125. Federal law, which changes the hospital's working time law

The National Council has decided:

The Health Care Working Time Act, BGBl. I n ° 8/1997, as last amended by the Federal Law BGBl. I n ° 155/2005, is amended as follows:

1. In § 1 para. 1 Z 9 the word "and" has been replaced by a dash and added to Z 10 by a dash.

2. In Section 1 (1), the following Z 11 is added:

" 11.		Organizational units for stationary care in nursing homes and similar facilities "

3. The heading to § 5 reads:

"Overtime work and contractual provisions"

4. § 5 (4) is replaced by the following paragraphs 4 and 5:

" (4) The provisions of § § 19c, 19d and 19g of the Arbeitszeitgesetz, BGBl. No 461/1969, shall apply.

(5) (1) to (4) do not apply to service workers who are in a service relationship with a local authority. Regulations in federal law or state laws remain unaffected. "

(5) The following paragraph 4 is added to § 11:

"(4) In the absence of records of the hours worked, the determination of the working time actually worked is unreasonable, expiry periods shall be inhibited."

6. In accordance with § 11, the following § 11a including the heading is inserted:

" omitting

§ 11a. (1) A surrender within the meaning of this Federal Law shall be provided if third parties are made available to third parties in order to work for them under their control. If you are a service provider or a service provider, you are not obliged to work on a third party for your work. The employee is responsible for the work performance of these employees.

(2) For the duration of the transfer, the employees shall be regarded as service providers within the meaning of this Federal Law. "

7. In Section 12 (1), the word order shall be deleted "and their Plenipotentiaries".

8. In § 12, the following paragraph 1 is added after paragraph 1:

" (1a) Infringements of the recording requirements in accordance with § 11 shall be punished separately in respect of each and every service taker, if the absence of the records makes it impossible to establish the actual hours worked or will be unreasonable. "

9. According to § 15 (2g), the following para. 2h is inserted:

" (2h) § 1 para. 1 Z 9 to Z 11, the title to § 5, § 5 (4) and 5, § 11 (4), § 11a and § 12 (1) and 1a in the version of the BGBl. I n ° 125/2008 enter into force on 1 September 2008. Section 11 (4) shall apply only to expiration periods which would begin to run from that date. "

Fischer

Gusenbauer