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Change Of The Vocational Training Act, The Labour Market Service Act, Of The Employment Protection Act, Of The Insolvency Payment Assurance Act, The Labour Market Policy Financing Act...

Original Language Title: Änderung des Berufsausbildungsgesetzes, des Arbeitsmarktservicegesetzes, des Jugendausbildungs-Sicherungsgesetzes, des Insolvenz-Entgeltsicherungsgesetzes, des Arbeitsmarktpolitik-Finanzierungsgesetz...

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82. Federal Law, with which the Vocational Training Act, the Labour Market Service Act, the Youth Training Protection Act, the Insolvency Law on Remuneration Assurance, the Labour Market Policy Finance Act, the Land Labour Act, 1984, the Land and forestry vocational training law, the unemployment insurance law 1977, the special support law, the labour market promotion act, the income tax law 1988, the IAF service GmbH law, the labour force transfer law, the Labor and Social Justice Act, which Corporate Law, the Order of bankruptcy and the Executive Order will be amended

The National Council has decided:

table of contents

Article 1

Amendment of the Vocational Training Act

Article 2

Amendment of the Labour Market Service Act

Article 3

Amendment of the Youth Education Safety Act

Article 4

Amendment of the Insolvency-Remuneration Assurance Act

Article 5

Change of Labour Market Policy-Finance Law

Article 6

Amendment of the Land Labour Act 1984

Article 7

Amendment of the agricultural and forestry vocational training law

Article 8

Amendment of the 1977 Unemployment Insurance Act

Article 9

Amendment of the Special Support Act

Article 10

Amendment of the Labour Market Promotion Act

Article 11

Amendment of the Income Tax Act

Article 12

Amendment of the IAF-Service-GmbH-Act

Article 13

Amendment of the Labour Force Act on Labour Force

Article 14

Amendment of the Labour and Social Court Act

Article 15

Amendment of the Law on the Law of the State

Article 16

Amendment of the Rules of Conkurt

Article 17

Amendment of the Executive Order

Article 1

Amendment of the Vocational Training Act

The Vocational Training Act, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I n ° 5/2006, is amended as follows:

1. In the title, the parenthesis "(Vocational Training Act)" by the parenthesis expression "(Vocational Training Act-BAG)" replaced.

2. In § 8b, the term "para. 14" shall be the expression "in special self-employed training institutions" by the expression "in training facilities" as well as in paragraph 19 of the expression "Specific self-employed training institutions" and the expression "self-employed training institutions" in each case by the expression "Training Facilities" replaced.

3. The following sentence is added to section 8b (22):

"Persons who are trained in a training facility pursuant to paragraph 14 shall be entitled to a training allowance, which forms the basis of contribution for the assessment of social security contributions."

4. § 15 para. 1 second sentence reads:

" In addition, the early dissolution of the teaching relationship is consensual or in the presence of one of the reasons given in subsection 3 and 4 unilaterally by the lecturer or by the apprentice as well as the extraordinary resolution according to § 15a allowed. "

Section 15 (2) reads as follows:

" (2) The resolution shall require the legal validity of the written form. In addition, the dissolution by an underage apprentice in the cases referred to in paragraphs 1 and 4 and § 15a requires the consent of the legal representative, but does not require the consent of a legal representative. "

6. In § 15 (5) the expression "after the expiry of the time limit referred to in paragraph 2" by the expression "after the expiry of the time limit referred to in paragraph 1" replaced.

7. According to § 15, the following § § 15a and 15b shall be inserted together with the headings:

" Training transfer

§ 15a. (1) Both the teacher and the apprentice may, moreover, have the teaching relationship at the end of the last day of the twelfth month of the teaching period and, in the case of a teaching profession, with a fixed duration of three, three and a half or four years. Expiry of the last day of the 24. The month of the apprenticeship is exceptionally disbanded unilaterally, subject to a one-month period.

(2) Paragraph 1 shall not apply to training contracts pursuant to Section 8b (2).

(3) The extraordinary dissolution of the teaching relationship by the lecturer shall only be effective if the person entitled to the teaching is the intended extraordinary resolution and the planned inclusion of a mediation procedure at the latest at the end of the Ninth or 21. communicated to the apprentice, the apprentice office and, where appropriate, the works council and the youth trust council, and a mediation procedure was carried out before the declaration of extraordinary resolution and ended in accordance with paragraph 6. If the apprentice refuses to take part in the mediation process in writing, the prerequisite for the implementation and termination of a mediation procedure is no longer necessary. This refusal may be revoked in writing by the apprentice within a period of 14 days. The communication has to contain the name of the apprentier, his address, his teaching profession, and the beginning and end of the apprenticeship. The apprentice body shall inform the Chamber of Labour of the communication within a reasonable period of time.

(4) The mediation procedure is the Civil Law Mediation Act (ZivMediatG), BGBl. I No 29/2003.

(5) The lecturer has to propose to the apprentice a person registered in the list according to § 8 ZivMediatG for the implementation of the mediation process. The apprentice may refuse the said person immediately. In this case, the lecturer has to propose two other persons registered in the list according to § 8 ZivMediatG, from which the apprentice has to select a person immediately. If the apprentice does not select a person, the initial proposal is accepted. The lecturer has the mediator at the latest at the end of the tenth month of the teaching or at the end of the 22nd To instruate the teaching month. In mediation, the apprentice, the apprentice, in the case of whose minor is also the legal representative and at the request of the apprentice, also a person of his trust must be included. The purpose of the mediation is to explain the problem situation for the participants in a comprehensible way and to discuss whether and under what conditions a continuation of the teaching relationship is possible. The costs of the mediation process must be borne by the lecturer.

(6) The mediation process is terminated when a result has been achieved. As a result, the willingness of the lecturer to continue the teaching relationship or the declaration of the apprentil, does not continue to insist on the continuation of the teaching relationship. The mediation process is also terminated when the mediator declares the mediation to be completed. In any case, the mediation procedure shall end at the beginning of the fifth working day before the end of the eleventh or the 23. apprentiate month, provided that at least one mediation interview has taken place with the participation of the lecturer or in the latter's representation of a person entrusted with the training of the apprentist.

(7) In the event of dissolution, the apprentice of the apprentice body shall immediately inform the apprentice of the extraordinary resolution of the teaching relationship. The apprentice office must immediately inform the regional office of the Labour Market Service of the declaration of extraordinary dissolution of a teaching relationship in order to ensure a smooth transition of training.

(8) Special dismissal protection under the Maternity Protection Act 1979, BGBl, is due to the extraordinary resolution by the lecturer. No. 221, the Fathers Karts Act, BGBl. No. 651/1989, the Workplace Safety Act 1991, BGBl. No. 683, and for members of the Youth Confidence Council or Works Council, according to the Labour Constitution Act, BGBl. No 22/1974. The date of the declaration shall be the date of the resolution.

Report

§ 15b. (1) The Federal Minister for Economic Affairs and Labour has to submit a report on the situation of youth employment to the National Council every two years, beginning with 2010, until 30 June of the respective reporting year. This report shows how the legal basis and the measures taken during the reporting period affect the dual vocational training system, in particular whether and to what extent it increases the number of training courses in education and training. young people and the available apprenticeships, a quantitative and qualitative expansion of initial vocational training and an improvement in the career prospects of young people, and the way in which the young people are The skilled labour requirements of Austrian companies have developed. In addition, the number of teaching conditions which are extraordinated by a mediation procedure must be stated.

(2) The report referred to in paragraph 1 shall be published on the Internet. "

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

" (8) If the teaching relationship is dissolved by the lecturer in accordance with § 15a during an employment prevention due to illness, accident, work accident or occupational disease, the right to payment of the remuneration for the persons referred to in subsection (1) and (4) shall be entitled to payment of the fee. duration, although the teaching relationship ends before. "

9. (constitutional provision) In accordance with § 19a, the following § 19b with headline is inserted:

" Definition of aid for the company training of apprentices

§ 19b. (constitutional provision) The issuing, repeal and enforcement of rules on the award of aid for the vocational training of apprentices, as set out in this Federal Law, are also in the matters of the Federal Republic of Germany, in respect of which the B-VG somewhat different. The matters governed by these provisions may be directly provided by the bodies provided for in this Federal Law. "

10. According to § 19b, the following § § 19c to 19g shall be inserted together with the headings:

" Aid for the company training of apprentices

§ 19c. (1) In order to promote the in-company training of apprentices, grants may be granted to teachers according to § 2 as well as to teachers according to § 2 para. 1 of the Land and Forest Vocational Training Act (BGBl). No 298/1990. The aid shall be used for the following purposes:

1.

Promotion of incentives to train apprentices, in particular by retribution of part of the apprenticeship allowance,

2.

Increase the quality of apprenticeship training,

3.

the promotion of training networks,

4.

Training and further education of trainers,

5.

Additional training courses for apprentices,

6.

Promotion of training in teaching occupations according to the regional demand for skilled workers,

7.

Promotion of equal access for young women and young men to the various teaching professions.

(2) The provisions relating to the type, amount, duration, grant and eligibility of the aid shall be determined by means of directives of the Committee on Subsidies (§ 31b). The guidelines must be confirmed by the Federal Minister for Economic Affairs and Labour.

(3) The award of the aid shall be effected in the transferred sphere of action of the regional chambers of the commercial economy by the apprentice offices in the name and on behalf of the federal government.

(4) The grant of the aid shall be made at the request of the lecturer. There is no legal entitlement to aid. The apprentice has to submit to the apprentice body the documents and documents necessary for the assessment of the conditions for the grant of the aid. The apprentice has to grant the apprentice authority an insight into the operational documentation and access to the company's facilities, to the extent that this is necessary for the assessment of the conditions.

(5) The apprentice bodies shall have the opportunity to submit their comments to the relevant Chamber of Labour before granting aid in the Directives, where there is a margin of discretion to assess the condition of the conditions. , To this end, the apprentice office of the Chamber of Labour has to provide the relevant information for the decision. If the Chamber of Labour speaks out against the grant of the aid within fourteen days, the country's vocational training advisory board is to be consulted. The country's vocational training advisory board decides on its opinion by a simple majority.

(6) The apprentice bodies must document the award of the aid and report on the most important circumstances to the country's vocational training councils at least half a year. The Chambers for Workers and Employees, and the Federal Minister for Economic Affairs and Labour, shall be the sample-like and case-by-case inspection of the documentation for the purposes of control of the lawful and appropriate use of funds. or to the exercise of supervision in accordance with § 19d. The documentation shall include the relevant facts and evidence for each case of state aid.

(7) The Chambers of Commerce may serve as service providers for the preparation and implementation of the decisions of the apprentice bodies of a company of their own or any other appropriate body, provided that the principles of economy, Economic efficiency and desirability are not in conflict. This may result in the protection of the interests of third parties within the meaning of Section 1 (1) of the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999, are not infringed.

(8) The economic chambers are created by the creation and maintenance of the conditions for the award of aid, by the granting of aid and by the fulfilment of the information and documentation requirements. to replace the unavoidable personnel and material expenses from the federal government from the funds made available by the insolvency fee fund in accordance with § 13e IESG. The use of these funds is subject to the verification by the Federal Minister for Economic Affairs and Labour.

Supervision of the Federal Minister for Economic Affairs and Labour

§ 19d. (1) Insofar as the apprentice posts grant aid in accordance with § 19c, they shall be subject to the supervision of the Federal Minister for Economic Affairs and Labour and, insofar as this is necessary for the performance of the tasks in accordance with law and policy, also to the Right of instruction of the Federal Minister for Economic Affairs and Labour.

(2) The apprentice bodies shall be obliged to provide the Federal Minister of Economics and Labour and the support committee set up pursuant to § 31b on request all information necessary for the performance of the supervisor and the necessary information to be provided. to make documents available.

(3) In the exercise of supervision, the legality and compliance with the provisions of this Act shall be examined.

Verification of the appropriateness and effect of the aid

§ 19e. The Federal Minister for Economic Affairs and Labour has to examine the appropriateness and impact of the aid provided by the Committee on Subsidies in accordance with § 19c. It may, if necessary, use suitable external facilities as a service provider. This means that the interests of third parties that are worthy of protection within the meaning of Section 1 (1) of the DSG 2000 must not be

Duty to provide information

§ 19f. All the authorities and offices, the social security institutions and the legal representations of interests of employers and employees are obliged to support the apprenticeship positions in the performance of their duties. The institutions of the Social Security and the Main Association of Austrian Social Security Institutions are obliged to use automatic stored procedures for the purpose of assessing the conditions for the award of aid pursuant to § 19c Data (§ 31 paragraph 4 Z 3 lit. b ASVG) on the periods of insurance of the apprentices and the contributions with which they were insured, to the apprentice offices, to the extent that these data constitute an essential condition for carrying out their duties under this Federal Act.

Data processing

§ 19g. (1) The apprentice offices and the Federal Ministry of Economics and Labour are authorized to process the following data, insofar as their use is an essential condition for the performance of the tasks. The following types of data are:

1.

Data of apprentices:

a)

Names (first names, surnames),

b)

Social security number and date of birth,

c)

Gender,

d)

Nationality, residence and work rights,

e)

Address of residence or place of residence,

f)

Legal representatives of underage apprentices,

g)

Phone number,

h)

Email address,

i)

Teaching profession,

j)

the beginning, end and duration of the teaching,

k)

the result of the final examination of the final examinations and of any partial exams,

l)

Pre-education and additional training,

m)

the collective contract or other applicable legal source (statutes, minimum wage rate, fixed apprentice allowance),

n)

The amount of the apprentice allowance.

2.

Data of the lecturers:

a)

company names and operating names,

b)

company headquarters and operating seat,

c)

Structure of the company (e.g. group, trunk, branch office),

d)

Operating Size,

e)

the operating item,

f)

Industry membership,

g)

Collective membership,

h)

Number and structure of employees,

i)

business owners and responsible members of the management,

j)

Contacts,

k)

Trainers,

l)

Training and further education of trainers,

m)

Teaching profession,

n)

results of quality checks,

o)

Awards according to § 30a,

p)

training networks and the companies and institutions involved in the training,

q)

the service account number and company code,

r)

Phone number,

s)

Email address,

t)

other contact possibilities,

u)

Bank connection and account number.

3.

Data on aid to teachers:

a)

the nature and purpose of the aid;

b)

the amount of the aid,

c)

Aid period (start and end).

(2) The data processed by the apprentice offices or by the Federal Ministry of Economics and Labour pursuant to paragraph 1 may be applied to authorities, courts, social security institutions, workers ' chambers, economic chambers, labour market services and The Federal Statistical Office of Statistics Austria is transmitted by means of automation-supported data processing, insofar as the corresponding data form an essential condition for the execution of the respective tasks assigned to the law. The authorities, courts, social security institutions, the workers ' chambers, the chambers of commerce and the labour market service may submit data processed by them to the apprentice offices in accordance with para. 1 and to the Federal Ministry for Economic Affairs and Labour by way of automation-assisted data processing, insofar as these data form an essential condition for the execution of the tasks assigned by law to the apprentice offices and the Federal Ministry for Economic Affairs and Labour.

(3) The apprentice offices and the Federal Ministry of Economics and Labour may leave the data processed by them according to paragraph 1 to commissioned service providers by means of automation-supported data processing, insofar as the corresponding Data is an indispensable condition for the performance of the delegated tasks. Such a task may also be the performance of a research contract awarded to assess the appropriateness and effect of the aid granted to teachers. "

11. § 30 together with headline reads:

" In-company apprenticeship training

§ 30. (1) The training of persons in a teaching profession in training institutions which are not run by a lecturer, nor are schools or institutions listed in § 29, requires the approval of the Federal Minister for Economic Affairs and the Federal Ministry of Economics and Technology. Work as far as the requirements of § 30b are not available.

(2) The authorization shall be granted if:

1.

the organisation and equipping of the training establishment, taking into account any supplementary training which may be required, enables all the necessary skills and knowledge to be provided for the practical learning of the teaching profession in question,

2.

for the required number of persons who have the personal conditions for the formation of apprentices,

3.

the design of the training essentially corresponds to the vocational training of the teaching profession concerned and the training objective corresponds to the requirements set out in the examination regulations of this teaching profession and the training with the disqualification of the the final examination of a recharge is completed;

4.

it is made credible that the leadership of the training facility is guaranteed for the required duration of training, with a high degree of probability, and

5.

there is a need for a training institution for the economy or for applicants for apprenticeship positions, and the training of apprenticeship vacancies in the relevant teaching profession is not guaranteed in company teaching conditions.

(3) The authorisation may be granted subject to conditions, in particular:

1.

the minimum level of practical training,

2.

the minimum or maximum extent of supplementary training;

3.

the maximum amount of occupational traineeships,

4.

Teaching skills and knowledge to apply and

5.

the obligation to set up targeted efforts to take over the persons to be trainees in an operational teaching relationship in accordance with § § 1 and 2.

(4) The first-time authorisation shall be granted on the basis of the length of the length of the requested teaching profession, on the basis of the teaching period of the teaching profession requested. The authorization shall then be granted on an open-ended basis.

(5) In order to obtain the authorization, the holder of the training institution shall submit the necessary information and provide the necessary documents for the examination of the condition of the conditions laid down in paragraph 2.

(6) If the conditions laid down in paragraph 2 (2) (1) to (5) are no longer fulfilled, the holder of the authorization shall, under the threat of withdrawal or non-renewal of the authorization, have a reasonable period of not more than half a year. To remedy the shortcomings. If the deficiencies are not remedied within the time limit, the Federal Minister of Economics and Labour shall withdraw the authorization or not to extend it.

(7) The provisions of this Federal Act, with the exception of § § 15a, 17, 17a and 18, shall apply to the holders of an authorisation in accordance with paragraph 1, to the training conditions there and to the training conditions, with the proviso that the holders shall apply in accordance with the conditions laid down in this Act.

1.

No teaching contract is to be concluded and the training conditions at the apprentice office are to be registered in the form of a list which must contain all the information required in section 12 (3), and

2.

the time spent in a training establishment is equivalent to the training of the teaching period in the teaching profession concerned.

(8) Persons who are trained in a training facility as referred to in paragraph 1 are persons in a teaching relationship (apprentices) within the meaning of Section 4 (1) (2) of the General Social Insurance Act (Social Insurance Act) as well as with regard to the Compulsory vocational education and training. They are considered apprentices within the meaning of the 1977 Unemployment Insurance Act, the Insolvency Law and the Family Tax Equalization Act and are entitled to a training allowance, which is the basis for the assessment of the contribution of social security contributions. "

12. In accordance with § 30a, the following § 30b with headline is inserted:

" In-company apprenticeship training on behalf of the labour market service

§ 30b. (1) In accordance with the guidelines of the Administrative Board for the Apprenticeship Training, which contain the provisions of § 30 of comparable quality standards, the Labour Market Service has a training facility with the The Federal Minister of Economics and Labour (Federal Minister for Economic Affairs and Labour) is not required to apply for the period of the assignment, according to § 30 (1).

(2) Paragraph 1 shall also apply if, on behalf of the Labour Market Service, individual persons are additionally trained on a training place in a training facility in a specific teaching profession and thereby the number of persons for this teaching profession according to § 30 approved or originally contractually agreed training places.

(3) § 30 (7) and (8) also apply to the over-company teaching training on behalf of the labour market service.

(4) The Labour Market Service has to inform the Federal Minister for Economic Affairs and Labour and the Federal Vocational Training Advisory Board on the commissioning of a training facility. "

13. In § 31 paragraph 2 lit. d becomes the word sequence "in special self-employed training institutions" through the phrase "in training facilities according to § 30" replaced.

14. § 31 (4) second sentence is deleted.

15. In § 31a (2) Z 5, the phrase "Opinion in accordance with § 8 (10) and (11)" through the phrase "Opinion in accordance with § 8 (13) and (14)" replaced.

16. According to § 31a, the following § 31b shall be inserted with the title:

" Funding Committee

§ 31b. (1) A committee shall be established at the Federal Vocational Training Advisory Board. This has to lay down guidelines on aid for the vocational training of apprentices in accordance with § 19c.

(2) The Committee shall be composed of a total of nine members. The members are appointed by the Federal Minister for Economic Affairs and Labour, of which three are members on a proposal from the Austrian Chamber of Commerce and three members on a proposal from the Federal Chamber of Labour. A substitute member shall be appointed for each member.

(3) The Committee shall elect a Chairperson and two alternates. The functions of the chairman and the two deputits are presented by the Federal Minister of Economics and Labour, without a proposal, as well as those proposed by the Austrian Chamber of Commerce and the Federal Chamber of Labour and the Federal Chamber of Labour. to split members in such a way as to eliminate a function on one of the three groups of members mentioned.

(4) The function period of the members (substitute members) shall be four years. Reorder is allowed.

(5) The members (substitute members) may at any time declare their resignation to the Federal Minister for Economic Affairs and Labour. The resignation shall take effect with access to the written declaration.

(6) If a member (substitute member) is in a position before the expiry of the period for which it is ordered, a new member (substitute member) shall be appointed for the remainder of the operating period.

(7) Members (substitute members) shall be obliged to exercise their function and to secrecy over them in a conscientious and impartial exercise of their function and to secrecy over them in the performance of their function. The Federal Minister for Economic Affairs and Labour has to withdraw the appointment of a member (substitute member) if there is an important reason, especially in case of gross breach of duty or permanent inability to exercise the function.

(8) The more detailed provisions relating to the procedure to be followed shall be laid down in a point of order to be adopted by the Committee. The Rules of Procedure shall require the confirmation of the Federal Minister for Economic Affairs and Labour. Save as otherwise provided by the Rules of Procedure, the convening and management of the meetings of the Committee shall be the responsibility of the Chairman, the committee's quorum shall be given and shall be required in the presence of at least seven Members. Decisions of a qualified majority of the votes cast by two-thirds and one vote. Until the election of the Chairman, the convening and chairing of the meetings of the Committee shall be a member of a member appointed by the Federal Minister of Economic Affairs and Labour. The Rules of Procedure may provide for the recovery of experts with a consultative vote. "

17. § 34 (6) and (7) reads:

" (6) The provisions of § 8b concerning integrative vocational training in the version of the Federal Law BGBl. I No 79/2003 shall enter into force on 1 September 2003.

(7) Aid according to § 19c (1) (1) (1) can only be granted on the basis of teaching conditions which begin after 27 June 2008. The other aid granted in accordance with § 19c may be granted on the basis of teaching conditions which exist after 27 June 2008. "

18. The following paragraphs 5 and 6 are added to § 36:

" (5) § 19c (2) and § 31b in the version of the Federal Law Gazette (BGBl). I n ° 82/2008 will enter into force with the following day following the presentation of this Federal Act.

(6) § 8b (14) and (22), § 15 (1) and (2), § 15a, § 15b, § 19c (1) and (3) to 8, § 19d, § 19e, § 19f, § 19g, § 30, § 30b, § 31 paragraph 2 lit. d and paragraph 4 as well as § 31a para. 2 Z 5 in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 28 June 2008. "

Article 2

Amendment of the Labour Market Service Act

The Labour Market Service Act (AMSG), BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I n ° 104/2007, as follows:

1. In the table of contents, after the entry "§ 38c Care Plan" the entries "§ 38d In-company apprenticeship training" and "§ 38e conciliation of a training place" inserted.

2. The following paragraph 3 is added to § 29:

" (3) The tasks of the Labour Market Service include, in particular, ensuring vocational training opportunities for young people through placement on appropriate teaching posts and supplementary measures such as the appointment of Training institutions for higher-level teaching training according to § 30b of the Vocational Training Act (BAG), BGBl. No 142/1969, or by training institutions pursuant to Article 2 (4) of the German Federal Ministry of Education and forestry, Federal Law Gazette (BGBl). I No 298/1990. '

(3) The following paragraph 6 is added to § 31:

" (6) The labour market service has to take into account, in particular in the case of projects relating to the provision of vocational training opportunities for young people in accordance with Article 29 (3), different needs in the individual federal states and to to achieve the best possible performance of tasks involving the participation and appropriate financial participation of the respective federal states. "

4. In § 34, paragraph 8, the expression " Sales Tax Act 1972, BGBl. N ° 223 " by the expression " Sales Tax Act 1994, BGBl. I n ° 663 " replaced.

§ 34 The following § 34a and heading is inserted after § 34:

" Kombilohn

§ 34a. (1) In order to promote the employment of persons with reduced integration opportunities in the labour market, aid may be granted in the sense of § 34 and for unemployed persons as a combined wage.

(2) The aid shall provide a sufficient incentive for the worker to accept employment. The aid to the worker shall be applied to the social security scheme as an aid to cover the life of the worker.

(3) An aid may be granted to the employer in the form of a grant in the amount of a part of the gross payment.

(4) The Board of Directors, on a proposal from the Board of Management, shall lay down principles relating to the more detailed requirements of the Combi's pay. In particular, the Directive must lay down the maximum duration of the granting of aid and a ceiling on charges and take account of special payments in respect of the granting of aid. The directive requires confirmation from the Federal Minister for Economic Affairs and Labour.

(5) The labour market service has to provide for an evaluation of the combi wage. "

6. In accordance with § 38c, the following § § 38d and 38e shall be inserted together with the headings:

" In-company apprenticeship training

§ 38d. (1) In so far as vocational training opportunities for young people cannot be ensured by means of teaching or other measures, the labour market service has suitable training facilities with the above- Instructing training.

(2) The Management Board shall adopt guidelines for the on-the-job training, which shall contain comparable quality standards for the vocational training regulations for training institutions. The directives have on the obligation to set up targeted efforts to take over the persons to be apprentices into a company-related teaching relationship and can therefore also be provided with training contracts which do not cover the whole of the To the extent that this does not endanger comprehensive training in the respective teaching profession, with the aim of the teaching qualification. The Directives must contain provisions concerning the training allowances to be granted during training in institutions of higher-level training.

(3) Compliance with the quality standards shall be contractually agreed. If necessary, the labour market service has to be subject to the fulfilment of conditions within the meaning of Section 30 (3) of the Federal Employment Service (BAG).

Placement of a training place

§ 38e. The Labour Market Service has an apprentice who is seeking to continue his training within three months of receiving the information on termination of the apprenticeship. According to the possibilities, the training place is intended to enable a continuation of the training in the teaching profession, which has been learned so far, in a teaching profession in the same occupational area or in another teaching profession desired by the young person. For the continuation of the training, the following training places to be arranged by the labour market service are considered:

1.

a teaching position with a lecturer according to § 2 BAG or pursuant to § 2 (1) of the agricultural and forestry vocational training law,

2.

a training place in the context of an in-company apprenticeship,

3.

training by another measure, provided that the essential content of the profession of the teaching profession concerned is guaranteed and that the training objective essentially corresponds to those laid down in the examination regulations of this teaching profession. Requirements. "

7. The following paragraph 21 is added to § 78:

" (21) § 29 (3), § 31 (6), § 34 (8), § 34a, § 38d and § 38e in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 28 June 2008. "

Article 3

Amendment of the Youth Education Safety Act

The Youth Education Safety Act (JASG), BGBl. I n ° 91/1998, as last amended by the Federal Law BGBl. I n ° 114/2005, shall be amended as follows:

1. In the title, the parenthesis "(Youth Education Safety Act)" by the parenthesis expression "(Jugendausbildungs-backupgesetz-JASG)" replaced.

2. In accordance with § 8, the following § 9 together with the title is added:

" Transitional provisions

§ 9. (1) This Federal Act shall apply only to measures which commenced before the end of 31 December 2008 or which have been initiated before that date shall continue in accordance with Section 3 (8).

(2) For measures still in progress after the end of 31 December 2008, the amount of the special allowance for participants in the course of training according to § 3 (5) of 1 September 2008 shall be based on the level of the comparable participants during the training period. training allowances to be granted in training institutions. "

Article 4

Amendment of the Insolvency-Remuneration Assurance Act

The Insolvency Law on Remuneration Assurance (IESG), BGBl. No. 324/1977, as last amended by the Federal Law BGBl. I n ° 104/2007, as follows:

1 and 2, § 1b, § 3 (1) and (2), § 3a, § 3b, § 3c, § 3d (1) and (2), § 4, § 5 (4) and 5, § 6 (1) and (7), § 7 (2) and (8), § 8 (1), § 9 (1), § 10, § 13c. (1) and § 14a (1) and (2) shall become the name "Insolvency Outage Money" in each case by the name "Insolvency charges" replaced.

2. In Section 1 (5), the name shall be: "IAF-Service GmbH" by the name "Insolvency-Entgelt-Fonds-Service GmbH (IEF-Service GmbH)" replaced.

3. In § 1a (3) (2), § 5 (2) and (5), § 7 (2), § 10, § 13 (4) and 14 (1), (3) and (4), the designation shall be: "Insolvency-Downmoney-Fonds-Service GmbH" in each case by the name "IEF-Service GmbH" replaced.

4. In the title before § 3, in § 3 (3), § 4, § 7 (6) and § 11 (1), the title shall be: "Bankruptcy failure" in each case by the name "Bankruptcy Charges" replaced.

5. In § 5 (5), § 7 (6a) and 7 (7), § 8 (2), § 11 (1) and (3), § 12 (1) of the introduction, Z 1 and 4, para. 2 and 4, in the title before § 13, § 13 para. 1 and subsection 8 Z 5, § 13a (2), § 13b (1), § 14a (1) and § 16 (3), the Label "Bankruptcy-default fund" in each case by the name "Insolvency-pay-fund" replaced.

6. In the last sentence of § 6 (2), the term " "with the judicial entry note" .

7. In Section 11 (2), the name shall be: "Fund" by the name "Insolvency-pay-fund" replaced.

8. In § 12 (1) Z 4, the word "yearly" .

9. § 12 para. 2 Z 1 reads:

" 1.

, if the estimated cost of the current year or the following year is not covered, taking into account any reserves and the credit facilities provided for in Article 13 (3), "

Section 12 (6) reads as follows:

"(6) In the second half of the year, the Federal Minister for Economic Affairs and Labour shall examine whether the conditions for a change in the amount of the allowance pursuant to Section 1 (1) (4) are fulfilled within the meaning of the second paragraph of this Article."

11. § 12 (7).

12. In § 13 (2), the following sentence shall be inserted after the first sentence:

"The preliminary estimate shall be followed by a preview of the following year."

13. In § 13 (4a), § 14 (5) and § 14a the designation "IAF-Service GmbH" in each case by the name "IEF-Service GmbH" replaced.

14. In Section 13 (4a), the name shall be: "IAF-Service-GmbH-Gesetz (IAFG)" by the name "IEF-Service-GmbH-Gesetz (IEFG)" replaced.

15. § 13 (8) Z 2 reads:

" 2.

before preparation of the proposal, including the preview, the clearance of accounts and the business report as referred to in paragraph 2; "

16. According to § 13d, the following § 13e with headline is inserted:

" Contributions to the promotion of youth training and employment

§ 13e. (1) The bankruptcy fee fund has annually the federal government for the purpose of special promotion of the training and employment of young people by granting aid in accordance with § 19c of the Vocational Training Act (BAG), BGBl. No 142/1969, by the apprentice bodies (§ 19 BAG) to make available funds to the extent of the annual revenue generated in the case of a surcharge of 0.2 vH from the surcharges. If these funds are not fully utilized, they must be returned to an assigned reserve. In addition, the Federal Minister for Economic Affairs and Labour may instruct the insolvency fee fund to make further funds available for this purpose from existing financial assets.

(2) The insolvency fee fund has the federal government for the pro rata covering of the apprenticeship premium granted for the purpose of special promotion of the employment of apprentices according to § 108f EStG 1988 in the years 2008 to 2010 to the following:

1.

in 2008

113.75 million €;

2.

in 2009

€ 62.75 million €;

3.

in 2010

€ 29.75 million €.

This appropriation is to be attributed to the appropriations to be made available in accordance with paragraph 1, first sentence.

(3) Aquotations of the funds to be granted pursuant to para. 1 and 2 on the basis of the proposal pursuant to § 13 para. 2 shall be admissible. "

17. In § 14, the term "paragraph 5" shall be the name "IAFG" by the name "IEFG" replaced and the following paragraph 6 added:

" (6) The central coordination office for the control of illegal employment of the Federal Ministry of Finance is obligated, the IEF-Service GmbH and its offices all necessary for the performance of the tasks entrusted to the law Make available in a form which is technically suitable for IEF-Service GmbH, data which it has collected in the course of inspections or in the course of the management of the central administrative criminal order. "

18. In accordance with § 20, the following § 21 shall be added together with the heading:

" Entry into force and transitional provisions on the Novelle BGBl. I No 82/2008

§ 21. (1) § 6 para. 2 and § 13e in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 28 June 2008.

(2) § 12, § 13 para. 2 and paragraph 8 Z 2 in the version of the Federal Law BGBl. I n ° 82/2008 enter into force on 28 June 2008 and are to be applied for the first time in connection with the fixing of the allowance in accordance with Section 12 (1) Z 4 as of 2009.

(3) The replacement of the designations in § 1 (1), (3), (4a), (5) and (6), § 1a (1), (2) and (3) (2), in the title before § 1b, in § 1b (1) to (4), in the title before § 3, § 3 (1) to (3), § 3a (1) to (5), § 3b, § 3c, § 3d (1) Z 1 and 2 and paragraph 2, § 4, § 5, para. 4 and 5, § 6 para. 1 and 7, § 7 para. 2, 6, 6a, 7 and 8, § 8 para. 1 and 2, § 9 para. 1, § 10, § 11, § 12 para. 1 introduction sentence, Z 1 and Z 4, para. 2 and para. 4, in the title before § 13, in § 13 paragraph 1, para. 4, para. 4a and para. 8 Z 5, § 13a (2), § 13c (1), § 14 (1), (3), (4) and (5), § 14a, § 16 (3) and § 19 (4) as well as the application of Section 14 (6) by the Federal Law BGBl (Federal Law Gazette). I n ° 82/2008 will enter into force on 1 July 2008. '

Article 5

Change of Labour Market Policy-Finance Law

The Labour Market Policy-Financing Act (AMPFG), BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I n ° 104/2007, as follows:

1. § 1 para. 2 Z 2 reads:

" 2.

for financial services in accordance with the second part, 3. Main piece AMSG, according to the Employment Promotion Act (BeFG), BGBl. I n ° 114/2005, and in accordance with § § 19c and 19e of the Vocational Training Act (BAG), BGBl. No. 142/1969, "

Section 2 (7) reads as follows:

" (7) For apprentices who are in a training institution according to § 8b para. 14, § 30 or § 30b BAG or § 2 para. 4 of the Land-and forestry-Vocational Training Act, BGBl. No. 198/1990, the unemployment insurance contribution is to be borne by the means of the labour market policy. "

3. § 2 (8) reads:

" (8) For persons who are the 57. Have completed the year of life or 56 years of age. As from 1 July 2008, the unemployment insurance contribution shall be borne from the beginning of the calendar month following the attainment of the respective age of the unemployed from the unemployment insurance funds. "

(4) § 10 the following paragraphs 33 to 35 are added:

" (33) § 1 para. 2 Z 2 in the version of the Federal Law BGBl. I n ° 82/2008 enters into force with 28 June 2008.

(34) § 2 (7) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008 and shall apply from the end of the period July 2008.

(35) § 2 (8) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

5. The following paragraph 3 is added to § 12:

" (3) § 1 para. 2 Z 2 in the version of the Federal Law BGBl. I No 104/2007 shall apply with regard to the following entry into force of the Federal Law Gazette (BGBl). I n ° 82/2008 obligations arising from agreements under the Youth Training Safeguards Act (JASG), BGBl. I n ° 91/1998. '

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 ° 102/2007, is amended as follows:

1. (federal law directly applicable) In § 39m Abs 6 the expression "Operational Employee Welfare Act" by the expression "Operating staff and self-employment law" replaced.

2. (federal law directly applicable) Section 39k (7) will quote the " 5 and 6 " by quoting " 5, 6 and 6a " replaced.

3. (Policy determination) In accordance with § 132 Z 6 the following Z 6a is inserted:

" 6a.

by extraordinary resolution (§ 135); "

4. (Policy determination) In accordance with § 134, the following § 135 and heading is inserted:

" Training transfer

§ 135. (Policy determination) (1) Both the lecturer and the apprentice may have the teaching relationship at the end of the last day of the twelfth month and, in the case of teaching professions with a fixed duration of at least three years, at the end of the last day of the 24th The month of the apprenticeship is exceptionally disbanded unilaterally, subject to a one-month period. The execution legislation can exclude the resolution for certain reasons.

(2) Paragraph 1 shall not apply to training contracts according to § 11b LFBAG.

(3) The extraordinary dissolution of the teaching relationship by the lecturer shall only be effective if the person entitled to the teaching is the intended extraordinary resolution and the planned inclusion of a mediation procedure at the latest at the end of the Ninth or 21. It has been informed by the apprentice, the responsible apprentice and specialist training body and, if appropriate, the works council and, before the declaration of extraordinary dissolution, a mediation procedure has been carried out and has been terminated in accordance with paragraph 6. If the apprentice refuses to take part in the mediation process in writing, the prerequisite for the implementation and termination of a mediation procedure is no longer necessary. The apprentice can be revoked in writing by the apprentice within a period of 14 days. The communication has to contain the name of the apprentier, his address, his teaching profession, and the beginning and end of the apprenticeship. The Apprenticeship and specialised training centre has to inform the Landarbeiterkammer (Landarbeiterkammer) about the communication.

(4) The mediation procedure shall be subject to the Civil Law Mediation Act (ZivMediatG).

(5) The lecturer has to propose to the apprentice a person registered in the list according to § 8 ZivMediatG for the implementation of the mediation process. The apprentice may refuse the said person immediately. In this case, the lecturer has to propose two other persons registered in the list according to § 8 ZivMediatG, from which the apprentice has to select a person immediately. If the apprentice does not select a person, the initial proposal is accepted. The lecturer has the mediator at the latest at the end of the tenth month of the teaching or at the end of the 22nd To instruate the teaching month. In mediation, the apprentice, the apprentice, in the case of whose minor is also the legal representative and at the request of the apprentice, also a person of his trust must be included. The purpose of the mediation is to explain the problem situation for the participants in a comprehensible way and to discuss whether and under what conditions a continuation of the teaching relationship is possible. The costs of the mediation process must be borne by the lecturer.

(6) The mediation process is terminated when a result has been achieved. As a result, the willingness of the lecturer to continue the teaching relationship or the declaration of the apprentil, does not continue to insist on the continuation of the teaching relationship. The mediation process is also terminated when the mediator declares the mediation to be completed. In any case, the mediation procedure shall end with the beginning of the fifth working day before the end of the eleventh or 23. Teaching month, provided that at least one mediation interview has taken place with the participation of the lecturer or in the latter's representation of a person entrusted with the training of the apprentist.

(7) In the event of dissolution, the lecturer of the apprentil and specialised training body shall immediately inform the teacher of the extraordinary resolution of the teaching relationship immediately. The Apprenticeship and Training Centre shall immediately inform the regional office of the Labour Market Service of the declaration of extraordinary dissolution of a teaching relationship in order to ensure a smooth transition to training ,

(8) Special dismissal protection according to § 26f, § 26p, § 102, § 105, § 105l, § 223 and according to the Workplace Safety Act 1991 shall apply to the extraordinary resolution by the lecturer. The date of the declaration shall be the date of the resolution. § 24 shall apply to the extraordinary dissolution by the lecturer. "

5. (Policy determination) In Section 264 (2), the quote shall be: "§ 284 (3)" by quoting "§ 248 (3)" replaced.

6. (Policy determination) Section 284 (2) reads as follows:

" (2) (Policy determination) To the extent that the basic provisions of this Federal Act refer to other federal laws, these are to be applied in the following versions:

1.

Hausgehilfen-und Hausangestelltengesetz, BGBl. No. 235/1962, in the version of the Federal Law BGBl. I No 100/2002,

2.

Industrial Order 1994 (GewO 1994), BGBl. No. 194, in the version of the Federal Law BGBl. I No 8/2008,

3.

Executive order, RGBl. No. 79/1896, in the version of the Federal Law BGBl. I No 37/2008,

4.

General Social Security Act-ASVG, BGBl. No. 189/1955, in the version of the Federal Law BGBl. I No 101/2007,

5.

Income Tax Act 1988-EStG 1988, BGBl. No. 400, in the version of the Federal Law BGBl. I No 82/2008,

6.

Farmers-Social Security Act-BSVG, BGBl. No. 559/1978, in the version of the Federal Law BGBl. I No 101/2007,

7.

Industrial Social Security Act GSVG, BGBl. No. 560/1978, in the version of the Federal Law BGBl. I No 101/2007,

8.

General civil code, JGS No. 946/1811, in the version of the Federal Law BGBl. I No 113/2006,

9.

Civil Procedure Code-ZPO, RGBl. No. 120/1895, in the version of the Federal Law BGBl. I No 7/2006,

10.

General Pension Act (APG), BGBl. I n ° 142/2004, in the version of the Federal Law BGBl. I No 31/2007,

11.

Labor and Social Courts Act-ASGG, BGBl. No. 104/1985, in the version of the Federal Law BGBl. I No 82/2008,

12.

Federal law on the division of capital companies (gap G), BGBl. No. 304/1996, in the version of the Federal Law BGBl. I No 75/2006,

13.

Wehrgesetz 2001-WG 2001, BGBl. I n ° 146, in the version of the Federal Law BGBl. I No 17/2008,

14.

Civil Service Law 1986-ZDG, BGBl. No. 679, in the version of the Federal Law BGBl. I No 40/2006,

15.

Unemployment Insurance Act 1977 (AlVG), BGBl. No. 609, in the version of the Federal Law BGBl. I No 82/2008,

16.

Labour Market Promotion Act-AMFG, BGBl. No 31/1969, in the version of the Federal Law BGBl. I No 82/2008,

17.

Child Care Money Act (KBGG), BGBl. I n ° 103/2001, as amended by the Federal Law BGBl. I No 76/2007,

18.

Company employee and self-employment protection law-BMSVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 102/2007,

19.

Investment Fund Act-InvFG 1993, BGBl. No. 532/1993, in the version of the Federal Law BGBl. I No 60/2007,

20.

Pensionskassengesetz-PKG, BGBl. No. 281/1990, in the version of the Federal Law BGBl. I No 107/2007,

21.

Solemn Law 1957, BGBl. No. 153, in the version of the Federal Law BGBl. No 144/1983,

22.

Home Labor Act 1960, BGBl. No. 105/1961, in the version of the Federal Law BGBl. I No 98/2001,

23.

School teaching law 1986-SchUG, BGBl. No. 472, in the version of the Federal Law BGBl. I No 28/2008,

24.

School Organization Law, BGBl. No. 242/1962, in the version of the Federal Law BGBl. I No 26/2008,

25.

Victims ' Care Act, BGBl. No. 183/1947, in the version of the Federal Law BGBl. I No 16/2008,

26.

Development Cooperation Act (EZA-G), BGBl. I n ° 49/2002, as amended by the Federal Law BGBl. I No 65/2003,

27.

Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 13/2006,

28.

Plant Protection Products Act 1997, BGBl. I n ° 60, in the version of the Federal Law BGBl. I No 55/2007,

29.

Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, in the version of the Federal Law BGBl. No 43/2007,

30.

Biocide Products Act (Biocide G), BGBl. No 105/2000, in the version of the Federal Law BGBl. I No 151/2004,

31.

Workers ' Protection Act-ASchG, BGBl. No. 450/1994, in the version of the Federal Law BGBl. I No 147/2006,

32.

Medical Law 1998-Medical Law 1998, BGBl. I n ° 169, as amended by the Federal Law BGBl. I No 112/2007,

33.

Agricultural and Forestry Vocational Training Act-LFBAG, BGBl. No 298/1990, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 82/2008,

34.

Angestelltengesetz, BGBl. No 292/1921, in the version of the Federal Law BGBl. I No 35/2006,

35.

Law on property rights, BGBl. No. 538/1923, in the version of the Federal Law BGBl. I No 143/2004,

36.

Workplace-Backup Act 1991-APSG, BGBl. No. 683, in the version of the Federal Law BGBl. I No 56/2005,

37.

Stock Law 1965, BGBl. No. 98, in the version of the Federal Law BGBl. No 72/2007,

38.

GmbH-Gesetz-GmbHG, RGBl. No. 58/1906, in the version of the Federal Law BGBl. No 72/2007,

39.

Labour Constitutional Law, BGBl. No. 22/1974, in the version of the Federal Law BGBl. I No 77/2007,

40.

Corporate Code, dRGBl. No. 219/1897, in the version of the Federal Law BGBl. No 72/2007,

41.

National Council Electoral Regulations 1992, BGBl. No. 471, in the version of the Federal Law BGBl. I No 28/2007,

42.

SCE law, BGBl. I No 104/2006,

43.

Insurance Supervision Act, BGBl. No. 569/1978, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 107/2007,

44.

Family Law Balancing Act 1967, BGBl. No. 376, in the version of the Federal Law BGBl. I No 103/2007,

45.

Labour Market Policy-Financing Act-AMPFG, BGBl. No. 315/1994, in the version of the Federal Law BGBl. I No 82/2008,

46.

Civil Law-Mediations Act (ZivMediatG), BGBl. I No 29/2003. '

7. (Federal Law Applicable directly) The following paragraph 34 is added to Section 285:

" (34) (federal law directly applicable) The laws of execution of the Länder concerning § § 132 Z 6a, 135, 264 (2) and 284 (2) in the version of the Federal Law BGBl. I No 82/2008 shall be adopted within six months of the date on which the event is held. "

Article 7

Amendment of the agricultural and forestry vocational training law

The agricultural and forestry vocational training law, BGBl. No 298/1990, as last amended by the Federal Law BGBl. I n ° 46/2005, is amended as follows:

1. (Policy determination) Section 2 (4) and (5) reads:

" (4) Training facilities are institutions which have been granted the training of apprentices or who have been contracted by the Labour Market Service with the over-the-job teaching training.

(5) Apprentices are employees who, due to a teaching contract, are required to learn a teaching profession referred to in § 3 (2)

1.

in the case of a lecturer, who is trained and used in the course of this training, or

2.

to be trained in a training facility. "

2. (Policy determination) In Section 7a (2), Section 7b (4), Section 11f (2) and Section 15a, together with the title, the phrase shall be: "special independent training institution" each in the correct grammatical form by the word "Training facility" replaced.

3. (Policy determination) In accordance with Article 15a (1), the following paragraph 1a is inserted:

" (1a) A permit shall not be required if:

1.

the labour market service in accordance with the guidelines of the Administrative Board for Apprenticeship Training, which contain the implementing provisions of Section 2, comparable quality standards, a training institution with the over-the-job Teaching training, or

2.

On behalf of the Labour Market Service, individual persons are additionally trained in a training facility in a specific teaching profession, even if this is the case in the authorization provided for in § 15a (1), if applicable, or originally after Z 1 the contractually agreed number of apprenticeships for this teaching profession is exceeded. "

4. (Policy determination) Section 15a (4) reads as follows:

"(4) Section 6 of the Land Labour Act 1984, with the exception of section 125 (6) to (8) and § 135, is to be applied to training in training facilities."

5. (federal law directly applicable) The following paragraphs 5 and 6 are added to section 15a (1):

" (5) (federal law directly applicable) Persons who are trained in a training facility pursuant to para. 1 or 3 are persons in a teaching relationship (apprentices) within the meaning of Section 4 (1) (2) of the General Social Insurance Act (Social Insurance Act) and with regard to the Professional compulsory education. They are considered apprentices within the meaning of the 1977 Unemployment Insurance Act, the Insolvency Law and the Family Tax Equalization Act and are entitled to a training allowance, which is the basis for the assessment of the contribution of social security contributions.

(6) (federal law directly applicable) The labour market service has to inform the Federal Minister for Economic Affairs and Labour about the assignment of a training facility. "

6. (Federal Law Applicable directly) Section 22 (3) and (4) shall be replaced by the following paragraphs 3 to 5:

" (3) The implementing laws of the Länder to § § 2 para. 4 and 5, 5 para. 5, 7a, 7b, 11a, 11b, 11c para. 1, 11d to 11h, 11i para. 1, 12 para. 4, 14 Z 8, 15a and 16, in the version of the Federal Law BGBl. No 46/2005 shall be adopted within six months of the date of the date of the presentation of this Federal Law.

(4) The implementing laws of the Länder on § 2 (4) and (5), § 7a (2), § 7b (4), § 11f (2) and § 15a together with the title, in the version of the Federal Law BGBl. I No 82/2008 shall be adopted within six months of the date of the presentation of this Federal Law.

(5) § 15a (5) and (6) in the version of the Federal Law BGBl. I n ° 82/2008 enters into force with 28 June 2008. "

Article 8

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977 (AlVG), BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 104/2007, as follows:

(1) The following paragraph 8 is added to § 7:

" (8) A person who makes a training not exceeding the total duration of three months in accordance with § 12 para. 4, or on measures of retraining and retraining as well as for reintegration into the labour market on behalf of the labour market service pursuant to § 12 (5), the condition laid down in paragraph 3 (1) shall also be fulfilled if, on the basis of the training, it is only in a position less than the time limit laid down in paragraph 7 above for a working relationship. In any case, the remaining conditions, and in particular the willingness to work, must be fulfilled. "

2. In § 12 (4), after the expression "Three months" the expression "within a period of twelve months" inserted.

(3) The following paragraph 8 is added to § 14:

" (8) Other periods of insurance in the unemployment insurance scheme as set out in paragraph 4 (lit). a are only to be expected to the extent to which they have been paid for these contributions. "

4. In § 16 (2), the expression "Insolvency Outage Money" by the expression "Insolvency charges" and the expression "Bankruptcy-default fund" by the expression "Insolvency-pay-fund" replaced.

5. In § 19 (1), § 33 (4) and § 37, the term " "periods according to § 15 (3) to (5)" in each case by the expression "periods according to § 15 and in accordance with § 81 (10)" replaced.

(6) In § 20 (3), before the word "Person" the expression "in the common household with the unemployed person or the care of the unemployed person or the spouse (life endangerment)" inserted.

7. § 24 (2) reads:

" (2) If the award of the unemployment benefit was not justified by law, the granting of the allowance shall be revoked. If the calculation of the unemployment benefit was incorrect, the assessment should be corrected retrospectively. If the error of recognition or assessment is due to a failure of the Authority, the revocation or correction shall no longer be permissible after five years. "

8. In § 32 (6) and § 42 (5) the word order shall be "By way of derogation from paragraph 1, the contribution to health insurance in the years 2005 to 2007 is 7.5 vH, in 2008 7.65 vH" in each case by the word sequence "By way of derogation from paragraph 1, the contribution to health insurance is 7.5 vH in the years 2005 to 2007 and 7.65 vH in the years 2008 to 2013." replaced.

9. In § 33 (4), the expression "within three years" by the expression "within five years" replaced.

10. In § 36 paragraph 3 lit. B lit. d is the expression 'for the following 52 weeks' by the expression "for the following period of reference of 52 weeks" replaced.

11. In accordance with § 46 (3) Z 3 the following Z 4 is inserted:

" 4.

If the unemployed person has the circumstance of termination of his/her teaching relationship according to § 14 para. 2 lit. d of the Vocational Training Act (BAG), BGBl. No 142/1969, or § 132 Z 8 of the Landarbeitsgesetz 1984 (LAG), BGBl. No 287, the unemployment benefit shall be paid in the event of fulfilment of the other conditions from the first day of unemployment, provided that the unemployed person is informed or returned from the vocational school within one week from the date of receipt of the unemployment benefit. responsible regional office for the purpose of asserting the unemployment benefit. "

12. In § 69, the expression "(§ 31 (3) (15) of the ASVG)" by the expression " (§ 31 para. 4 Z 3 lit. b ASVG) " replaced.

Section 79 (94) of the first sentence reads as follows:

" § 3, § 4, § 11, § 12 para. 1, § 14 para. 4 lit. a, § 15 para. 1, 2, 5 and 8 and § 21 paragraph 1 in the version of the Federal Law BGBl. No 104/2007 as well as § 19 (1) and § 37 in the version of the Federal Law BGBl (Federal Law Gazette). I No 104/2007 and BGBl. I n ° 82/2008 is 1. Jänner 2009 in force and shall apply for claims made after the expiry of the 31 December 2008. "

14. § 79 (95) Z 2 reads:

" 2.

with 1. Jänner 2009 § 32 (6) and § 42 (5) in the version of the Federal Law BGBl. I n ° 82/2008. '

(15) The following paragraphs 96 to 98 are added to § 79:

" (96) § 7 para. 8, § 12 para. 4, § 16 para. 2, § 20 sec. 3, § 24 para. 2 and § 46 para. 3 in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008.

(97) § 36 para. 3 lit. B lit. d in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008 and shall apply to claims made after the end of 30 June 2008.

(98) Section 14 (8) and section 33 (4) in the version of the Federal Law BGBl. I n ° 82/2008 is 1. Jänner 2009 in force and shall apply for claims made after the end of 31 December 2008. "

Article 9

Amendment of the Special Support Act

The Special Support Act (SUG), BGBl. No. 642/1973, as last amended by the Federal Law BGBl. I n ° 101/2007, is amended as follows:

1. § 7 (4) reads:

"(4) By way of derogation from paragraph 1 Z 2, the contribution to health insurance in the years 2005 to 2007 shall be 7.5 vH and in the years 2008 to 2013 7.65 vH."

2. Art. V para. 20 Z 2 reads:

" 2.

with 1. Jänner 2009 § 7 paragraph 4 in the version of the Federal Law BGBl. I n ° 82/2008. '

Article 10

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 ° 104/2007, as follows:

1. In § 4 (3), the word "Vereinsstatutes" by the word "Statutes" replaced.

(2) The following paragraph 18 is added to § 53:

" (18) § 4 (3) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Article 11

Amendment of the Income Tax Act 1988

The Income Tax Act 1988, BGBl. No. 400, as last amended by the Federal Law BGBl. I n ° 65/2008, shall be amended as follows:

1. In § 3 (1) Z 5 lit. d is before the expression "and" the expression " Aid according to the Vocational Training Act, BGBl. No. 142/1969, " inserted.

2. In § 25 paragraph 1 Z 2 lit. e and in § 69 (6) Z 1 the expression "Insolvency Outage Money" in each case by the expression "Insolvency charges" replaced.

3. In § 25 paragraph 1 Z 2 lit. e and in § 69 (6) (1) and (2) the expression shall be "Bankruptcy-default fund" in each case by the expression "Insolvency-pay-fund" replaced.

4. In § 84 para. 1 Z 3 lit. b becomes the expression "IAF-Service GmbH" by the expression "IEF-Service GmbH" replaced.

5. The following paragraph 5 is added to § 108f:

" (5) A trainee training premium is only due to the training of apprentices on the basis of a teaching relationship which began before 28 June 2008. The apprentice training premium shall last for the calendar year (marketing year) 2012 applicable. "

6. In accordance with § 133, the following § 134 is added:

" § 134. (1) § 3 para. 1 Z 5 lit. d enters into force on 28 June 2008.

(2) § 25 para. 1 Z 2 lit. e, § 69 (6) (1) and (2) and § 84 (1) (3) (3) of the B in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Article 12

Amendment of the IAF-Service-GmbH-Act

The IAF-Service-GmbH-Gesetz (IAFG), BGBl. I n ° 88/2001, shall be amended as follows:

1. The short title of this federal law is "IEF-Service-GmbH-Gesetz" and the abbreviation "IEFG" .

2. The heading before § 1 reads:

"IEF-Service GmbH"

3. The previous text of § 1 shall be replaced by the sales designation "(1)". The following (2) and (3) are added:

"(2) The company established under the terms of section 1 under the company word" IAF-Service GmbH "shall receive the name" Insolvency-Entgelt-Fonds-Service Gesellschaft mit beschränkter Haftung "(Insolvency-Entgelt-Fonds-Service Gesellschaft mit beschränkter Haftung) and the company word" IEF-Service GmbH " as of 1 July 2008.

(3) The company shall be entitled to carry the federal coat of arms. "

4. In § 3 (3) and (4) as well as in § 4 (1), the name shall be: "Bankruptcy-default fund" in each case by the name "Insolvency-pay-fund" replaced.

(5) The following paragraph 10 is added to § 20:

"(10) From 1 July 2008 the" Office of IAF-Service GmbH "shall receive the designation" Office of IEF-Service GmbH "."

6. In accordance with § 28, the following § 29 shall be added together with the heading:

" Final provisions on Novelle BGBl. I No 82/2008

§ 29. (1) The short title "IEF-Service-GmbH-Gesetz" and the abbreviation "IEFG" as well as § 1 including the title, § 3 (3) and (4), § 4 (1) and § 20 (10) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008.

(2) The management has to notify the company's renaming of the company immediately for registration in the company's book. "

Article 13

Amendment of the Labour Force Act on Labour Force

The Labour Force Transfer Act, BGBl. No. 196/1988, as last amended by the Federal Law BGBl. I No 104/2005, shall be amended as follows:

1. In Section 14 (3), the name shall be: "Insolvency Outage Money" by the name "Insolvency charges" replaced.

(2) The following paragraph 11 is added to Article 23:

" (11) § 14 (3) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Article 14

Amendment of the Labour and Social Court Act

The Labour and Social Courts Act (ASGG), BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I n ° 102/2007, is amended as follows:

1. In Section 40 (1) (4) and Section 66 (1), the name shall be: "Insolvency-Downmoney-Fonds-Service GmbH" in each case by the name "Insolvency-Entgelt-Fonds-Service GmbH" replaced.

2. In § 65 (1) Z 7, the name shall be: "Insolvency Outage Money" by the name "Insolvency charges" replaced.

3. In accordance with § 98 (18), the following paragraph 19 is added:

" (19) § 40 (1) (4), § 65 (1) (7) and § 66 (1), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 82/2008 will enter into force on 1 July 2008. '

Article 15

Amendment of the Law on the Law of the State

The Law on Operations, BGBl. No 282/1990, as last amended by the Federal Law BGBl. I No 8/2005, shall be amended as follows:

1. In Section 11 (3), the name shall be: "Bankruptcy-default fund" in each case by the name "Insolvency-pay-fund" replaced.

2. The following Z 8 shall be added to Article VI (1):

" 8.

Section 11 (3) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Article 16

Amendment of the Rules of Conkurt

The bankruptcy order, RGBl. No 337/1914, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 18/2007, is hereby amended as follows:

1. In § 104 (1), the name shall be: "Insolvency Outage Money" by the name "Insolvency charges" and the name "Insolvency-Downmoney-Fonds-Service GmbH" by the name "Insolvency-Entgelt-Fonds-Service GmbH" replaced and the expression "Reasoned Opinion" No.

2. The following paragraph 6 is added to § 254 (5):

" (6) § 104 (1) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Article 17

Amendment of the Executive Order

The executive order, RGBl. No 79/1896, as last amended by the Executive Order-Novelle 2008, BGBl. I n ° 37, shall be amended as follows:

(1) In § 290a (3), the name shall be: "Insolvency Outage Money" by the name "Insolvency charges" replaced.

2. In accordance with § 410, the following § 411 and heading is added:

" Entry into force and transitional provisions on the Novelle BGBl. I No 82/2008

§ 411. Section 290a (3) in the version of the Federal Law BGBl. I n ° 82/2008 will enter into force on 1 July 2008. '

Fischer

Gusenbauer