12. Federal Law, with which the Labour Market Service Act, the Labour Market Promotion Act, the Labour Market Policy Finance Act, the Unemployment Insurance Act 1977, the Operational Staff and Self-Employment Pension Act, the Land employment law in 1984 and the Employment Promotion Act (Employment Promotion Act 2009)

The National Council has decided:

Article 1

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. In the table of contents in the second part, third main item is the third section:

" Special rules on aid for employment protection

Section 37a State aid to the solidarity premium model

Section 37b Aid for short-time work

Section 37c Aid for short-time work with qualification "

2. The title of the third section is:

"Special rules on aid for employment protection"

3. The headline before § 37a reads:

"Aid to the Solidarity Premium Model"

4. According to § 37a, the following § § 37b and 37c shall be inserted together with the headings:

" Aid for short-time work

§ 37b. (1) Short-term aid may be granted to employers who, in order to avoid unemployment, carry out short-time work for workers, if:

1.		the operation is affected by the preliminary non-seasonal economic difficulties,
2.		The regional office of the Labour Market Service has been notified in good time and in a consultation between the Labour Market Service and the employer, which is considered by the Labour Market Service of the Works Council and the relevant collective agreements with employers and employees, no other way of solving existing employment problems has been found, and
3.		between the collective bargaining bodies of employers and employees eligible for the sector, irrespective of the existence of a works council, agreements on the performance of compensation during the period of Short-time work (short-term work support) and the closer conditions of short-time work, as well as the maintenance of the level of employment are taken.

(2) The agreement referred to in paragraph 1 Z 3 must be concluded for a certain period of time. The agreement must ensure, with regard to the level of employment, that, in the course of short-time work and in any further period agreed upon, the level of employment will be maintained after the end of the period of employment, unless the regional organisation of the labour market service grants an exception in special cases. Workers affected by the short-term work must be responsible for the working hours on the basis of the short-term aid -a short-term support at least equal to that part of the unemployment allowance, which corresponds to the reduction of the normal working hours. In the event of natural disasters or similar damage events affecting only individual undertakings, the conclusion of an agreement may be omitted.

(3) The short-term aid is intended to partially replace the additional expenses for short-term work assistance, as well as contributions to social security and occupational pension schemes. The aid is due to the amount of the pro rata expenditure incurred by the unemployment insurance scheme in the event of unemployment benefits for unemployment benefit plus contributions to sickness insurance and pension insurance. Flat rates can be fixed for the repayment of the pro rata expenses.

(4) The Management Board, on a proposal from the Board of Directors, has to lay down a Directive on the conditions for the granting of short-term aid in compliance with the relevant legal provisions. In particular, the Directive provides for minimum and maximum durations, as well as conditions for extending the granting of aid, minimum and maximum working time, persons, the amount of the aid, the obligation to work in accordance with the provisions of the Directive. 2, conditions to be determined by an agreement between the collective contract partners in the event of disasters as referred to in paragraph 2 and the relationship with other aid and support services. The duration of the aid shall not exceed six months. Extensions up to a total period of 18 months, in case of special circumstances beyond that, may be extended beyond the limits of the duration of the period of validity of the aid. The working time period shall not be less than 10% on average over the period for which the aid or its renewal has been granted, and not more than 90% of the period laid down by law or collective agreement, or, where: Part-time workers, the agreed normal working time. The directive requires the confirmation of the Federal Minister of Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister of Finance.

(5) The short-term employment support applies to the payroll tax as a taxable wage and to other charges and subsidies on the basis of federal legislation as remuneration. During the course of the short-term work support, the contributions and benefits of the social security system depend on the last contribution basis prior to the entry of the short-time work.

(6) A municipal tax does not have to be paid by the employer for short-term work assistance.

Aid for short-time work with qualification

§ 37c. (1) Qualification aid may be granted to employers who, in order to avoid unemployment, carry out training measures for workers in the context of short-time work, if:

1.		the operation is affected by the preliminary non-seasonal economic difficulties,
2.		The regional office of the Labour Market Service has been notified in good time and in a consultation between the Labour Market Service and the employer, which is considered by the Labour Market Service of the Works Council and the relevant collective agreements with employers and employees, agreement has been reached on the training concept, and
3.		between the collective bargaining bodies of employers and employees eligible for the sector, irrespective of the existence of a works council, agreements on the performance of compensation during the period of Qualification measures taking into account the use of qualification (qualification support) and the further development of the qualification measures as well as the maintenance of the employment level are taken.

(2) The agreement referred to in paragraph 1 Z 3 must be concluded for a certain period of time. The agreement must ensure, with regard to the level of employment, that during the qualification measures and in an additional agreed period after they have ceased to be employed, the employment status must be ensured. unless the regional organisation of the labour market service grants an exception in special cases. Workers affected by qualification measures must be responsible for the working hours because of the qualification aid provided for qualification support, at least in the amount of that part of the unemployment allowance, which corresponds to the reduction of the normal working hours, plus a repayment of the use by the qualification. In the event of natural disasters or similar damage events affecting only individual undertakings, the conclusion of an agreement may be omitted.

(3) Qualification measures must be meaningful in terms of labour market policy and must comply with generally accepted quality standards. The qualification measures therefore have to provide qualifications which increase the chances of the persons concerned to achieve sustainable employment and are carried out by suitable trainers or measures of measure.

(4) The qualification allowance serves to partially replace the additional expenses for qualification support as well as for contributions to social security and occupational employee benefits. The aid is due in the amount of the pro rata expenditure incurred by the unemployment insurance scheme in the case of unemployment benefit and training measures plus contributions to sickness insurance, pension insurance and the Accident insurance. Flat rates can be fixed for the repayment of the pro rata expenses.

(5) The granting of other aid at the same time, including, in particular, the promotion of other training measures for employees, shall be permitted provided that the Directive provides for this and meets the conditions required for that purpose in accordance with paragraph 6 of this Article .

(6) The Management Board, on a proposal from the Board of Directors, has to lay down a Directive on the conditions for granting qualification aid in compliance with the relevant legal provisions. In particular, the Directive provides for minimum and maximum durations, as well as conditions for extending the granting of aid, minimum and maximum working time, persons, the amount of the aid, the obligation to work in accordance with the provisions of the Directive. 2, minimum standards for training measures, conditions for a review of an agreement between the collective contract partners in the event of disasters in accordance with paragraph 2 and the relationship with other aid and assistance. The duration of the aid shall not exceed six months. Extensions up to a total period of 18 months, in case of special circumstances beyond that, may be extended beyond the limits of the duration of the period of validity of the aid. The working time period shall not be less than 10% on average over the period for which the aid or its renewal has been granted, and not more than 90% of the period laid down by law or collective agreement, or, where: Part-time workers, the agreed normal working time. The directive requires the confirmation of the Federal Minister of Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister of Finance.

(7) The qualification support is valid for the payroll tax as a taxable wage and for other charges and subsidies on the basis of federal legislation as remuneration. During the course of the qualification support, the contributions and the benefits of the social security system depend on the last contribution basis prior to the beginning of the qualification measure.

(8) A municipal tax does not have to be paid by the employer for the qualification support. "

(5) The following paragraph 22 is added to Article 78:

" (22) The table of contents, the headings and the § § 37b and 37c in the version of the Federal Law BGBl. I No 12/2009 will enter into force on 1 February 2009. Until the entry into force of the Directive according to § 37b, the following applies on the basis of § § 29 to 33 of the Labour Market Promotion Act, BGBl. No 31/1969, in the version of the Federal Law BGBl. I n ° 82/2008, adopted Directive. "

Article 2

Amendment of the Labour Market Promotion Act

The Labour Market Promotion Act, BGBl. No 31/1969, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. In § 1 (1) to (3) and § 4 (2) to (5), the term " "Federal Minister for Economic Affairs and Labour" in each case by the expression "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

2. In § 26 (4) and § 51a (3) the expression "Federal Minister for Economic Affairs and Labour" in each case by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

3. In § 27 (1), the appendent at the end of the lit. a replaced by a point and the lit. b is deleted.

4. In § 27a (3), § 34 (1), § 35a (3) and § 39 (1), the term " "Federal Minister for Labour and Social Affairs" in each case by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

5. § § 29 to 33 are deleted.

6. In § 34 the previous para. 2 is deleted and the previous paragraph 3 is referred to as paragraph 2.

7. In § 39 (1), the term " "the Federal Ministers for Finance" in each case by the expression "the Federal Minister of Finance", the expression "the Federal Minister for Finance" by the expression "the Federal Minister of Finance" and the expression "their" by the expression "its" replaced and the expression "and for economic affairs" in each case.

8. In § 40, the partial sentence shall be omitted in each case ", except in accordance with § 29," .

Section 53 (2) reads as follows:

" (2) With the enforcement of this Federal Law, unless otherwise specified in this Federal Act, with regard to Sections IV and VIII of the Federal Minister for Economic Affairs, Family and Youth and with regard to the other sections of the Federal Minister for Labour, Social Affairs and Consumer Protection. "

10. In § 53 (3), the term " "Federal Minister for Economic Affairs and Labour" by the expression "relevant Federal Ministers" replaced.

(11) The following paragraphs 19 and 20 are added to § 53:

" (19) § 27 para. 1, § 34 and § 40 in the version of the Federal Law BGBl. I n ° 12/2009 as well as the removal of § § 29 to 33 shall enter into force on 1 February 2009. These provisions shall, however, continue to be applied to short-time aid, as agreed before that date, in the version in force.

(20) § 1 para. 1 to 3, § 4 para. 2 to 5, § 26 para. 4, § 27a para. 3, § 34 para. 1, § 35a para. 3, § 39 para. 1, § 51a para. 3 and § 53 para. 2 and 3 in the version of the Federal Law BGBl. I n ° 12/2009 will enter into force on 1 February 2009. "

Article 3

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. In § 1 (2) (2) (2) the partial sentence shall be deleted ", according to the Employment Promotion Law (BeFG), BGBl. I No 114/2005, " .

2. In § 2 (8), after the expression "People who" the expression "subject to compulsory insurance and" inserted.

(3) In paragraph 6, paragraphs 2 and 4 are deleted; paragraph 3 shall be replaced by the sales designation "(2)" .

4. The following paragraphs 37 and 38 are added to § 10 AMPFG:

" (37) § 2 para. 8 and § 6 in the version of the Federal Law BGBl. I n ° 12/2009 are retroactive with 1. Jänner 2009 in force.

(38) § 1 para. 2 Z 2 in the version of the Federal Law BGBl. I n ° 12/2009 shall enter into force on 1 February 2009. '

Article 4

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 82/2008, shall be amended as follows:

1. § 18 (6) last sentence is deleted.

2. § 18 (7) to (9) reads:

" (7) Instead of a company, the institution may, within the meaning of paragraph 6, lit. a also be provided

1.		by a local authority or by another suitable legal entity, if a company is due to insolvency facts within the meaning of Section 1 (1) of the Insolvency Law for the Protection of Solvency, BGBl. No 324/1977, or is not in a position to do so for other serious reasons, or
2.		by the legal representation of employers in the context of economic difficulties in certain economic sectors.

(8) Prior to the fixing of the grant performance within the meaning of paragraph 6 lit. (e) the collective contractual entities under consideration shall be heard by the service providers and the service takers if the service provider is not already within the framework of the concept referred to in paragraph 6 lit. a has been agreed.

(9) The measure shall be recognised by communication, only the undertaking concerned or the entity, where it has legal personality, having a party position. The recognition of the measure may be subject to conditions which ensure compliance with the legal requirements. "

(3) The following paragraph 99 is added to § 79:

" (99) § 18 (6) to (9) in the version of the Federal Law BGBl. I n ° 12/2009 shall enter into force on 1 February 2009. '

Article 5

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. I n ° 100/2002, as last amended by the Federal Law, BGBl. I n ° 102/2007, is amended as follows:

1. In § 6 (4), the partial sentence shall be: " as well as the duration of a short-time work according to § 27 (1) lit. b of the Labour Market Promotion Act (AMFG), BGBl. No. 31/1969 " by the part-sentence " as well as the duration of a short-time work or a qualification measure according to § § 37b or 37c of the Labour Market Service Act (AMSG), BGBl. No. 313/1994 " replaced.

(2) The following paragraph 10 is added to § 73:

" (10) § 6 (4) in the version of the Federal Law BGBl. I n ° 12/2009 shall enter into force on 1 February 2009. On a short-time work agreed before the date of entry into force of this Federal Act, in accordance with § 27 (1) (lit). b of the Labour Market Promotion Act, BGBl. No 31/1969, § 6 para. 4 is to be found in the version before the Federal Act BGBl. I n ° 12/2009. "

Article 6

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. (Policy determination) In section 39j (4), the partial sentence shall be: " as well as the duration of a short-time work according to § 27 (1) lit. b of the Labour Market Promotion Act (AMFG), BGBl. No. 31/1969 " by the part-sentence " as well as the duration of a short-time work or a qualification measure according to § § 37b or 37c of the Labour Market Service Act (AMSG), BGBl. No. 313/1994 '.

2. (Policy determination) In Section 284 (2) (46), the point shall be replaced by a supplement and the following Z 47 shall be added:

" 47.		Labour Market Service Act (AMSG), BGBl. No. 313/1994, in the version of the Federal Law BGBl. I No 12/2009. '

3. ( Directly applicable federal law and principle ): § 285 shall be added to the following paragraphs 35 and 36:

" (35) (federal law directly applicable) The laws of execution of the Länder on § 39j (4) and § 284 (2), in the version of the Federal Law BGBl. I No 12/2009, shall be adopted within six months of the day following that of the event.

(36) (Policy determination) The implementing legislation has to provide for the short-time work already agreed in accordance with § 27 (1) (lit). b of the Labour Market Promotion Act (AMFG), BGBl. No 31/1969, § 39j (4), as amended before the amendment of the Federal Law Gazette (BGBl). I n ° 12/2009. '

Article 7

Amendment of the Employment Promotion Act

The Employment Promotion Act, BGBl. I No 114/2005, is hereby repealed.

Fischer

Faymann