78. Federal Law, which changes the Vocational Training Act

The National Council has decided:

The Vocational Training Act-BAG, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I No 129/2013, shall be amended as follows:

1. In accordance with § 1, the following § 1a and title shall be inserted:

" Objectives of vocational training-Quality management

§ 1a. (1) The vocational training courses laid down under this Federal Act are intended to prepare for qualified professional activities and to provide the necessary skills (knowledge, skills and key qualifications). Graduates and graduates of a vocational training according to this federal law are to be qualified in particular for the assumption of responsibility and self-employment in work and learning situations (professional competence in accordance with § 21 (1)). In addition, vocational training should contribute to the competitiveness of companies. In this context, it is particularly important to work on the timeliness and labour market relevance of the occupational profiles of the individual teaching professions.

(2) In order to promote the attractiveness of vocational training, the measures taken in the context of the enforcement of this federal law are due to the permeability between the various educational pathways and the international dimension of vocational training. .

(3) In order to support the achievement of the objectives of vocational training referred to in paragraph 1 and paragraph 2, the Federal Minister for Science, Research and the Economy shall coordinate and promote the cooperation between the matters of the Vocational training authorities and institutions involved in the preparation of strategies and the conception of measures for quality assurance and quality development in vocational training.

(4) In order to test innovative developments in connection with dual training, the Federal Minister for Science, Research and the Economy can approve model projects. "

2. In § 2 para. 2 lit. a becomes the quote "50/1974" by "194/1994" replaced.

3. According to Article 2 (6), the following paragraph 6a is inserted:

" (6a) If there are well-founded indications that in a teaching establishment the conditions of training in accordance with paragraph 6 are no longer available in whole or in part, the Land-Vocational Training Advisory Council may, within the framework of its tasks, be responsible for quality assurance and Quality management in company training at the apprentice body to apply for an examination of the further existence of the conditions. If it is found in the course of the review that the training requirements are no longer or only more restricted, a decision must be issued on the result. Prior to the release of this decision, the Board shall be notified of any other nullity (Section 68 (4) (4) of the AVG) and the opportunity to submit a written opinion within a period of three months. Weeks. On a reasoned request, the apprentice body shall have to extend this period appropriately. The chamber for manual workers and employees shall be provided with a copy of the date of the decision. If the decision is contrary to the opinion delivered in due time, it is against the communication the right of the appeal pursuant to Art. 130 B-VG and against the recognition of the administrative court the revision pursuant to Art. 133 B-VG because of the decision Unlawfulness. The apprentice body shall forward a further copy of its decision to the authority responsible for the performance of the protection of workers. "

(4) The following paragraph 4 is added to § 2a:

" (4) The provisions of para. 1 and 2 may be dismissed within the framework of model projects in which several companies are merging for the purpose of training. Such projects can be proposed by the quality committee according to § 31d paragraph 1 Z 2 and require a scientific monitoring and corresponding quality assurance. In doing so, a teacher is to be determined with all rights and obligations. "

5. In § 3a (3), second sentence, the parenthesis shall be " (§ 68 para. 4 lit. d AVG 1950) " by the parenthesis expression "(Section 68 (4) (4) of the AVG)" replaced.

(6) The following paragraph 4 is added to § 3a:

"(4) A determination procedure in accordance with paragraph 3 shall also be carried out if a teaching company intends to train an apprentier and has passed since the beginning of the teaching relationship of the last apprenticeship contract in accordance with § 20 paragraph 2 more than ten years."

7. § 4 (2) reads:

" (2) Teachers who are subject to an investigation procedure in accordance with the Code of Criminal Procedure in 1975 (StPO), BGBl, for one of the offences listed in paragraph 1 above. No. 631/1975, in the version of the Federal Law BGBl. I n ° 34/2015, no apprentices are allowed to take up apprentices. "

8. In § 4 para. 4, the sentence is given to the parenthesis "(professional representation, chamber of the commercial economy-trade section)" by the parenthesis expression "(professional representation, chamber of the commercial economy)" replaced.

9. § 4 para. 4 lit. a is:

" (a)			if an investigative procedure under the Code of Criminal Procedure in 1975 (StPO), BGBl. is against the lecturer or the trainer for one of the offences listed in paragraph 1 above. No. 631/1975, in the version of the Federal Law BGBl. I n ° 34/2015, provided that this circumstance is a disadvantage for apprentices, "

10. § 4 para. 4 lit. d is:

" (d)			if the teacher or the instructing person grossly violates the obligations towards his apprentice, in particular where one of these persons is to blame for the non-corresponding result of a final examination of the law, agreements relating to a Education in the context of a training association does not comply with or these persons or the persons responsible for criminal proceedings have been punished repeatedly in accordance with Section 32 (1) and have nevertheless failed to comply with these obligations. In particular, the assessment shall also be based on whether, on the basis of a breach of duty imposed in the past, the setting of a comparable or any other conduct recorded by this Litera in the future shall continue to apply in the same way. teaching operation cannot be ruled out; or "

11. § 4 (5) second sentence reads:

" Is an investigation procedure according to the Criminal Procedure Code 1975 (StPO), BGBl. No. 631/1975, in the version of the Federal Law BGBl. I No 34/2015, the reason for the measure, is to say that the prohibition ends with the cessation of the criminal proceedings, the resignation of the persecution (Diversion) or the final acquittals. "

12. In § 4 (6), first sentence, the parenthesis shall be " (§ 68 para. 4 lit. d AVG) " by the parenthesis expression "(Section 68 (4) (4) of the AVG)" replaced.

Section 4 (9) reads as follows:

" (9) The Public Prosecutor's Office has initiated an investigation procedure under the Criminal Procedure Code 1975 (StPO), BGBl. No. 631/1975, in the version of the Federal Law BGBl. I n ° 34/2015, against a lecturer for one of the criminal acts referred to in paragraph 1 above, the district administrative authorities, the labour inspectorates and the apprentice bodies, and the initiation of such a preliminary investigation to inform the district administrative authorities and the labour inspectorates; furthermore, the courts have the labour inspectorates and the apprentice offices of the final conviction of a person entitled to a teacher on the basis of one of the persons in paragraph 1 referred to as criminal offences and by the district administrative authorities and the Labour Inspectorate to agree to such a conviction of an exporator. "

14. The following paragraph 17 is added to § 8:

"(17) In the training regulations for a teaching profession, in particular in the case of overlapping of essential parts of the profession, simultaneous training in a certain other teaching profession (double doctrine) can be excluded."

15. The title to § 8b is deleted.

16. In Section 8b (3), the word order shall be deleted "in an integrative vocational training" .

17. In Section 8b (4), the phrase shall be the following in the introduction sentence "in an integrative vocational training" through the phrase "pursuant to para. 1 or 2" replaced.

18. § 8b (4) Z 2 reads:

" 2.		Persons without the completion of the Hauptschule or the New Middle School or with negative completion of one of these schools, or "

19. § 8b (4) Z 4 reads:

" 4.		Persons who, on the basis of the outcome of an advisory, assistance or guidance measure commissioned by the Labour Market Service or the Ministry of Social Affairs, have to be adopted for the purposes of providing them exclusively in the person Reasons established by a professional assessment according to a four-eye principle to be specified in the corresponding guidelines of the Labour Market Service or the Social Ministry Services, the conclusion of a teaching contract in accordance with § 1 is not possible. "

Article 8b (6) reads as follows:

" (6) The training relationship referred to in paragraph 1 or section 2 shall be accompanied and supported by the vocational training assistant. In the course of their support activities, the vocational training assistant has social pedagogical, psychological and didactical problems of persons entrusted to them in the course of training, with representatives of teaching establishments, special to discuss independent training institutions and vocational schools in order to contribute to solving these problems. At the beginning of the training, the vocational training assistant, together with the persons in question, has the right to do so. the legal guardian and the lecturer, or To determine the objectives of the training and to participate in the final examination in accordance with paragraph 10, with the participation of the training authority of the first instance and of the school holder, and with the involvement of the primary school authority and the school holder. Together with an expert from the relevant professional sector, the Commission must carry out the final examination at the end of the training provided for in paragraph 2. In the event of a change of training, the vocational training assistant shall have the agreement with the above-mentioned persons involved in the training and shall carry out special consultations in this regard. "

21. In § 8b (8), the words "integrative" and "integrative".

22. In § 8b (9), first sentence, the word "integrative" .

23. In § 8b (13), first sentence, the word "integrative" ; in Section 8b (13) of the third and fourth sentences, the word shall be deleted "integrative" .

(24) The following sentence shall be added to section 8b (13):

" The provisions of § § 2a, 2b, 3, 4, 4a, 5 (1) and 3, 6, 7, 8, 8a, 9 and 14 of the Maternity Protection Act 1979 (MSchG), BGBl, are also applicable to persons who are trained in a training facility according to § 8c. No. 221/1979, in the version of the Federal Law BGBl. I n ° 138/2013; § 14 of the Maternity Protection Act 1979 shall apply with the proviso that the training allowance shall be paid to the body of the pay. "

25. The previous text of Section 8b (14) receives the sales designation "15" and in accordance with paragraph 13, the following paragraph 14 is inserted:

" (14) The Federal Minister for Science, Research and the Economy may, for partial qualifications in accordance with section 2 of the Directive, establish standardised training programmes in order to increase the transparency of the qualifications obtained and the integration of the qualifications obtained. To make it easier for graduates to enter the labour market. The training programme may provide for a period of training lasting up to three years. After years of teaching, the directives have the essential skills and knowledge to be given during the course of the training. Before issuing directives, the Federal Minister for Science, Research and Economics has to submit the draft to the Federal Vocational Training Advisory Board and to give him an opinion of at least two months for the opinion. Companies that wish to train persons in a standardized partial qualification must have a communication according to § 3a, at most in connection with § 2a (training association). "

26. The title to § 8c is deleted.

27. In Section 8c (1), the word sequence shall be deleted "in an integrative vocational training" .

§ 9 (9) (9) lit. b is:

" (b)			an enunciation of the teaching relationship according to § 14 para. 2 lit. a or d, "

29. In accordance with § 9 (9), the following paragraph 9a is inserted:

" (9a) The court commissioner in the procedure of abandonment or, if no court commissioner has been appointed, the apprentice court has the apprentice office without unnecessary delay, but at the latest within four weeks an enunciation of the teaching relationship by the abatation of the lecturer in accordance with § 14 para. 2 lit. b display. "

30. In § 12 para. 3 Z 1 the word order shall be "Partnerships of the commercial law or registered labour force" through the phrase "Open companies or limited partnerships" replaced.

31. The previous text of Section 12 (3) Z 7 receives the sales designation "(8)" and after Z 6 the following Z 7 is inserted:

" 7.		the name and address of the company ' s pension fund; "

32. According to § 13, the following § § 13a and 13b together with the heading are inserted:

" Teaching with Matura

§ 13a. If, in the context of a combined educational pathway "Teaching with Matura", preparatory measures for the completion of the examination of the profession are completed in a time-related context with the training in a teaching profession, it may, on request, be carried out in conjunction with the training programme. Registration or amendment of the apprenticeship contract is to be provided in the teaching contract or in an additional agreement, the duration of the teaching period laid down for the teaching profession (§ 7 para. 1 lit. (b) an extended duration of the teaching relationship shall be agreed. For the extension, a framework period shall be available to the extent of the total number of working days which comprise the preparatory measures concerned during the period of teaching. The extension shall refer to those years in which the preparatory actions take place. If a preparatory measure falls below the level of the day-to-day working time, an extension of the duration of the teaching relationship shall also be carried out for an entire day, provided that the date of the preparatory action is made entirely free of work. In the case of the break-up of preparatory measures, the extended duration of the teaching contract is to be adapted in the apprenticeship contract.

Recudiation of the compulsory school qualification

§ 13b. Where preparatory measures are taken to recover the compulsory school qualification in a time-related context with training in a teaching profession, it may, upon request, be made in conjunction with the application or amendment of the apprenticeship contract, in the teaching contract or in an additional agreement, the duration of the teaching period laid down for the teaching profession (§ 7 para. 1 lit. (b) an extended duration of the teaching relationship shall be agreed. For the extension, a framework period shall be available to the extent of the total number of working days which comprise the preparatory measures concerned during the period of teaching. The extension shall refer to those years in which the preparatory actions take place. If a preparatory measure falls below the extent of the working time, an extension of the duration of the teaching relationship shall also be carried out for an entire day, provided that the date of the preparatory measure is made entirely free of work. In the case of the break-up of preparatory measures, the extended duration of the teaching relationship should be adjusted in the apprenticeship contract. "

33. In § 14 (2), the point at the end of the lit. e replaced by a dash and the following lit. f is added:

" f)			an asylum procedure of the apprentice was terminated with a legally binding negative decision. "

34. § 14 is added to the following paragraph 4

" (4) An apprentice shall be appointed by the lecturer from the entry of a reason for the envoy referred to in paragraph 2 lit. d does not inform the lecturer immediately, he/she has the same employment and social rights rights as the teacher for the duration of continued employment, as on the basis of an upright teaching relationship (employment relationship). If the apprentil is aware of the enunciation of the teaching relationship, this employment relationship ends ex lege. The apprentice is entitled to a compensation claim in accordance with the provisions applicable to the employment relationship for justified early exit. "

35. § 16 (1), first sentence reads:

" § 16. (1) After termination or early dissolution or extraordinary dissolution in accordance with Section 15a (7), the apprentice has to issue the apprentice at his own expense a certificate (certificate of teaching). "

36. In § 19 (6), first sentence, the parenthesis shall be " (§ 68 para. 4 lit. d AVG 1950) " by the parenthesis expression "(Section 68 (4) (4) of the AVG)" replaced.

37. In § 22, paragraphs 7 to 9 are given the names "(8)" to "(10)" , and paragraphs 1 to 7 shall read as follows:

" § 22. (1) The final examinations must be carried out before examination commissions which the apprentice body has to establish. Each examination committee consists of a chairperson and two co-chairs. The members of the Examination Committee shall have a professional qualification corresponding at least to the level of a qualification examination in the vocational field of training, in particular in the same or a related teaching profession.

(2) The chairpersons of the examination committees shall be appointed by the head of the apprentice office for a period of five years on the basis of a proposal to be received by the Land-Vocational Training Advisory Board. The head of the apprentice office is bound by unanimous proposals of the Land-Vocational Training Advisory Board. If no such proposal is refunded within two months of receiving a proposal by the apprentice office on the part of the country's vocational training advisory board, the head of the apprentice office shall have the appointment of the chairpersons after consultation of the Chamber of Labour and the State Chamber of the commercial economy.

(3) The members of the Examination Committee shall be appointed by the apprentice office for each examination date separately on the basis of lists drawn up by the apprentice office of the apprentice in respect of the individual apprentice post after hearing the are to be drawn up for a period of five years with regard to the competent statutory professional interests of the employers and with regard to the other co-worker of the working chamber of the respective federal state. One member of the examination board is to be nominated from one of the two lists. When drawing up the lists, care must be taken to ensure that, where appropriate persons are available, the examiners have didactic and educational competence. For the evaluation, zB can be used for the course measures which have been set up for this purpose.

If the apprentice body does not present sufficient lists for the proper use of the necessary members of the examination board, the apprentice body shall use paragraph 1 on an ad hoc basis to refer the members to the examination board.

(5) persons who, because of an intentional act which is threatened with more than one year of imprisonment, are persons who have been subjected to an act of enrichment or are punishable by a criminal offence against morality or the financial offences of smuggling, the evasion of entrance or exit taxes or the filing of the waste management pursuant to § 37 (1) (1) lit. a of the Financial Criminal Law, BGBl. No 129/1958, have been finally convicted by a court of law, must not be appointed as members of the Examination Commission.

(6) The apprentice body shall have members who do not or no longer fulfil the conditions for their appointment or which, by means of their repeated unpaid absence, have not been able to give a quorum to the examination board after hearing the sending No longer be responsible for the audit work and notify it to the sending body, as well as the modification or modification of the site. To supplement the list.

(7) The head of the apprentice body shall have to contain a chairman of the examination board before the expiry of his term of office, if he repeatedly neglects his duties or if he speaks other important reasons for his dismise. "

38. In § 23, para. 4, second sentence, the quote "(Section 22 (8))" by quoting "(Section 22 (9))" replaced.

39. In § 23 (11), first sentence, the word shall be: "Education Measures" by the word "Education measures" replaced.

40. § 29 together with headline reads:

" Duration of the teaching period in the case of training or employment in judicial institutions in which the execution of the sentence is carried out in accordance with the provisions of Section 55 of the Youth Court Act 1988, in social educational establishments or in institutions for people with a body or sensory impairment

§ 29. (1) The apprentice office has the time in which persons in a judicial institution in which the penitentiary is executed in accordance with the provisions of § 55 of the Youth Court Act 1988 in one pursuant to § 17 of the Federal Children's and Children's Aid Act 2013 , or in another institution entitled to implement public youth assistance, to be trained in a teaching profession, to apply to the full extent of the teaching period in that profession if the teaching period is Workshop is set up and managed in such a way as to ensure that the practical learning in the , and if the guidance is provided by a person who has the personal requirements for the formation of apprentices (§ 2 para. 2 lit. b and c).

(2) The apprentice body shall have the time in which persons in one of the establishments referred to in paragraph 1 are employed with activities which make up the subject of a teaching profession, to be applied to the period of teaching in that profession, if the teaching period referred to in paragraph 1 is the conditions mentioned above are met. In the course of the investigation procedure, the apprentice body shall obtain an opinion from the head of the institution and, when deciding on the extent of the calculation, shall take care of the level of training of the condomiant.

(3) The stay in one of the institutions listed in paragraph 1 may not be mentioned in the teaching certificate, in examination certificates and in the certificate according to § 26 (3).

(4) The apprentice body has the time in which persons are trained in a facility for blind people or deaf people or for people with a physical or sensory disability in a teaching profession, to the teaching period in this teaching profession if the school is not a school, and if the conditions set out in paragraph 1 are met. In the course of the investigative procedure, the apprentice body shall obtain an opinion from the head of the institution and, when deciding on the extent of the apporation, to the extent of the applicant's disability, To take care of it. "

41. § 29b (1) first sentence reads:

" § 29b. (1) The training examinations are, in so far as § § 20 (8) and (22) (2) of the Commercial Code (Gewerbeordnung) 1994 do not determine otherwise, to be deposited before examination commissions which have to be established by the Master Examination Office. "

42. The following sentence is added to Article 30 (8):

" Furthermore, they are the provisions of § § 2a, 2b, 3, 4, 4a, 5 para. 1 and 3, 6, 7, 8, 8a, 9 and 14 of the maternity protection act 1979 (MSchG), BGBl. No. 221/1979, in the version of the Federal Law BGBl. Article 14 of the MSchG shall apply with the proviso that the training allowance shall be paid to the body of the pay. "

43. According to § 31c, the following § 31d with headline is inserted:

" Quality Committee of the Confederation-Vocational Training Advisory Board

§ 31d. (1) A quality committee shall be established at the Federal Vocational Training Advisory Board. This has the task of advising and developing tools and measures for quality assurance and quality development in vocational training. These include in particular:

1.		Elaboration of systematic concepts for apprenticeship training,
2.		Advising and reimbursement of proposals on innovative projects to the funding committee (§ 31b) and on model projects to the Federal Ministry for Science, Research and the Economy
3.		Monitoring of success and inaugural quotas in the context of the audit of the LehrabFinal examination, including statistical data on success rates in vocational schools
4.		development of offers, programmes and projects in order to support apprentices and teachers and other training providers in a successful training,
5.		Coordination with the country-vocational training councils on the design and preparation of regional and industry-related offers, programmes and projects.

(2) The Committee shall be composed of six members. Three members are appointed by the Federal Minister for Science, Research and Economics on a proposal from the Austrian Chamber of Commerce and on a proposal from the Federal Chamber of Labour. For each curia, a substitute member must be ordered.

(3) The Committee shall elect two Chairmen. The functions of the chairpersons shall be divided among the members proposed by the Austrian Chamber of Commerce and by the Federal Chamber of Labour in such a way that one chairman shall each be omitted from one of the said groups of members. The chairmen alternate with each other in the presidencies at the beginning of each meeting. The confiscation of experts with a consultative voice shall be admissible at any time. In the elaboration of industry offers, the interest groups of the affected industry are to be included.

(4) Weiters shall apply the provisions of § 31b (4) to (7). The committee's quorum shall be given in the presence of at least four members, if all members have been duly invited. It is necessary to vote in favour of the adoption of decisions.

(5) At the request of at least three of its members, the apprentice bodies have data to the quality committee according to § 19g (1), insofar as they are available at the apprentice office, in particular on training break-off and examination success rates of individual members. Sectors and regions, as well as in the case of special reasons such as for example at the apprentice office, the Chamber of Commerce or the Chamber of Labour of a lot of information, also of individual teaching enterprises on request to be made available or shall be transmitted. At the same time, the competent State Vocational Training Advisory Board is to be informed of the concern of individual federal states. The members of the Quality Committee and the experts and experts who have been attached to it shall treat this information confidentially and are committed to secrecy. "

44. § 34 (3) Z 4 reads:

" 4.		§ § 4, 5, 9 and 93 (2) of the Workers ' Chamber Act 1992, BGBl. No. 626/1991. '

Fischer

Faymann