418. Regulation of the Federal Minister of the Interior concerning measures for the promotion of women in the sphere of action of the Federal Ministry of the Interior (FrauenförderPlan-BM.I)

Due to § 11a of the Federal Equal Treatment Act-B-GlBG, BGBl. N ° 100/1993, as last amended by the Federal Law BGBl. I n ° 97/2008, shall be ordered:

Section 1

General Part

Goal of the women's promotion plan

§ 1. (1) The Federal Minister for Home Affairs is committed to an active equality policy in order to ensure equal opportunities for women and men.

(2) The strategy of gender mainstreaming is to be established as a consistent principle in all areas of activity of the Federal Ministry of the Interior. In particular, staff planning and personnel development activities will be reviewed for their possible gender impact, in order to avoid any form of gender discrimination.

(3) Through the implementation of the women's support plan, the proportion of women in the department of the Federal Ministry of the Interior is permanently employed in all those groups of uses and remuneration in which a under-representation according to Article 11 (3) (3) of the German Federal Ministry of the Interior (GHA) 2 B-GlBG is to be increased.

(4) The urgency of the professional advancement of women is determined by the extent of the under-representation established in the respective service authorities and reproduced as an annex to the Regulation. According to § 11a B-GlBG, the proportion of women in the A1/v1 application/remuneration group is to be increased by 1% by 30 November 2010, and by 0.5% in the executive service.

Women's Promotion

§ 2. (1) The representatives of the employer are obliged to take special measures to promote women (3). (a) in such a way as to ensure that, within two years from the date of entry into force of the Regulation, the proportion of women in each field of activity shall be increased in accordance with the objectives set This applies only to those areas of activity in which measures with an impact on the establishment plan are carried out.

(2) In addition, the employer shall take all other measures (recordings, post-planning measures, transfers to higher uses, functional appointments, organizational changes, dispatches and the like) which directly or indirectly on the Women's share of influence, the goal of the women's promotion plan to be observed.

Scope

§ 3. The provisions of the second and 3. The section is to be applied to the staff of the entire department of the Federal Ministry of the Interior.

Protection of the dignity of women and men at work

§ 4. In the workplace, a climate is to be created in which women and men mutually respect the inviolability of their person. Cases of sexual harassment shall be treated confidentially. The employer shall seek to ensure that there is no further sexual harassment and that the employee is not at a disadvantage in the event of a complaint being raised to the Federal Equal Treatment Commission.

Section 2

General support measures

Education and training

§ 5. (1) In the context of the bid to promote the education and training of the staff, the employer has to inform employees in good time about training opportunities that are available to them in order to provide them with adequate disposition. open. Employees who wish to do so, have-as far as these correspond to the respective target group-to attend training events, provided that they can be kept in an orderly service without them. In addition, women should be given preferential access to participation in education and training events.

(2) The service managers shall grant the staff members to participate in training and further education activities as far as possible to change in service time.

(3) The admission to training and further education events should in principle also be made possible for the part-time employees, in particular if they are responsible for care.

(4) The employer shall have an opportunity to participate in the organisation and in particular in the time and local implementation of internal training and further training events, to take account of the participation of employees who are subject to care. be considered (e.g. B. no events in the first week of school). If necessary, the greatest possible support should be provided in the search for an appropriate childcare facility.

Professional life planning

§ 6. (1) In the definition of service obligations, non-discriminatory task assignments based on gender-stereotyped understanding of the sexes may be carried out. The same applies to the description and design of jobs.

(2) In the definition of any physical aptitude criteria, it should be considered that access for women is guaranteed.

(3) In terms of service descriptions and suitability considerations, no assessment criteria may be included, resulting in a disadvantage for women. The inclusion of eligibility criteria, which are based on a discriminatory, role stereotype understanding of the sexes, is inadmissible.

(4) The service provider has been shown to make an intensive effort to ensure that employees who are active in the executive service and who wish to do so and because of their family circumstances (e.g. Care of close relatives, caregivers of single parents), their service outside the shift and interchangeable service/planning service, or are part-time employed, can be used in the executive field service.

Familial relations

§ 7. (1) The employer has to take into account the family circumstances of its employees in the respective organizational unit as a whole (e.g. B. in the arrangement of telework). In the case of official dispositions, he has to take care of existing assorted custody of employees.

(2) In the course of the division of services and vacations, the employer has to consider the family circumstances of its employees in the respective organizational unit as a whole and to the extent to which the obligations of the service provider and the rights of the visiting rights are provided to the extent to which they are subject to be considered as possible.

(3) The use of parental leave and part-time work by men shall be made possible by appropriate measures and their acceptance shall be encouraged by all staff members.

Overtime, part-time work

§ 8. (1) If an employee has to pay overtime on a regular basis, an intentional change in the division of these overtime hours due to the family circumstances and the resulting custody duties within the The weekly working time must be communicated to the service staff. This person has to approve the change, unless important service or unavoidable legal requirements are contrary to that or the employee (in) would have the intention not only to do the overtime on working days.

(2) In the case of a short-term arrangement of overtime, the employer has to take into account the family situation of the employees. In particular, it has on short-term, non-delegable supply obligations (e.g. B. Care of family members) To take care of them.

(3) The employer shall allow the intended part-time work to be carried out in so far as this is possible with the maintenance of an orderly service. In the event of a family emergency situation, the application can be submitted directly to the service authority with the simultaneous understanding of the service superiors on the nature and extent of the planned part-time work. It shall decide on the request without delay.

Promotion of re-entry into working life

§ 9. (1) The employer shall have employees who are in the care of a child on a child's care leave, on request, on matters relating to the place of residence or the relevant office, and on the issue of the Training opportunities to be informed. The employees concerned shall be informed of this possibility in good time.

(2) Depending on the field of activity of the employee, this information includes, in particular, organizational changes, changes in the field of activity or function announcements.

(3) At the latest four weeks before the re-entry, the employee is to be invited by the employer (Human Resources Department) or the supervisor to a call in which the use after the re-entry is clarified. At the same time, the Regional Equal Treatment Officer (Regional Equal Treatment Officer) is to be informed in order to provide support (mentoring).

Secondary activities

§ 10. The transfer of secondary activities shall be based on a gender balance in the case of an equivalent qualification.

Commissions and Advisory Councils

Composition

§ 11. (1) In the event that the appointment of members in commissions and advisory councils is not due to the election, the proportion of women in the under-representation shall, in any case, be increased within the next two years from the date of the presentation of the regulation. This does not apply to this extent, in which members of commissions and advisory councils are not appointed. In the case of the composition of commissions, senates, collegiate bodies and councils provided for in the rules of service law, which are called for the preparation of decisions or for decision in personnel matters, is according to § 10 (1) B-GlBG. Prior to the appointment of Disciplinary Lawyers and Disciplinary Lawyers and their alternates, the Chairman of the Working Group on Equal Treatment Questions in the Federal Ministry of the Interior shall be given an opportunity to comment. ,

(2) In the case of newly established committees and advisory bodies or comparable decisive or advisory bodies, the employer shall cooperate with the Chairman of the Working Group on Equal Treatment Questions in the Federal Ministry of the Interior to ensure a gender-specific balance in the order.

(3) The gender balance should also be ensured for similar bodies (internal and ressor-based working groups, project groups, working groups in subordinated authorities or departments and the like). If, for objective reasons, it is not necessary to ensure the gender balance, the sending office must inform and justify this to the Chairman of the Working Party on Equal Treatment.

(4) In commissions, advisory councils and bodies referred to in paragraphs 1 to 3, the service provider shall participate in order to ensure that women are also appointed as chairpersons.

(5) In the establishment of evaluation commissions in accordance with the law on tendering, 1989 -AusG, BGBl. No 85/1989, shall be subject to the appointment of the members within the meaning of Article 7 (2) of the German Auslees Act.

Section 3

Special support measures and

Their implementation in the relevant service authorities

Inclusion in the service, Betrauung with a workplace

§ 12. (1) With regard to the objectives set out (§ 1 (2) and (3)) in the respective user/pay groups of the individual service authorities, among several applicants for admission to the public service authorities are: In the case of equal or equivalent professional qualifications, women should be given preferential treatment until such time as the stated objectives have been achieved by the permanent employees in the respective service authority (Section 11b B-GlBG).

(2) In addition, in all areas of the portfolio, women's under-representation in management functions has been identified. Therefore, it is preferable to appoint women as long as they have equal or equivalent professional qualifications for a higher level of use, until all the management functions in the relevant candidates are to be used in the relevant Use/remuneration groups in the scope of action of the respective service authority are not given under-representation to women in the permanent employees.

(3) In the case of tendering of vacant posts in use/pay groups in all service authorities in which women are under-represented, the preferential treatment of applicants with equal or equivalent aptitude should be noted. All tender texts in accordance with the 1989 Tendering Act and internal calls for tenders must be drawn up in a gender-neutral form.

(4) In application interviews, women discriminating against women (such as (b. after family planning). In assessing the suitability of applicants, no assessment criteria should be used which are based on a discriminatory, role stereotype understanding of the sexes.

Reporting obligations

§ 13. (1) The Chairman of the Working Party on Equal Treatment Questions in the Federal Ministry of the Interior is the text of the call for tenders or the search for interested parties for a function or place of work which is within a use or A pay group, a functional group or a higher rating group is to be notified in time. In addition, the chairman of the intended new recordings must be informed immediately.

(2) In the cases referred to in paragraph 1, the employer shall immediately post the chairperson (s) of the Working Group on Equal Treatment Questions in the Federal Ministry of the Interior at the request of applications submitted by applicants. to inform the chairman of the application period, but in any case before decision-making, and to give the chairman the opportunity to submit an opinion within a reasonable period of time. In any case, it is possible to provide you with a view of the list of applicants and their qualifications.

(3) The proportion of women among all employees of the respective user/pay groups and functions shall be collected by the service provider at a distance of two years each. The next survey date is 1 July 2010.

(4) The chairperson of the Working Group on Equal Treatment Questions in the Federal Ministry of the Interior shall submit a situation report to the Federal Minister or the Federal Minister without delay after the relevant survey date. The service provider shall make available the information and data required for this purpose by the reporting publisher or the reporting publisher.

(5) A report with the resulting targets for the next two subsequent years shall be drawn up with the participation of the Chair of the Working Party on Equal Treatment Questions and in the course of the service to which it is committed to implement this Regulation. Representatives of the service authorities are brought to the attention of the Commission.

(6) The Chairman of the Working Group on Equal Treatment Issues in the Federal Ministry of the Interior is to report every six months on applications and authorisations of women for training and further training events, and to justify non-approvals.

(7) The regional equality officers shall be informed of requests for part-time work or teleworking.

(8) The chairperson of the Working Group on Equal Treatment Questions in the Federal Ministry of the Interior and the regional Equal Treatment Officer are responsible for the existence of a suspicion of discrimination against women in accordance with the B-GlBG without delay.

Section 4

Equal treatment officer, working group on equal treatment issues and contact women

§ 14. (1) The Equal Treatment Officer, the members of the Working Party on Equal Treatment and the Contact Women shall not have a professional disadvantage in their function either during the exercise or after leaving this function. growing up.

(2) The activity as a Equal Treatment Officer/Equal Treatment Officer, as a member of the Working Group on Equal Treatment Questions or as a contact woman, is an essential part of the performance of the duty of service. The service provider must take particular care in this important area of administration for all service provisions.

(3) The employer shall support the Equal Treatment Officer, the Working Party on Equal Treatment Issues and the Contact Women in the performance of their duties and shall have the necessary resources to do so. (personnel, space and material expenses).

Section 5

Information on relevant legislation

§ 15. The service provider has the valid version of the Frauenförderungsplanes (Frauenförderungsplanes) to be brought to the attention of all employees demonstrably in the service. This obligation to provide information shall also apply in the case of the establishment of service conditions. The current women's promotion plan is also available to all employees via the intranet.

entry into force

§ 16. (1) This Regulation shall enter into force on 1 December 2008. The BGBl Regulation. II No 532/2004 (Women's Development Plan-BM.I) will expire at the end of 30 November 2008.

(2) References to federal laws relate to the version which is in force at the time of the adoption of this Regulation.

Fekter