43. Federal Constitutional Law, with the transitional provisions for the promotion of the legalization of care and care in private households are enacted (Care Constitutional Law)

The National Council has decided:

Scope

§ 1. This Federal Constitutional Law applies to the care and care of persons in private households in the context of self-employed or self-employed employment, if:

1.		the person to be cared for or to be cared for, or a member of the employer, or an employer, and
2.		the person to be cared for or to be cared for in accordance with the Federal Nursing Money Act, BGBl. No 110/1993, or in accordance with the State Care Money Laws and/or to a similar performance.

Suspension of administrative criminal provisions

§ 2. (1) The following provisions shall not apply in the periods referred to in paragraph 3:

1.		§ 23 of the Hausgehilfen-und Hausangestelltengesetz, BGBl. No 235/1962;
2.		§ 3 (5) of the House Care Act, BGBl. I No 33/2007;
3.		§ 13 of the Federal Act concerning the unification of the holiday right and the introduction of a nursing exemption, BGBl. No 390/1976;
4.		Section 28 of the Foreigners Employment Act, BGBl. No 218/1975;
5.		Section 22 of the Labour force transfer law, BGBl. No 196/1988, provided that the act was committed by the person to be cared for or cared for, or by their relatives;
6.		Section 366 (1) Z 1 of the 1994 Commercial Code, BGBl. 194;
7.		§ § 111 to 113 of the General Social Insurance Act (ASVG), BGBl. No 189/1955;
8.		§ 23 of the Industrial Social Insurance Act (GSVG), BGBl. No 560/1978;
9.		§ § 33, 34 and 49 to 51 of the Financial Criminal Law, BGBl. No 129/1958;
10.		Section 217 of the Federal Tax Code (BAO), Federal Law Gazette (BGBl). No. 194/1961.

(2) Anyone who is within the scope of this Federal Constitutional Law in the periods referred to in paragraph 3

1.		one under § § 14 to 16 and 84 of the Health and Health Care Act (GuKG), BGBl. I n ° 108/1997, has been or has been engaged in falling activity without being entitled to be (have) been entitled to:
2.		A person who is not entitled to do so, has been or is entitled to an activity covered by Articles 14 to 16 and 84 of the German Civil Act (GuKG),
is not to be punished for this.

(3) The legislation referred to in paragraph 1 shall not apply:

1.		on administrative transgressions or financial misappropriation before the 1. January 2008, and
2.		on administrative transgressions or financial offences committed after 31 December 2007 but before 1 July 2008, if until 30 June 2008 a social security declaration or an indication of the circumstances of a personal or personal nature The competent tax office (§ 120 BAO) shall be the basis for the duty to tax duties.

(4) End administrative proceedings for the transfer of the legislation referred to in paragraph 1 above are

1.		in the case of paragraph 3 (1);
2.		in the case referred to in paragraph 3 (2), to cease to apply to the administrative criminal authority with the entry of the proof of registration for social security.

(5) Paragraph 4 applies analogously to administrative criminal proceedings as a result of unauthorised pursuit of activities within the meaning of paragraph 2 Z 1 or use thereof within the meaning of paragraph 2 (2) (2).

Limitation of contributions and charges

§ 3. (1) By way of derogation from Section 68 (1) of the ASVG and Article 40 (1) of the GSVG, the right to determine the obligation to pay contributions shall be forfeited on the basis of a prior to the first period of 1 January 2008. Jänner 2008 pursuant to § 1 with the expiry of 31 December 2007, if:

1.		the social security declaration shall be made by 30 June 2008 at the latest, or
2.		the activity before the 1. Jänner 2008 ended.

(2) By way of derogation from Section 68 (2) of the ASVG and Article 40 (2) of the GSVG, the right to claim the debt owed shall be subject to limitation on the basis of a prior to the 1. Jänner 2008 carried out in accordance with § 1 with the expiry of 31 December 2007.

(3) In the case of the statute of limitations pursuant to paragraphs 1 and 2, no contribution periods are incurred in accordance with § 225 (1) Z 1 lit. a ASVG and no insurance periods in unemployment insurance.

(4) Claims for sickness and accident insurance cash benefits derived from insurance cases which have occurred during an activity according to § 1 and for which no contributions are paid shall be excluded.

(5) The provisions of paragraphs 1 and 2 shall apply mutatily to claims for duties.

Registration for social security

§ 4. By way of derogation from § 33 (1) and (1a) of the ASVG and Section 18 (1) of the GSVG, the obligation to register until the end of June 30, 2008 is also fulfilled in the case of activities according to § 1, even if the application is immediately after entering or after the introduction of the The procedure for the determination of compulsory insurance is carried out.

References

§ 5. Insofar as other federal laws are referred to in this Federal Constitutional Law, these are to be applied in the version in force.

External force and enforcement

§ 6. (1) This Federal Constitutional Law shall expire on the expiry of 30 June 2008. However, it should continue to be applied to situations which have occurred before that date.

(2) The enforcement of § 2 shall be entrusted to:

1.		the Federal Minister of Economics and Labour with regard to the legislation referred to in § 2 (1) (1) (1) to (6);
2.		the Federal Minister for Social Affairs and Consumer Protection with regard to the legislation referred to in § 2 (1) (1) (7) and (8);
3.		The Federal Minister for Health, Family and Youth with regard to § 2 (2) and (5);
4.		the Federal Minister of Finance and the Federal Minister for Justice with regard to the legislation referred to in § 2 (1) (9) (9);
5.		the Federal Minister of Finance with regard to the legislation referred to in Article 2 (1) (10) (10).

(3) The enforcement of § 3 shall be entrusted to:

1.		the Federal Minister for Economic Affairs and Labour with regard to unemployment insurance;
2.		the Federal Minister for Social Affairs and Consumer Protection with regard to section 3 (1) to (3);
3.		The Federal Minister for Health, Family and Youth with regard to § 3 (4);
4.		The Federal Minister of Finance with regard to Section 3 (5).

(4) The Federal Minister for Social Affairs and Consumer Protection shall be responsible for the enforcement of § 4.

Fischer

Gusenbauer