74. Federal Act to amend the Home Labor Act 1960 and the Labour Constitution Act

The National Council has decided:

Article 1

Amendment of the Home Work Act

The Home Labor Act 1960, BGBl. No. 105/1961, as last amended by the Federal Law BGBl. I n ° 98/2001, and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:

1. § 2 reads:

" § 2. In the sense of this federal law,

1.		home workers, who, without any trader, are in accordance with the rules of the commercial order, in their own home or self-elected place of work on behalf of, and for the account of, persons assigned to work at home, with the manufacture, processing, the processing or packaging of goods,
2.		Contracting entities who manufacture, process, process or package goods by home workers, even if no profit or loss is intended or the goods are intended for consumption and/or consumption. Use by its own service provider. "

2. § 3 and § 4 together with the title shall be deleted.

3. § 5 together with the title is:

" Announcement when awarding homework

§ 5. (1) On the occasion of the initial allocation of home work, the contracting authority shall report to the work inspectorate responsible for the location of the client.

(2) The notification shall contain the following information on the contracting authority:

1.		Name,
2.		Type of operation,
3.		Address and telephone number,
4.		Professional organization to which the client belongs.

(3) The notification shall contain the following information on the home worker:

1.		Before and surname,
2.		Address,
3.		Type of employment: type of work item and type of processing, processing, manufacture or packaging; and
4.		Date of commencement of the employment relationship.

(4) The notification shall be reported within one week after the first assignment of home work.

(5) Up to 15 Each year, January shall be the Labour Inspectorate in whose supervisory district the contracting entity has its location, to submit a list of the employed home workers. Outside of this date, the list of employed homeworkers shall be submitted to the Labour Inspectorate upon request.

(6) Notifications pursuant to paragraphs 1 and 5 shall be exempt from stamp fees of the Federal Government. "

4. § 6 and § 7 together with the title shall be deleted.

5. § 8 together with headline reads:

" Announcement of working and delivery conditions

§ 8. (1) The adjudicating entity must immediately hand over to the home worker a written record of the respective applicable working and delivery conditions, in particular on the calculation of the remuneration, after the conclusion of the contract.

(2) The home employment law, any applicable home employment contract or home work tariff, as well as the pay directory shall be placed at the visible place in the holding for inspection by the home worker. If homework is regularly brought to the home or even the chosen place of work of the home worker, this is on the occasion of the first assignment of home work as well as at its request at any time an imprint of the Heimarbeitsgesetz, of a if necessary, to pass on the applicable home employment contract or home work rate as well as the pay-out directory.

(3) The list of charges shall include the item number or the name of the item of work, as well as the remuneration for each individual piece of work and the working time provided for this purpose. If this is not possible, a clear calculation basis for the remuneration shall be entered. Existing sample books are to be included. This does not apply in the production of new patterns which are to be elaborated as individual pieces. "

6. § 9 (1) first sentence reads:

"The fee is to be charged once in the calendar month and to be paid out."

7. In Section 10 (1), the word order shall be deleted "or an intermediate master (§ § 3 and 4)" .

8. § 10 (6) third sentence reads:

" The initial copy shall be kept for three years in the company of the contracting authority by home workers and by name, and at the request of the institutions of the work inspection, the competent health insurance institution and the competent legal and legal authorities. voluntary advocacy groups. "

9. § 11 deleted.

10. In § 14, paragraph 3 is deleted and the previous paragraph 4 receives the sales designation "(3)".

11. In § 15, the parenthesis shall be deleted "(intermediate master)".

12. § 17 (1) last sentence reads:

" In addition, the Federal Minister of Labour, Social Affairs and Consumer Protection can, after listening to the legal interests of employees and the employers, in agreement with the Federal Minister for Economic Affairs, Family and Youth for Branches of production in which the nature of the manufacture, processing, processing or packaging of goods endangers the life or health of those working with home workers, prohibits, by means of regulation, home-work or special Rules for the award of homework shall be adopted. "

13. The last sentence is deleted in Section 17 (3).

14. In § 18 (3) the word "Methodist Church" by the expression "Evangelical Methodist Church in Austria" replaced.

15. § 19 together with the title shall be deleted.

16. In § 20 (4) the parenthesis shall be deleted "(intermediate masters, central persons)".

17. § 24 together with the title shall be deleted.

18. In Section 26 (2), the phrase " § 3 (5) of the Operational Assistance Act, Federal Law Gazette (BGBl). No. 359/1982 through the phrase " § 102a (5) GSVG, BGBl. No. 560/1978 ' replaced.

19. § 27 (3) deleted.

20. The title of the IV. The main item is:

"Authorities and procedures"

21. The heading to Section 1 of the IV. The main item is:

"Tasks of the Federal Ministry of Labour and the Federal Minister for Labour, Social Affairs and Consumer Protection"

22. The title to § 28 is deleted.

23. § 28 reads:

" § 28. The tasks in the field of homework (§ 29) are from the Federal Ministry of Labour, Social Affairs and Consumer Protection (§ 141 Labour Constitution Act-ArbVG, BGBl). No. 22/1974, as amended) and by the Federal Minister for Labour, Social Affairs and Consumer Protection. "

24. § 29 reads:

" § 29. (1) The Federal Integration Office has the task of regulating the working and delivery conditions for homework. In carrying out this task, it shall in particular:

1.		to enact homework tariffs,
2.		, at the request of a court or administrative authority, to give opinions on the interpretation of a home employment contract,
3.		to carry out a cadastre of the home labour tariffs he has adopted.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection has to carry out the filing and presentation of the home employment contracts and to carry out a cadastre of the deposited home employment contracts.

(3) In order to carry out the tasks assigned to the Federal Integration Office, the following shall apply:

1.		Section 141 of the ArbVG, with the proviso that, as the group of employers, the employer also belongs to the employer and as belonging to the group of employees it also belongs to the home workers;
2.		§ § 142, 147, 148, 150 and 151 ArbVG;
3.		§ 149 ArbVG, with the proviso that there is also a right to view the home employment rate decided by the Federal Office for the Protection of the Federal Office of the Federal Republic of Germany and the contracts for the home employment contracts filed with the Federal Minister for Labour, Social Affairs and Consumer Protection. "

§ 30, § 31, § 32 and § 33, in each case together with the headings, are deleted.

26. § 34 (1) reads:

" (1) At the request of a collective contractual body of employees, the Federal Office for the Protection of the Federal Republic of Germany has to adopt home-work tariffs, by means of the conditions of work and delivery for home workers. A home-working tariff can only be issued if the conditions of work and delivery to be determined in the home labour tariff are not already covered by a home employment contract for the persons to be covered by the home-working tariff. "

27. § 34 (3) reads:

"(3) The home work tariff is to be made available in the Federal Law Gazetre II."

Section 34 (4) reads as follows:

" (4) According to a copy of the home work tariff, the Federal Office for the Protection of the Environment, the Federal Minister for Labour, Social Affairs and Consumer Protection, the labour inspectorates responsible for the local area of work of the home labour market, and the relevant to submit future representations of interests of employees and employers. A copy is to be incorporated into the cadastre of the home labor tariffs by the Federal Office of the Federal Integration Office. "

29. § 35 (1) reads:

"(1) The home work tariff shall enter into force at the day following the presentation in the Federal Law Gazans II, unless otherwise determined in the home work tariff of the beginning of the effective date."

30. § 36 reads:

" § 36. The provisions of § § 34 and 35 shall also apply to the amendment or cancellation of a home work rate. "

31. § 37, § 38, § 39, § 40, § 41 and § 42, in each case together with the headings and the section names "Section 3" , "Section 4" , "Section 5" and the section headings relating to Section 4 and Section 5 are deleted.

32. § 43 (1) first sentence reads:

"By means of home employment contracts, the work and delivery conditions of the home workers relating to home work and the legal relationships between the contracting parties to the home employment contract can be regulated."

Section 43 (2) reads as follows:

"(2) On the conclusion of home employment contracts, collective agreements with employers on the one hand and employees on the other hand are empowered to conclude contracts."

34. § 43 (4) last sentence is deleted.

35. § 44 (1) reads:

" (1) The contract for the whole of the home employment contract shall, unless otherwise specified, extend within the geographical, professional and personal scope of the contract to the contracting entities and home workers who are at the time of the conclusion of the contract. Home employment contract members of a corporation involved in the home employment contract were or will later become members (members of the contract). "

36. In § 44 (2) the word order is deleted "an intermediate master or a middle person," .

37. In § 45 (3) the parenthesis shall be deleted "(intermediate master, middle person)"

38. In § 45, paragraph 4 is deleted and the previous paragraph 5 receives the sales designation "(4)".

39. § 46 and title shall read:

" Deposit and presentation of the home employment contracts

§ 46. (1) Each home employment contract shall, within 14 days of its conclusion, be the representative representation of the home workers in two equal copies duly drawn by the contracting parties. to be deposited with the Federal Minister for Labour, Social Affairs and Consumer Protection. The representation of the interests of the contracting entities involved in a home employment contract is also entitled to deposit the contracts concluded with the Federal Minister for Labour, Social Affairs and Consumer Protection on the basis of the contracts for the home employment contracts concluded by the contracting authority.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection has to return to the depositor a copy of the contract for the general contract he has deposited with the confirmation of the deposit carried out; a copy of the contract shall be issued by the Federal Minister for Labour, Social Affairs and Consumer Protection. Federal Minister for Labour, Social Affairs and Consumer Protection to incorporate a cadastre of the home employment contracts.

(3) The Federal Minister for Labour, Social Affairs and Consumer Protection has the conclusion of a contract for the home employment contract which he has deposited in the "Official Journal of the Vienna Newspaper" by means of a call in the "Official Journal". The customer shall be held within one week of the submission of the contract for the home employment contract. The costs of the customer's agreement shall be borne equally by the contracting parties. "

40. § 47 reads:

" § 47. The depositors of a home employment contract shall each have to submit a copy of the home employment contract:

1.		the Federal Statistical Office of Statistics Austria,
2.		the labour inspectorates responsible for the local area of activity of the home employment contract,
3.		the statutory representations of interests of the contracting entities and of the home workers, which are to be considered in accordance with the scope of the home employment contract, provided that these are not parties to the contract themselves. "

41. In § 49, para. 2, the expression "the competent home employment commission" by the expression "the Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

42. In § 49 (5) the expression "The Home Work Commission" by the expression "The Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

43. In § 49 (6) the expression "the Home Work Commission" by the expression "the Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

44. § 51 with headline:

" Information on charges

§ 51. Contracting authorities and homeworkers are obliged to provide information on all questions concerning working conditions and delivery conditions to the labour inspectorates, at the request in issue and accounting records and other questions for the payment of the remuneration. provide the necessary documentation and, if necessary, submit them as well as work pieces and material samples. "

45. In § 52 (3), the parenthesis shall be deleted. "(intermediate master, middle person)" .

46. § 53 deleted.

47. In § 54, paragraph 3, the expression " Labour Inspectorate Act 1974, BGBl. No. 143 " by the expression " Labour Inspectorate Act 1993, BGBl. Nr. 27 " replaced.

48. In § 54, paragraph 4, the parenthesis shall be deleted. "(the middmaster, the middle person)".

§ 55, § 56, § 58a, § 59, § 60, § 61 and § 63, in each case, together with headings, are not required.

Section 73, together with the headline:

" Enforcement

§ 73. With the enforcement of this federal law, the Federal Minister of Finance is responsible for the remaining provisions of the Federal Minister of Labour, Social Affairs and Consumer Protection in respect of Section 5 (6) of the Federal Minister of Finance. "

§ 74 (3) in the version of the Federal Law BGBl. I n ° 98/2001 shall be replaced by the sales designation "(4)" .

52. In accordance with § 74 (4), the following paragraphs 5 and 6 are added:

" (5) § § 2, 5, 8, 9 (1), 10 (1) and (6), 14, 15, 17 (1) and (3), 18 (3), 20 (4), 20 (4), 26 (2), the transcripts of the IV. Main item and section 1 of the IV. Main piece, § § 28, 29, para. 1, 3 and 4, 35 para. 1, 36, 43 para. 1, 2 and 4, 44 para. 1 and 2, 45, 46, 47, 49 para. 2, 5 and 6, 51, 52 para. 3, 54 para. 3 and 4 as well as 73 in the version of the Federal Law BGBl. I No 74/2009 will enter into force on 1 August 2009. § § 3, 4, 6, 7, 11, 19, 24, 27 para. 3, 30, 31, 32, 33, 37, 38, 39, 40, 41, 42, 53, 55, 56, 58a, 59, 60, 61, 63 and 73 in the version of the Federal Law BGBl. I No 74/2009 will expire at the end of 31 July 2009.

(6) On 31 July 2009 pending procedures for the release of a home work tariff are to be continued by the Federal Office of Unification, on 31 July 2009 pending procedures for the deposit of a home employment contract are from the Federal Minister for Labour, Social Affairs and Continue consumer protection. The cadastre of the home employment rate and the home employment contracts are at the end of July 31, 2009, respectively, the Federal Office of Unification and the Federal Republic of Germany. To the Federal Minister for Labour, Social Affairs and Consumer Protection. "

Article 2

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I No 77/2007, is amended as follows:

1. § 21 (1) reads:

" (1) The declaration of a collective agreement to the statutes is to be made known in the Federal Law Gazprom II. The Articles of Association shall be incorporated into a cadastre. "

2. § 27 (2) reads:

" (2) The determination of the apprentice compensation is to be made available in the Federal Law Gazans II. The fixing of the apprentice compensation is to be incorporated into a cadastre. "

(3) The following paragraph 20 is added to § 264:

" (20) § § 21 (1) and (27) (2) in the version of the Federal Law BGBl. I No 74/2009 will enter into force on 1 August 2009. "

Fischer

Faymann