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Change Of Bauarbeiter Urlaubs - And Clearance Act, The Workforce Transfer Law And Of The Insolvency Payment Assurance Act

Original Language Title: Änderung des Bauarbeiter-Urlaubs- und Abfertigungsgesetzes, des Arbeitskräfteüberlassungsgesetzes und des Insolvenz-Entgeltsicherungsgesetzes

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70. Federal Act to amend the Construction Workers ' Holiday and Abortion Act, the Labour force transfer law and the Insolvency Law on the Protection of Remuneration.

The National Council has decided:

Article 1

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I n ° 35/2007, and the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. In accordance with § 4, the following § 4a is inserted:

" § 4a. (1) By way of derogation from Article 4 (1), the employee acquires for periods of employment which, at the time of its assertion to the holiday and terminal office, or other determination by the holiday and terminal office, shall be longer than eight full In the case of surcharges, only in so far as the employer is entitled to pay the surcharges which are due in return for the purpose of the allowance. The expiry of the period of validity will not be inhibited by a period of waiting weeks, for which no surcharges are paid.

(2) By way of derogation from Article 4 (2), the employee acquires for periods of employment which are longer than eight full periods of time at the time of their assertion to the holiday and terminal office or other determination by the holiday and terminal box office. In the event of a return period, only in so far as the employer is entitled to receive the surcharges for which it is to be paid.

(3) The loss of claims under (1) and (2) does not occur if the worker proves that he/she is not responsible for taking account of the reasons for which he/she is not responsible for the timely assertion of periods of employment in relation to the holidays. and the terminal was prevented from going to the terminal. A reason worthy of consideration shall not be taken into account if the loss of claims under para. 1 and 2 is caused by the fact that the employee fails to inform himself of the existence of claims and their assertion. "

2. In § 5, the lit. h and in lit. g is replaced by a point.

The first sentence of Article 8 (1) reads as follows:

" The employee is entitled to a holiday pay when the holiday takes place (holiday allowance plus holiday grant), which is the acquired rights acquired during the period of validity (§ § 4 para. 2 in conjunction with 4a para. 2) and the duration of the holiday (§ § 4 para. 1 in German) Connection with 4a para. 1). "

4. § 8 (8) reads:

" (8) The holiday and terminal can pay the holiday pay directly to the employee if the employer has not fulfilled the provisions laid down in paragraphs 5 and 7 above, with the payment of random surcharges for more than two years. Surcharge periods in arrears or no special account for holiday fees (par. 3). In so doing, the holiday and transfer box has to pay the employee the net holiday charge and the payroll tax paid on the holiday fee to the tax office responsible for the holiday and terminal box office as well as the service contributions and the contributions to the statutory social security insurance and other contributions to be made by the sickness insurance institution for other entities to be deducted from the territorial health insurance fund responsible for the employment relationship. However, as far as the contributions to the service of statutory social insurance and other contributions to be made by the employer are concerned, the amount of the removal is only to the extent that the amount of the lump sum according to § 26 is not exceeded. In addition, the employer has to pay off the fee-dependent statutory charges and contributions paid to the holiday pay. "

5. The following sentence shall be added to section 13c (1):

" Periods of employment which, at the time when they are asserted in relation to the payment of leave and deferment or other determination by the holiday and drop-off terminal, are longer than eight full periods of award are only to be found in , if the employer is to pay the surcharges on the wage. Section 4a (3) shall apply mutatily. "

6. At the end of § 13j (1) Z 4, the point shall be replaced by a stroke. The following Z 5 is added to Z 4:

" 5.

Weeks of repayment (Z 3 or 4), which, at the time when they are asserted against the holiday and terminal payment or other determination by the holiday and terminal office, are longer than eight full award periods, are only shall be taken into account in so far as the employer is responsible for paying the appropriate surcharges for the wage. Section 4a (3) shall apply mutatily. "

7. In Section 13k (2), the word sequence shall be deleted " except for periods of troop drills (§ 5 lit. (h) ".

8. § 14 (4) second sentence reads:

" Only Austrian nationals or nationals of States which are parties to the EEA Agreement or nationals of the Swiss Confederation, who are parties to the Agreement, may be sent to the European Union. In 1990-GSchG, BGBl, are not entitled to the law and are not entitled to the law of the jury and the Schöffengesetz 1990-GSchG. No 256/1990, as amended, are excluded from the office of jurors or spoons for a criminal conviction. "

9. In § 21, the expression " Employee Pension Fund " in each case by the expression "Occupational Pension Fund" in the grammatical correct form, the phrase "Occupational Pension Act-BMVG" by the phrase "Occupational employee and self-employment pensions law-BMSVG" and the expression "BMVG" in each case by the expression "BMSVG" replaced.

10. In Section 21a (2), the word sequence shall be deleted " and the troop exercises (§ 5 lit. h) " .

11. § 21a (5) reads:

" (5) If the employee was employed in a legal week in the chord or performance wage (Section 96 (1) (4) of the Labour Constitution Act), the calculation of the allowance for the subject area of the holiday scheme shall be calculated, provided that the collective agreement is not intended to be based on the provision of the provision in paragraph 3. The last sentence of paragraph 2 shall apply. "

12. The previous § 23 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The right of access to the holiday and terminal box as referred to in paragraph 1 shall also include the inspection of the business records and those records which make payments from the employment relationship to the employee subject to the following conditions, to the extent that such documents and Records shall be relevant for the determination of the obligation to surcharge and the calculation of the award of surcharge. "

13. In accordance with § 23, the following section 23a and title shall be inserted:

" Construction Site Control

§ 23a. (1) The staff of the holiday and terminal office shall be entitled to enter the construction sites as well as the living rooms of the employees in order to carry out their duties.

(2) In the event of entering the construction site, the staff of the holiday and terminal box office shall have the employer, in those cases in which the employer can provide work to a contracting authority, including the employer, or their authorised representative, by their employer. Presence to be agreed, thereby not to unnecessarily delay the start of the construction site control. On request, the staff of the holiday and terminal box office shall be issued with a service pass. The employer, the adjudicating entity or its authorised representative shall be free to accompany the staff of the holiday and terminal box office during the inspection of the construction site; shall, at the request of the staff of the holiday and despatching terminal, be the employer, its adjudicating entity or its authorised representative thereof. The control of the construction site must be carried out without any disturbance of the operating sequence.

3. The staff of the holiday and terminal office shall be entitled to obtain the information necessary for the performance of their tasks from any person present at the construction site who is engaged in work on the construction sites. The employees are obliged to show their identity or other documents in order to determine their identity at the request of the staff of the holiday and terminal box office. The employer or his authorised representative shall be obliged to provide the staff of the holiday and terminal office with the information necessary for the performance of their duties and to provide them with the necessary documentation. The information and documents required shall be information on the employees subject to the BUAG, their employment relationships, the nature of the employment and any other information which the application of the BUAG shall determine to the employment relationship. . The employer shall ensure that, in his absence from the construction site, a person present there shall provide the staff of the holiday and terminal box office with the necessary information and access to the documents required for that purpose. is granted. "

14. § 25 (1) reads:

" (1) On the basis of his report or on the basis of the calculation in accordance with Article 22 (5), the holiday and terminal box shall provide the employer with the amount to be paid as the sum of the surcharges for the employees employed during the award period. is. This amount is 15. of the second month following the award period. If, for reasons other than the employer, the pre-enrolments are made later than one month after the end of the award period, the amount of the surcharges payable on that period shall not be due until two weeks after the date of the pre-writing. If, on the basis of a breach of the employer's reporting obligation, the pre-enrolments are made later than one month after the end of the award period, the amount of the surcharges incurred during that period shall be due immediately. "

15. According to Article 25 (1), the following paragraph 1a is inserted:

" (1a) If the employer fails to notify the employer, a flat-rate replacement may be required in order to retaliate the administrative costs arising from the breach of the obligation to notify the employer. The flat-rate replacement shall be 800 euro for each test use and 500 euro for each worker affected by the breach of the reporting obligation. The holiday and payment terminal may, for reasons worthy of consideration, reduce or cancel the flat-rate replacement. "

16. In § 25 para. 2, first sentence, after the quote " 1 " the citation "and paragraph 1a" inserted.

17. § 25 (3) reads:

" (3) if the employer does not perform this request, or only partially results, the leave and deferment fund for the collection of amounts not paid in due time shall be issued with a residue certificate. This card shall have the name and address of the debtor, the amount retained, the nature of the residue, together with the additional fees and the flat rate, the period of the award for which the backward surcharges are made, and, where applicable, the required amount. Interest on late payment. If the employer has not complied with his obligation to pay interest in accordance with Section 8 (6) at the time of the completion of the proof-of-residue payment, the interest can also be included in the document. On the card, the holiday and terminal office must note that the document is not subject to an enforceability of the law in question. The residue certificate is an outline in the sense of § 1 of the Executive Order. "

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

" Bank Accounts

§ 29a. The employee has to disclose a bank account to the holiday and terminal box office, to make payments to the holiday and payment terminal for the satisfaction of the employee's claims against the holiday and the terminal. "

19. The following paragraphs 3 and 4 are added to section 31 (2):

" (3) In the course of the performance of the tasks assigned to it, the construction workers ' holiday and payment terminal shall be entitled, for the purpose of the provision of services, the determination of the obligation to surcharge and to the transfer of surcharges, to Auto-assisted way to view in

1.

the IESG query program run by IEF-Service GmbH, with the power to view the following data: company name, company book number, business number, court decision date and insolvency type of insolvent operation, name and Social security number of applicants, period of employment, exit reason, date of award of recognition, type of exposure, period, total amount of receivables as well as a breakdown of the number of parts of the application, qualification of the receivables and willingly requested amount of exposure;

2.

the database maintained by the Federal Ministry of Finance as regards the data on the control of illegal workers ' employment (KIAB) collected in the context of controls or the management of the central administrative criminal system, with the power to: The following data are included: operating data (company name and address, company number, service account number, name, date of birth and address of authorised persons), employee data (name, date of birth, social security number, social insurance institution, residence, occupation, Employment, employment, employment), data of domestic clients (company name and address of the employee or general contractor in Austria) as well as data of the person responsible (name).

(4) The financial and tax authorities are entitled, for the purposes of the surveys referred to in Article III of the Social Security Act and under Section 7b of the AVRAG, to enter into the employees 'and company information of the construction workers' holiday and the terminal for the purposes of inspection. , taking into account the following data: operating data (company name and address, company book number) as well as the data on employment relationships employed by a company (name, date of birth, social security number, the work carried out, the level of remuneration, the duration of employment, the place of employment), Removal of the surcharges according to the Construction Workers ' Holiday and Departure Act. "

20. § 32 is together with the headline:

" Penal Provisions

§ 32. (1) Who

1.

As an employer, the obligation to notify the holiday and the terminal in accordance with Article 22 does not or does not comply with the obligation in time or does not knowingly provide untrue information,

2.

As an employer, the obligation to grant access to the wage records and other documents referred to in § 23 above does not comply with the obligations referred to in Article 23 of this Directive, as compared to the holiday and terminal box office,

3.

as an employer or as an authorised representative referred to in Article 23a (3), the information required pursuant to Article 23a of this Regulation, or obligations to grant access to the required documents with regard to the holiday and terminal box office, not , or knowingly, does not provide any information,

4.

as an employer or as an agent referred to in section 33g (1) (3), the reporting obligation referred to in § 33g does not comply with the reporting obligations or does not knowingly provide untrue information in good time,

5.

as an employer or as a representative within the meaning of section 25a (7) of the obligation to discharge the surcharges pursuant to § 21a, which is to be attributed to him,

provided that the act does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender, and is a fine of 500 euro to 2 000 euro by the district administrative authority, in the To punish repeat cases of EUR 2 000 to 3 500 euro.

(2) Administrative transgressions as referred to in paragraph 1 shall also be punishable if they have not been committed in the domestic territory. In this case, they shall be deemed to have been committed in that place where they are established.

(3) Contrary to the obligations of paragraph 1 (1), (1), (2) and (4), they must be punished separately as an administrative surrender in respect of each of the employees concerned.

(4) The holiday and terminal box office shall take a party position in the administrative criminal proceedings. "

21. The title of section VIa is "Occupational Pension Fund" .

22. In § § 33a, 33c and 40 (3) and 4 (4), the word order shall be "Occupational employee pensions act-BMVG" in each case by means of the phrase "Operating staff and self-employment pensions act-BMSVG", the expression "BMVG" in each case by the expression "BMSVG" and the expression "Employee Pension Fund" in each case by the expression " Occupational Pension Fund " in the correct grammatical form replaced.

23. § 33b together with headline reads:

" Establishment of an operating pension fund

§ 33b. (1) The holiday and terminal box office is entitled and obligated to establish and operate an operating pension fund in accordance with the provisions of the BMSVG, which is the sole property of the holiday and terminal box office.

(2) The initial capital according to § 3 (7) of the Banking Act, BGBl. No 532/1993, is to be financed from the scope of the arrangements for the handling of goods. This shall also apply to the own resources required at any time in accordance with Article 20 (1) BMSVG. In addition, the scope of the handling arrangements can be used to finance the equity capital to the extent of EUR 3 million.

(3) § 5 (1) Z 13 Banking Act, BGBl. No 532/1993, is subject to the proviso that business managers may also be those who carry out a principal occupation in the holiday and a terminal or, without prejudice to another main occupation, a function in an administrative body of the holiday and The terminal has a terminal. "

24. § 33d and headline reads:

" Scope

(1) The provisions of this section shall apply to the employment of employees within the meaning of Section I, without an ordinary place of work in Austria, by an employer.

1.

on the continuing work performance or

2.

in the framework of a labour force transfer

to be sent to Austria.

(2) The posting within the meaning of this Act also applies to the employment of employees within the meaning of section I with the usual place of work in Austria, if the employment in the context of an employment relationship with an employer with a seat outside of Austria. "

25. In § 33f (3), the following sentence shall be inserted after the second sentence:

"In doing so, the employer is obliged to transmit the information necessary for the correct settlement of the holiday fee to the holiday and deskeming payment."

26. In § 33g para. 1 Z 5, after the word "Social Security Numbers" the phrase "and responsible social insurance institutions" inserted.

27. § 33h para. 1 reads:

" (1) § § 21a, 22 (4) to 5, 23, 23a, 25 (1) and (2) and § 27 (1) and (2) shall apply in respect of the payment of the surcharges, with the proviso that the shorter period of time laid down by law or by means of collective redress standards shall be defined as the normal working time of the contract. The normal working time within the meaning of § 21a (4) shall apply to the normal working time to be applied in accordance with the employment contract statute. "

28. The following paragraph 9 is added to § 40:

" (9) § § 5, 13k paragraphs 2, 14 para. 4, 21, 21a para. 2 and 5, 23, 23a, 25 para. 1a, 2 and 3, 31 para. 3 and 32, the amendment of the title of section VIa, as well as § § 33a, 33b, 33c, 33d, 33f para. 3, 33g para. 1 Z 5, 33h para. 1 and 40 para. 3 and 4 in the version of the Federal Law BGBl. I No 70/2009 will enter into force on 1 August 2009. § § 29a and 31 (4) in the version of the Federal Law BGBl. I n ° 70/2009 is 1. Jänner 2010 in force. § 8 (8) in the version of the Federal Law BGBl. I n ° 70/2009 will enter into force on 1 April 2010. § 4a, 8 (1), 13c (1) and § 13j (1) (4) and (Z) (5) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 70/2009 is 1. October 2010, in force. Section 25 (1) in the version of the Federal Law BGBl. I n ° 70/2009 shall enter into force 1. Jänner 2011 in force. "

Article 2

Amendment of the Labour Force Act on Labour Force

The Labour Force Transfer Act-AÜG, BGBl. No. 196/1988, as last amended by the Federal Law BGBl. I n ° 82/2008, and the Federal Ministries Law-Novelle 2009, BGBl. I No 3, shall be amended as follows:

1. In § 14 (1), after the word "Social Security" the phrase "as well as for the wage increases according to the BUAG" inserted.

(2) The following paragraph 12 is added to § 23:

" (12) § 14 para. 1 in the version of the Federal Law BGBl. I n ° 70/2009 will enter into force on 1 August 2009. "

Article 3

Amendment of the IESG

The Bankruptcy-Remuneration Assurance Act, BGBl. No. 324/1977, as last amended by the Federal Law BGBl. I No 82/2008, and the Federal Ministries Act of 2009, BGBl. I No 3, is amended as follows:

1. § 13b (1) first sentence reads:

" Allowances to be provided by the employer to the BUAG shall be paid to the insolvency payment fund of the construction workers ' holiday and terminal office, insofar as these funds are not exceeding two years before the opening of the bankruptcy or an equivalent decision pursuant to section 1 (1) of this regulation. (§ § 4a and 8 as well as § § 13c (1) and 13j (1) (1) (5) of the BUAG) apply to employees who are not entitled to the construction workers ' holiday and terminal. "

2. In accordance with § 22, the following § 23 shall be added together with the heading:

" Entry into force and transitional provisions on the Novelle BGBl. I No 70/2009

§ 23. Section 13b (1) in the version of the Federal Law BGBl. I n ° 70/2009 shall enter into force 1. October 2010, in force. "

Fischer

Faymann