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Amendment Of The 1993 Labour Inspection Act, Of The Labor Contract Law Adjustment Act, The General Social Security Act And The Federal Act On The Transport Labour Inspectorate

Original Language Title: Änderung des Arbeitsinspektionsgesetzes 1993, des Arbeitsvertragsrechts-Anpassungsgesetzes, des Allgemeinen Sozialversicherungsgesetzes und des Bundesgesetzes über die Verkehrs-Arbeitsinspektion

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150. Federal Law, with which the Labour Inspectorate Act 1993, the Labour Contract Law Adaptation Act, the General Social Security Act and the Federal Law on Transport-Labour Inspectorate are amended

The National Council has decided:

Article 1

Amendment of the Labour Inspectorate Act 1993

The Federal Act on the Labour Inspectorate (Labour Inspectorate Act 1993-ArbIG), BGBl. No. 27, as last amended by the Federal Law BGBl. I n ° 159/2001, shall be amended as follows:

1. In § 2 (2), the second sentence is deleted.

2. § 20 is added in accordance with paragraph 6 of the following paragraph 7:

" (7) In the context of the fulfilment of the tasks assigned to them by law, the labour inspectorates are entitled to inspect the path of automation supported by the Federal Ministry of Finance with regard to the control of illegal activities. Employee employment (KIAB), with the power to consult the following data on the posting of workers:

a.

Data of the posting company (company name and address, type of operation, name, date of birth and address of persons authorized to represent the company),

b.

Employee/domestic data (name, date of birth, social security number, social security institution, residence, remuneration, duration of employment, place of employment),

c.

Data for domestic clients (company name and address of the employee or general contractor in Austria) as well as

d.

Data of the authorized person (authorized to the posted worker/in). "

3. § 21 is added in accordance with paragraph 1 of the following paragraph 1a:

" (1a) The social insurance institutions and the main association of the Austrian social insurance institutions are obliged to provide the labour inspectorates with data relating to the periods of insurance in an automated way which is supported by the law of the Austrian social security institution. for the labour inspectorates, constitute an essential condition for carrying out their tasks assigned to them by law. "

4. In § § 12 (5), 13, 16 (1), 18 (4), 19 (1) and (22), the designation shall be: "Federal Minister for Labour and Social Affairs" by "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

5. In § 19 (1) and (2), the name shall be: "Federal Ministry of Labour and Social Affairs" by the name "Federal Ministry of Labour, Social Affairs and Consumer Protection" replaced.

6. In § 27 (2) and (3), the name shall be: "Federal Minister for Economic Affairs and Labour" by "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

7. § 25 is added in accordance with section 4 of the following paragraph 5:

" (5) § § 2 (2), 20 (7) and 21 (1a) in the version of the Federal Law BGBl. I n ° 150/2009 will be 1. Jänner 2010 in force. "

Article 2

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I n ° 135/2009, shall be amended as follows:

Section 7b (3) reads as follows:

" (3) Employers within the meaning of paragraph 1 shall have the employment of employees posted to Austria for the provision of a continued work performance at the latest one week before the start of the work of the Central Coordination Unit for the Control of illegal employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance and a copy of the notification to the authorized person referred to in paragraph 1 Z 4, if: only one worker is posted to be handed over to the worker. In the event of a disaster, in the case of unstoppable work and in the case of orders to be completed in the short term, the notification shall be reimbursed immediately prior to work. If the employer has not issued a copy of the notification to the officer or the employee prior to taking up work, the agent or the employee shall have a notification after the date of the 1. (4) to immediately reimburse the labour input of the sentence and (4). The Central Coordination Office for the Control of Illegal Employment in accordance with the Foreigners Employment Act and the Labour Contract Law Adaptation Act of the Federal Ministry of Finance has a copy of the notification to the competent authority. Medical insurance institutions (§ § 26 and 30 of the ASVG) to be transmitted electronically. The agent or employee referred to in paragraph 1 Z 4 shall be deemed to be an authorised representative within the meaning of Section 8a of the Delivery Act, BGBl. No 200/1982, irrespective of whether it has a main residence in Germany, in so far as a service of documents within the meaning of Section 1 (1) of the Delivery Act to employers within the meaning of the first subparagraph of Article 1 of the Delivery Act is 1. The Commission shall not be able to carry out national or national rates abroad or, in the absence of such agreements, with other Member States. '

2. The following Z 24 is added to Section 19 (1):

" 24.

Section 7b (3) in the version of the Federal Law BGBl. I No 150/2009 shall enter into force 1. Jänner 2010 in force. "

Article 3

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

The following paragraph 5 is added to Section 111:

"(5) The administrative surrender shall be deemed to have been committed in the sprinkling of the district administrative authority in which the seat of the establishment of the service provider is situated."

Article 4

Amendment of the Federal Act on Transport-Labour Inspectorate

The Federal Act on Transport-Labour Inspectorate (VAIG 1994), BGBl. N ° 650/1994, as last amended by the Federal Law BGBl. I n ° 79/2008 and the Federal Ministries of Finance 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. § 20 is added in accordance with section 8 of the following paragraph 9:

" (9) In the context of the performance of the legal tasks assigned to him, the traffic inspectorate is entitled to inspect the path of automation supported by the Federal Ministry of Finance regarding the control of illegal activities. Employee employment (KIAB), with the power to consult the following data on the posting of workers:

a.

Data of the posting company (company name and address, type of operation, name, date of birth and address of persons authorized to represent the company),

b.

Employees (name, date of birth, social security number, social security institution, residence, remuneration, activity carried out, duration of employment, place of employment),

c.

Data for domestic clients (company name and address of the employee or general contractor in Austria) as well as

d.

Data of the authorized person (authorized to the posted worker/in). "

2. § 26 is added in accordance with section 4 of the following paragraph 5:

" (5) § 20 (9) in the version of the Federal Law BGBl. I No 150/2009 shall enter into force 1. Jänner 2010 in force. "

Fischer

Faymann