case by the word sequence "for business, family and youth" replaced.

9. In § 91 (4), the phrase "Federal Ministry of Economics and Labour" through the phrase "for business, family and youth" replaced.

10. In § 92, the phrase "The Federal Minister for Economic Affairs and Labour" in each case by the word sequence "the Federal Minister or the Federal Minister for Labour, Social Affairs and Consumer Protection".

11. In Section 108 (2), the phrase "the Federal Minister for Economic Affairs and Labour" through the phrase "the Federal Minister for Labour, Social Affairs and Consumer Protection" is replaced by "Federal Minister for Labour, Social Affairs and Consumer Protection".

Article 11
Amendment of the bridging aid law

The bridging aid law, BGBl. No 174/1963, as last amended by the Federal Law BGBl. I n ° 142/2004, is amended as follows:

1. In § 10 (1) and (2), the word order shall be "the Federal Minister for Economic Affairs and Labour" in each case by the word sequence "the Federal Minister of Labour, Social Affairs and Consumer Protection" replaced.

2. In Section 10 (3), the phrase "the Federal Minister for Economic Affairs and Labour" through the phrase "the Federal Minister of Labour, Social Affairs and Consumer Protection" and the phrase "The Federal Minister for Education, Science and Culture" through the phrase "the Federal Minister of Education, the Federal Minister for Education, the Arts and Culture" replaced.

Article 12
Amendment of the Federal Theatterpensionsgesetz

The Federal Theatre Pensions Act, BGBl. No 159/1958, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 3 (1) last sentence reads:

" The right to a pension shall be lost due to the loss of Austrian citizenship or the nationality of one of the provisions of Section 4 (1) (1) (1) (lit). b BDG 1979 registered country, if not the nationality of another of the § 4 para. 1 Z 1 lit. b BDG 1979 registered country or the Austrian citizenship. "

2. In § 18g para. 1 the quote shall be "§ 2b (1)" by quoting "§ 2b (1) and (2) Z 3" replaced.

3. § 20 (3) reads:

" (3) Sections 3 and 4 of the APG shall be applied with the following measures:


1.		§ 11 Z 1 APG is to be applied with the proviso that, instead of the contribution base sheet total referred to therein, the assessment basis for the pension contribution is to be determined up to the monthly maximum contribution basis in accordance with § 45 ASVG. The allocation of a basis of assessment for a calendar month depends on the period for which the cash benefit on which it is based is due.
2.		§ 11 Z 2 APG is to be applied with the proviso that the sum of contributions shall be recorded only for periods pursuant to § 8 paragraph 1 Z 2 lit. d, e and g ASVG. § 8 para. 1a Z 1 ASVG is not applicable. The contributions provided for in § 52 ASVG (§ 27e GSVG, § 24e BSVG) for these periods are retroactive as of 1. Jänner 2005-to be referred to the Federal Minister of Finance or the Federal Minister for Finance.
3.		§ 11 Z 3 APG is not applicable.
4.		The partial contributions corresponding to the contribution benefits of the Federal Theatre Staff are from 1. January 2005 in the pension account shall be increased in order to show a service contribution to the extent of the percentage of the contribution basis applicable for the respective period in the statutory pension insurance. "

(4) The following paragraph 35 is added to § 22:

" (35) § 20 (3) in the version of the Federal Law BGBl. I n ° 153/2009 shall enter into force 1. Jänner 2005 in Kraft. "

Article 13
Amendment of the Bundesbahn-Pension Act

The Federal Railways Pension Act, BGBl. No 86/2001, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 135/2009, shall be amended as follows:

1. § 1 (11) reads:

"(11) Under" Österreichische Bundesbahnen " (Austrian Federal Railways) in the sense of this law are those in § 52 paragraph 1 of the Federal Railways Act, BGBl. No 825/1992, listed companies and companies. '

2. § 3 para. 2 lit. a is:


" (a)			Loss of Austrian citizenship or the nationality of one of § 4 para. 1 Z 1 lit. b BDG 1979 registered country, if not the nationality of another of the § 4 para. 1 Z 1 lit. b BDG 1979 registered country or the Austrian citizenship is given, "

3. § 11 lit. a is:


" (a)			Loss of Austrian citizenship or the nationality of one of § 4 para. 1 Z 1 lit. b BDG 1979 registered country, if not the nationality of another of the § 4 para. 1 Z 1 lit. b BDG 1979 registered country or the Austrian citizenship is given, "

(4) The following paragraph 23 is added to § 62:

" (23) § 67 (3) in the version of the Federal Law BGBl. I n ° 153/2009 shall enter into force 1. Jänner 2005 in Kraft. "

5. In § 67 (2), § 68 (1) and (2) and § 69 (1), the term " "ÖBB Dienstleistungs GmbH" through the phrase "pursuant to § 52a of the German Federal Railways Act", or "institution" replaced.

6. § 67 (3) reads:

" (3) Sections 3 and 4 of the APG shall be applied with the following measures:


1.		§ 11 Z 1 APG is to be applied with the proviso that, instead of the contribution base sheet total referred to therein, the assessment basis for the pension contribution is to be determined up to the monthly maximum contribution basis in accordance with § 45 ASVG. The allocation of a basis of assessment for a calendar month depends on the period for which the cash benefit on which it is based is due.
2.		§ 11 Z 2 APG is to be applied with the proviso that the sum of contributions shall be recorded only for periods pursuant to § 8 paragraph 1 Z 2 lit. d, e and g ASVG. § 8 para. 1a Z 1 ASVG is not applicable. The contributions provided for in § 52 ASVG (§ 27e GSVG, § 24e BSVG) for these periods are retroactive as of 1. Jänner 2005-to be referred to the Federal Minister of Finance or the Federal Minister for Finance.
3.		§ 11 Z 3 APG is not applicable. "

Article 14
Amendment of the Landeslehrer-Dienstrechtsgesetz

The Landeslehrer-Dienstrechtsgesetz, BGBl. No 302/1984, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 4 (1) Z 1 lit. b is:


" (b)			in the case of other uses, Austrian citizenship, the nationality of a country whose nationals, under the terms of a national contract, grant Austria the same rights of access to the profession in the context of European integration , like Austrian citizens (nationals and nationals), or recognition as a refugee or a person with subsidiary protection status under Directive 2004 /83/EC on minimum standards for the recognition and status of of third-country nationals or stateless persons as refugees or as Persons who otherwise need international protection and the content of the protection to be granted, OJ L 327, 30.4.2004, p. No. L 304/2004 p. 12, "

1a. In accordance with § 29, the following § 29a and heading is inserted:

" Careful handling (prohibition of mobbing)

§ 29a. As a supervisor, national teachers have to meet their employees and as employees their superiors as well as with respect for each other and to ensure the proper functioning of the service. contribute. In dealing with their superiors, colleagues and employees, they have to refrain from behaviour or the creation of working conditions that violate their human dignity or are intended to do so, or otherwise. are discriminatory. "

2. In § 72, the previous paragraph 3 is given the name "(4)" and the following paragraph 3 shall be inserted:

" (3) The course of the periods referred to in paragraphs 1 and 1a shall also be inhibited in the cases of § 28 of the Federal Personnel Representation Act (PVG), Federal Law Gazette (BGBl). No 133/1967,


1.		for the period from the date of application of the Disciplinary Authority to the granting of consent until the decision by the competent body of the Staff Committee, and
2.		for the duration of proceedings before the Personnel Representation Supervisory Commission. "

2a. The table in Section 106 (2) (9) is replaced by the following:

The following paragraph 61 is added to section 123:

" (61) § 4 para. 1 Z 1 lit. b, § 29a and § 106 paragraph 2 Z 9 in the version of the Federal Law BGBl. I n ° 153/2009 will be 1. Jänner 2010 in force. "

Article 15
Amendment of the Landescontractual lehrergesetz 1966

The State Contract Teachers Act 1966, BGBl. No. 172/1966, as last amended by the Federal Act BGBl. I n ° 147/2008, shall be amended as follows:

1. The title is:

2. Service Law Amendment 2009

Original Language Title: 2. Dienstrechts-Novelle 2009

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