104. Federal Law, with which the Employment Insurance Act 1977, the Labour Market Policy-Finance Act, the Labour Market Promotion Act, the Labour Market Service Act, the Labour Contract Law Adaptation Act, the Insolvency protection law and the income tax law will be amended

The National Council has decided:

Article 1

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I No 131/2006 is amended as follows:

1. § 1 (1) (lit). e is:

" e)			Persons who are citizens of Austria (such as nationals of a Member State of the Agreement on the European Economic Area or Switzerland) and in accordance with the Development Helpers Act, BGBl. No 574/1983, by a development aid organisation in the context of development aid, as development aid workers or experts, '

2. § 1 para. 1 lit. h is:

" h)			Time soldiers, in so far as they are entitled to vocational training (§ 63 of the Defensive Act 2001, BGBl. I n ° 146), in the last year of their military service as time soldiers, "

3. § 1 para. 2 lit. e is:

" e)			Persons who are the minimum age or the 60 for an age-related period. have been completed or have already been awarded a benefit referred to in Article 22 (1) before this age, from the beginning of the following calendar month. "

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

" (8) Free service users within the meaning of Section 4 (4) of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, are service holders equal. "

§ 3 and title shall be as follows:

" Unemployment insurance of self-employed workers

§ 3. (1) Persons in employment who are subject to compulsory insurance in the pension insurance scheme under the GSVG as a result of gainful employment, or who are exempt from this compulsory insurance pursuant to Article 5 of the GSVG, may, in accordance with the following conditions: Provisions in unemployment insurance are included if they are not based on their age in accordance with § 1 para. 2 lit. e are exempt from the unemployment insurance obligation.

(2) Persons who fulfil the conditions laid down in paragraph 1 shall be included in the unemployment insurance scheme if they declare their entry into the unemployment insurance scheme in due time. These persons are from the social security institution of the commercial economy immediately after the notification or other information of the compulsory insurance in the pension insurance or the exception of the compulsory insurance pursuant to § 5 GSVG in writing to the relevant circumstances of inclusion in unemployment insurance, in particular the period allowed for admission to unemployment insurance, the period of validity of the decision for or against the inclusion and the The choice of contribution basis should be indicated.

(3) The period of entry into the unemployment insurance pursuant to para. 2 shall be six months from the date of the agreement by the social security institution of the commercial economy. The entry must be notified in writing. If entry into the unemployment insurance scheme is notified within three months from the date of the agreement, the inclusion in the unemployment insurance scheme shall be made from the start of compulsory insurance in the pension insurance scheme or the exemption thereof. from the compulsory insurance in accordance with § 5 GSVG, at the earliest from 1. Jänner 2009, in other cases from the beginning of the calendar month following the receipt of the notice. If employed persons are included retroactively in the compulsory insurance in the pension insurance scheme, the inclusion in the unemployment insurance scheme shall be carried out only if there is also an ongoing compulsory insurance, and at the earliest from the date of the start of the the determination of compulsory insurance in the pension insurance scheme of the following calendar months.

(4) Persons who declare admission to unemployment insurance shall select one of the contribution bases to be selected in accordance with § 2 AMPFG. The selected contribution basis shall apply from the start of inclusion in the unemployment insurance scheme. The inclusion in the unemployment insurance and the selected contribution basis shall apply, to the extent that there is no allowed exit, for all (future) periods in which the conditions of paragraph 1 are met.

(5) Persons whose unprotected entry into the unemployment insurance scheme or their withdrawal from the unemployment insurance scheme is eight years or a multiple of eight years can (recently) be included in the unemployment insurance scheme shall be included. The application is to be submitted to the social security institution of the commercial economy within six months of the end of the (last) eight-year binding period. The period of six months shall cover periods in which the conditions laid down in paragraph 1 do not exist. The (new) inclusion in the unemployment insurance scheme shall take place from the date on which the conditions are fulfilled, at the earliest with the beginning of the following calendar month.

(6) Persons whose (most recent) inclusion in the unemployment insurance pursuant to para. 1 or par. 5 is eight years or a multiple of eight years may emerge from the unemployment insurance. The exit shall be notified to the social security institution of the commercial economy within six months of the end of the (last) eight-year binding period. The period of six months shall cover periods in which the conditions laid down in paragraph 1 do not exist. Unemployment insurance shall end with the end of the calendar month following the notification of the exit.

(7) For the implementation of unemployment insurance within the meaning of para. 1 to 6, to the extent that it is the responsibility of health insurance institutions for compulsory insured persons in the unemployment insurance scheme (such as in particular the determination of the insurance scheme, which: The social security institution of the commercial economy is responsible for the collection of contributions and the removal of contributions. Insofar as this federal law or the AMPFG does not contain any deviating regulations, the social insurance legislation applicable by the respective social insurance institution shall apply.

(8) Persons who are in accordance with the Federal Constitutional Law on cooperation and solidarity in the posting of units and individuals abroad (CFE-BVG), BGBl. I n ° 38/1997, sent to other countries, are admitted to the unemployment insurance scheme. The Federal Minister for Economic Affairs and Labour may, by means of a regulation, allow further groups of persons who are in the interest of Austria to provide assistance abroad for unemployment insurance. The unemployment insurance of these persons begins with the application, at the earliest from the beginning of the activity, and ends with the end of the activity. The Wiener Gebietskrankenkasse is responsible for the implementation of the unemployment insurance of these persons. "

6. § 4 together with headline:

" Reports on unemployment insurance

§ 4. (1) Employers and self-employed persons, as well as persons included in the unemployment insurance scheme in accordance with § 3, shall be obliged to inform the competent social security institution of all the data relevant to the implementation of the unemployment insurance.

(2) The person employed subject to unemployment insurance shall reimburse the notifications prescribed in accordance with paragraph 1 if:

1.		the employer enjoys the privileges of extraterritoriality or if, in connection with an intergovernmental contract or the membership of Austria, the service provider enjoys special privileges or immunities with an international organisation or,
2.		the service provider does not have a permanent establishment (branch office, office, defeat) in Germany, and there is no obligation to notify the company.

(3) The registration and reporting of persons liable to unemployment insurance for statutory health insurance shall also be considered as reports on unemployment insurance. "

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

" (7) Employment normally offered on the labour market, which corresponds to the statutory and collective contractual conditions, is a working relationship with a weekly normal working time of at least 20 hours. Persons with child-care obligations for children up to the age of 10 years of age or disabled children, for which there is proof that there is no longer possibility of supervision, fulfil the condition laid down in paragraph 3 (1) even if they are committed to: Maintain a working relationship with a weekly normal working time of at least 16 hours. "

8. § 9 (1) and (2) reads as follows:

" (1) Working willingly, who is willing to work through the regional office or a labour market service representative, the employment agency in accordance with the provisions of § § 2 to 7 of the Labour Market Promotion Act (AMFG), BGBl. No 31/1969, to accept reasonable employment in a employment relationship as a service provider in the sense of § 4 (2) of the ASVG, to retrain or retrain for the purpose of vocational training, to take part in a measure relating to -to participate in the labour market, to make use of an otherwise available work possibility and to make every effort to obtain employment, in so far as it is appropriate to: Personal skills are reasonable.

(2) An employment is reasonable if it is appropriate to the physical abilities of the unemployed person, does not endanger their health and morality, is appropriately rewarded, in an operation not affected by strike or lockout. , can be reached within a reasonable period of time, or a suitable accommodation is available at the place of work, as well as legal supervision obligations can be observed. In principle, a remuneration corresponding at least to the relevant standards of collective redress shall be deemed to be appropriate remuneration. In any case, the reasonable daily departure time for a return journey is one and a half hours and, in the case of full-time employment, in any case, two hours. It is only in particular circumstances, in particular when people living in the place of residence have to have a longer journey to the workplace, or particularly favourable working conditions, that the journey times are substantially higher than those of the residence. reasonable. "

9. The following paragraphs 7 and 8 are added to § 9:

" (7) As employment, without prejudice to the necessary assessment of the reasonableness on a case-by-case basis, also an employment relationship in the context of a social economy operation (SÖB) or an employment relationship in the labour market is also considered to be a Non-profit employment project (GBP), in so far as it complies with labour law and the quality standards laid down in the Directives of the Management Board. Within the framework of these quality standards, the necessary social pedagogical support, the objective of the theoretical and practical training associated with the employment relationship, and in the case of the To determine the allowable extent of non-registration periods and the use of periods of non-admission to training and support purposes.

(8) If work trials take place in the course of measures taken by the Labour Market Service, these working tests shall be in accordance with the quality standards laid down in the guidelines of the Administrative Board. Work trials may be used only for the purpose of checking existing knowledge and skills acquired in the course of the measure, as well as the possibilities for use in an establishment, and shall not exceed a period of time appropriate to those objectives. In the case of measures for reintegration into the labour market, the labour market service of the unemployed person shall indicate the reasons for participation in such a measure as being necessary to improve the chances of re-employment, or be made useful, as far as these are not due to circumstances such as, in particular, longer unemployment in connection with certain problems already discussed in the care plan (§ 38c AMSG), which are a successful one To prevent work being taken, as it is known to be accepted. A measure for reintegration may also be aimed at personal assistance in seeking work. "

10. In § 10 (1) (1) (1), after the expression "Business Unit" the expression "or a service representative appointed by the Labour Market Service, in accordance with the provisions of § § 2 to 7 AMFG implementing service providers" inserted.

11. § 11 reads:

" § 11. (1) unemployed persons whose employment relationship has been terminated as a result of their own debt or who have voluntarily resolved their employment relationship shall not be granted for a period of four weeks, calculated from the date of termination of the service; no Unemployment benefit. This also applies to persons insured in accordance with § 3, whose employment has been terminated as a result of their own debt or voluntarily.

(2) The exclusion from the receipt of the unemployment benefit is in cases worthy of consideration, such as for admission of another employment, voluntary termination of an employment relationship or a gainful employment of compelling health Reasons for or cessation of gainful employment due to the threat of over-indebtedness or inability to pay or, in the case of seasonal addiction, due to the end of the season, after consultation of the Regional Advisory Council. "

12. § 12 (1) reads:

" (1) unemployed, who

1.		a (employed or self-employed) employment (employment) has ended,
2.		is no longer subject to compulsory insurance in the pension insurance scheme or is exclusively subject to the continued existence of compulsory insurance for the period, for the compensation for dismissal, or for a replacement for the period of A holiday fee or a holiday settlement is granted (§ 16 para. 1 lit. (k) and (l), and
3.		does not carry out any new or any other (employed or self-employed) employment. "

13. § 12 (4) reads:

" (4) By way of derogation from paragraph 3 lit. f is considered to be unemployed during an apprenticeship, who makes a training not exceeding the total duration of three months or who fulfils the conditions laid down in § 14 (1), first sentence, with the proviso that they are not subject to a framework period of time The use of training periods according to Article 15 (1) (4) is fulfilled and the first time the unemployment benefit is used during the training period. In the event of repeated use during an apprenticeship, fulfilment of the requirements of § 14 is sufficient. "

14. § 14 (1) reads as follows:

" (1) For the first time the unemployment benefit has been used for the first time, the non-unemployment benefit is fulfilled if the unemployed person is subject to unemployment insurance for a total of 52 weeks in the last 24 months before the claim (frame period) has been made. has been busy. However, it is an unemployed person who has received unemployment benefits before the 25. In the last twelve months, the unemployed person is entitled to unemployment benefit even if the unemployed person has to pay for a total of 26 weeks in the country for a total of 26 weeks in advance of the claim (frame period) has been busy. "

15. In § 14 para. 4 lit. a is the expression "times of self-insurance" by the expression "other times of insurance" replaced.

16. In § 15 (1) and (2) as well as in § 37, the expression "Three Years" in each case by the expression "Five Years" replaced.

17. § 15 para. 3 Z 5 reads:

" 5.		has nurtured a disabled child and either according to § 18a ASVG or according to § 8 para. 1 Z 2 lit. g ASVG, § 3 paragraph 3 Z 4 GSVG or § 4a Z 4 BSVG in the pension insurance scheme was insured or replacement times for children's education pursuant to § 227a ASVG; "

18. § 15 (5) reads:

" (5) The frame period extends for periods of periods of compulsory insurance under the pension insurance scheme or excluded in accordance with Article 5 of the GSVG from compulsory insurance in the pension insurance scheme, if at least five years of employment subject to unemployment insurance. In other cases, the reference period shall be extended by a maximum of five years for periods of periods of compulsory insurance in the pension insurance scheme or excluded from compulsory insurance in the pension insurance scheme in accordance with Article 5 of the GSVG. gainful employment. "

19. The following paragraph 8 is added to § 15:

" (8) The frame period shall be extended for periods of periods of employment abroad which are to be taken into account in the pension insurance scheme under an intergovernmental agreement, if, at least five years before that, Employment subject to unemployment insurance. In the other cases, the reference period shall be extended by a maximum period of five years for periods of periods of employment abroad which are to be taken into account in the pension insurance scheme due to an intergovernmental agreement. "

20. The following paragraph 3 is added to § 17:

" (3) If the omission of a timely application to an error of the authority that can trigger official liability consequences, such as a lack or incorrect information, is to be returned, the competent national office may be responsible for the failure of the competent authority to regional office, taking into account the appropriateness and prospects of success in an official liability procedure for granting unemployment benefits from an earlier date, from which the remaining conditions for the Grant of the service shall be granted. "

21. In § 19, paragraph 1, in the lit. a the expression "within a period of three years" by the expression "Within a time period of five years" replaced and in the last sentence of the expression "§ 15 (3) to (5)" by the expression "§ 15 (3) to (5) and (8)" replaced.

22. § 20 (2) and (3) are:

" (2) Family surcharges shall be granted to children and grandchildren, stepchildren, elective children and foster children, if the unemployed person actually contributes significantly to the maintenance of their respective relatives and is entitled to family allowance for the same.

(3) Family surcharges shall be granted to spouses (persons at risk of life) who do not earn an income exceeding the limit of the de minimis of Section 5 (2) of the ASVG for the calendar month, if the unemployed person actually substantially exceeds the limit of the calendar month and at least one family supplement shall be granted in accordance with paragraph 2 for a person who is a minor or for which a family allowance for disability is due. "

23. § 20 (5) deleted.

24. The following sentences are added to section 21 (1):

" For persons who were insured pursuant to § 3, the corresponding annual contributions are to be used in the unemployment insurance scheme. The total contribution basis shall be used for meetings of annual contributions from unemployment insurance contributions subject to the annual contribution basis on the basis of the insurance in accordance with § 3. "

25. In § 23 (6) the expression "§ 73 para. 2 ASVG" by the expression "§ 42 (1) in conjunction with Section 42 (5)" replaced.

26. § 25 (2) second sentence reads:

" The unemployment allowance (the emergency aid) for at least four weeks is to be recovered. "

27. § 26 (1) reads:

" (1) Persons who have an educational karence according to § 11 or an exemption against the removal of the remuneration in accordance with § 12 of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, and fulfil the eligibility for unemployment benefit, a further training allowance in the amount of the unemployment benefit is due for the agreed duration, but at least in the amount of the child care allowance according to § 3 (1) KBGG, in compliance with the following conditions:

1.		In the case of an educational karence according to § 11 AVRAG, participation in a further training measure, which is essentially the duration of the education karence, must be demonstrated. The extent of the training must be at least 20 hours per week, in the case of persons with child-care obligations, up to the age of seven, for which there is no longer-term care, at least 16 hours per week . If the training measure comprises only a lower number of hours per week, it must be demonstrated that, in order to achieve the training target, additional learning and training times are required to an extent that a comparable time period is required for a comparable period of time. Load. A practical training must not take place with the carving employer, unless the training is only possible there. Within a frame period of four years, a total of one year of further training allowance can be obtained for a total of one year. If the continuing training course takes place in parts, the further training allowance can be continued within a frame period of four years.
2.		In the case of an exemption against the removal of the remuneration in accordance with § 12 AVRAG, it is necessary to establish the recruitment of a non-only working replacement worker who has previously received unemployment benefit or emergency assistance. "

28. § 26a.

29. § 41 (3) reads:

"(3) Performance recipients who are ill or are in the state of administration during the payment of benefits under this federal law shall be due in the first three days of the disease or in the administration of the administration of the previously related benefit."

30. The following paragraph 8 is added to § 66a:

" (8) The insurance obligation in accordance with paragraph 2 does not apply to the extent that the punitive persons or persons accommodated as employees according to § 1 paragraph 2 lit. e would be exempt from the insurance obligation pursuant to Article 1 (1). In this case, § 14 para. 4 lit. (f) to apply to the place of the periods of paid employment the periods of fulfilment of the duty to work. "

31. The following paragraphs are added to § 79:

" (90) § 15 para. 3 Z 5 in the version of the Federal Law BGBl. I No 104/2007 will enter into force retroactively with 1 July 2006. Section 23 (6) in the version of the Federal Law BGBl. I No 104/2007 Occurs retrospectively with 1. Jänner 2005 in force.

(91) § 1 para. 2 lit. e and paragraph 8, § 7 (7), § 9 para. 1, 2, 7 and 8, § 10 paragraph 1 Z 1, § 12 with the exception of paragraph 1, section 14 (1), section 17 (3) and § 66a (8) in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force. In front of the 1. Jänner 2008 claims to be subject to § 14 (1) in the version in force until the end of 31 December 2007.

(92) § 1 para. 1 lit. e and h, § 20, § 25 (2) and § 41 (3) in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force and shall apply to facts which occur after the end of 31 December 2007.

(93) § 26 (1) in the version of the Federal Law BGBl. I No 104/2007 shall enter into force 1. January 2008 in force and applies in respect of the level of continuing education and training as well as for ongoing references, but with regard to the amended conditions of eligibility, however, only for investments after the 31 December 2007.

(94) § § 3, 4, 11, 12 para. 1, 14 para. 4 lit. a, 15 para. 1, 2, 5 and 8, 19 para. 1 lit. a, 21 para. 1 and 37 in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2009 in force and shall apply for claims made after the expiry of the 31 December 2008. In front of the 1. Any claims made in January 2009 shall be subject to these provisions in the version in force until 31 December 2008. "

32. In § 80 (10) the expression "2007" by the expression "2008" replaced.

(33) The following paragraph 13 is added to § 80:

"(13) § 26a shall expire on 31 December 2007."

34. The following paragraph 14 is added to § 80:

" (14) The regulation of the Federal Minister of Labour and Social Affairs on the admission of persons who provide assistance abroad in the interest of Austria to voluntary self-insurance in unemployment insurance, BGBl. No 519/1989, enters into force on 31 December 2008. Persons insured in the unemployment insurance scheme on 31 December 2008 pursuant to this Regulation shall be from 1. Jänner 2009 pursuant to § 3 paragraph 8 in the version of the Federal Law BGBl. I n ° 104/2007 in the unemployment insurance scheme. "

35. The following paragraphs 10 and 11 are added to § 81:

" (10) For persons who are prior to the 1. In 2009, both periods of insurance in the unemployment insurance scheme have been acquired and periods of paid employment according to the GSVG or BSVG have been extended, the frame period shall be extended by periods of one year. Employment subject to health insurance in accordance with the GSVG or BSVG.

(11) For persons who fulfil the conditions set out in § 3 (1) in 2009 and whose employment is already before the 1. January 2009 has begun, the period ends in accordance with § 3 (3), first sentence, with the end of 2009. "

36. In § 83, prior to the previous text, the sales designation "(1)" and the following paragraphs 2 and 3 shall be added:

" (2) The Federal Minister for Economic Affairs and Labour has to ensure that the effects of the indefinite period of post-freezing order in accordance with § 15 paragraph 5 two years after the entry into force of this provision in the version of the Federal Law BGBl. I No 104/2007.

(3) The Federal Minister for Economic Affairs and Labour has to ensure that the impact of the New regulation of § 12 para. 4 by the Federal Law BGBl. I No 104/2007 one year after the Entry into force. "

Article 2

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. No 24/2007, is hereby amended as follows:

1. In § 1 (2), the term " "and" at the end of the Z 12, the previous Z 13 is designated as Z 14 and the following Z 13 is inserted:

" 13.		for contributions in accordance with § 7 para. 6a of the Operating Staff and Self-Employed-precautionary Law (BMSVG), BGBl. I n ° 100/2002, and according to Article 39k of the Landarbeitsgesetz 1984, BGBl. No. 287, for beneficiaries of training allowances and "

2. § 2 (1) reads:

" (1) For the financing of the labour market policy of the Federal Government, an unemployment insurance contribution shall be made by all persons who are entitled to unemployment insurance in accordance with Article 1 of the 1977 unemployment insurance act (AlVG) or the unemployment insurance scheme under § 3 of the AlVG (AlVG), and persons insured under the authority of the service providers. The unemployment insurance contribution amounts to 6 vH of the contribution basis. The contribution basis for compulsory insured persons is the same as that under the General Social Insurance Act (ASVG), BGBl. No 189/1955, valid general contribution basis up to the level of the maximum contribution basis laid down in accordance with Article 45 of the ASVG. The contribution basis for persons insured pursuant to Section 3 (1) of the AlVG is a quarter, half or three-quarters of the maximum contribution basis according to § 48 of the Industrial Social Insurance Act (GSVG), BGBl. No 560/1978. If for persons insured pursuant to Section 3 (8) of the AlVG there is no remuneration within the meaning of Article 49 of the ASVG, the three-fold amount of the person insured pursuant to § 44 (6) (6) of the ASVG is not available. c ASVG as a daily work service. "

3. § 2 (5) reads:

" (5) The unemployment insurance contribution shall be borne entirely by the self-employed and by other persons insured pursuant to § 3 of the AlVG. Half of the contribution to the self-employed Pecher is to be reimbursed by the owners of the forests in which the resin products are obtained. "

4. § 4 reads:

" § 4. (1) For the unemployment insurance contribution (§ 2 para. 1) and for the special contribution (§ 2 para. 2) of the persons insured with care, the provisions of the statutory health insurance apply to the deduction of the insurance contribution from the fee.

(2) Insofar as the contribution is not to be paid by the employer, the insured persons shall have to pay the unemployment insurance contribution (special contribution) to the competent insurance institution. In accordance with Article 2 (6) of the insured person, the employer has to reimburse half of the unemployment insurance contribution (special contribution) if the insured person is entitled to compensation within two months of the proof of payment of the respective person. Charges shall be claimed.

(3) No contribution to unemployment insurance shall be made for the time of the presence or training or civil service. "

5. § 5 reads:

" § 5. (1) The contributions in accordance with § 2 shall be raised by the competent social insurance institutions, in so far as they are contributions of persons insured with compulsory health insurance, together with the contribution to health insurance. For the contributions of persons insured by compulsory insurance and in accordance with Section 3 (8) of the AlVG insured persons, the health insurance legislation applicable to the calculation, due date, Deposit, recovery, contribution surcharges, security, limitation and recovery of compulsory contributions, provided that the contributions to the sickness insurance scheme are replaced by contributions to the unemployment insurance scheme, as far as the contributions to the sickness insurance scheme are Federal legislation does not give way to any other derogation. For the contributions according to § 3 of the AlVG insurers of self-employed persons employed persons of self-employed persons are subject to the pension insurance provisions applicable to the social security institution of the commercial economy, relating to the calculation, maturity, Deposit, recovery, contribution surcharges, security, limitation and recovery of compulsory contributions, provided that the contributions to the pension insurance are replaced by contributions to the unemployment insurance scheme, to the extent that the contributions to the pension insurance scheme are Federal legislation does not give way to any other derogation.

(2) The social insurance institutions shall have the contributions to the post determined by the Federal Minister for Economic Affairs and Labour. The more detailed provisions on the procedure for the settlement, removal and calculation of the contributions are made by the Federal Minister for Economic Affairs and Labour.

(3) Insofar as the social insurance institutions, with the exception of the occupational health insurance funds, are involved in the collection of the unemployment insurance contribution and the surcharge in accordance with § 12 paragraph 1 Z 4 of the Insolvency Law on the Law of Insolvency (IESG), BGBl. No 324/1977, they will receive compensation for the payment of the costs they derive from them. The Federal Minister for Economic Affairs and Labour has the amount of the remuneration and the payment method after hearing the main association of the Austrian social insurance institutions, taking into account the amount of compensation paid up to now and the amount to be paid. to determine the expected cost trends in accordance with the principles of simplicity, appropriateness and austerity by Regulation.

(4) The Federal Minister for Economic Affairs and Labour may consult with the social security institutions in all records relating to the management of the unemployment insurance and the building of the Unemployment insurance contributions. "

(7) The following paragraphs 31 and 32 are added to § 10:

" (31) § 1 para. 2 Z 12 to 14 in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force.

(32) § 2 para. 1, 5 and 7, § 4 and § 5 in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2009 in force. "

Article 3

Amendment of the Labour Market Promotion Act

The Labour Market Promotion Act (AMFG), BGBl. No 31/1969, as last amended by the Federal Law BGBl. I n ° 113/2006, is hereby amended as follows:

1. In § 5 (2), after the expression "Artists" the expression "or athlete" inserted.

2. In § 5 (3), after the expression "Artists" each expression "and sportsmen" inserted.

(3) The following paragraph 17 is added to § 53:

" (17) § 5 (2) and (3) in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force. "

Article 4

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 ° 114/2005, shall be amended as follows:

1. § 25 reads:

" § 25. (1) The Labour Market Service and the Federal Ministry of Economics and Labour are responsible for the processing of personal data within the meaning of the Data Protection Act, BGBl. I n ° 165/1999, insofar as they are an essential condition for the performance of the legal tasks. Health data in the sense of the Z 4 may only be used by the labour market service for the lit. a and b are processed in each case. The following types of data are:

1.		Master data of job seekers:
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)			Phone number,
g)			Email address,
h)			Bank connection and account number.
2.		Data on occupation and education:
a)			professional and employment wishes,
b)			Training and training wishes,
c)			professional activities to date,
d)			Skills and skills that can be used professionally,
e)			other personal circumstances affecting professional use.
3.		Data on economic and social conditions:
a)			Family status (including living community),
b)			Dependent children,
c)			The nature and scope of custody obligations affecting the availability of the labour market,
d)			other circumstances affecting the availability of the labour market,
e)			(minor) gainful activities,
f)			Income (own income, partner income),
g)			extraordinary expenses,
h)			insurance periods,
i)			the basis of assessment,
j)			the level of benefits and aid,
k)			Reference periods for benefits and aid,
l)			Hours of work search.
4.		Health data:
a)			health restrictions which call into question the working capacity or the availability or which affect professional use,
b)			health restrictions on job-seekers and their relatives (including those at risk of life), which require additional financial resources.
5.		Data on employment patterns, job search and careerings:
a)			Previous occupations,
b)			the circumstances of the dissolution of employment relationships,
c)			Plans and results of job search and care,
d)			the circumstances of the non-allocation of employment relationships;
e)			the duration and the amount of aid granted;
f)			Penalties for misconduct,
g)			Affected by strike or lockout.
6.		Employer's master data:
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)			Number and structure of employees,
h)			business owners and responsible members of the management,
i)			Contacts,
j)			the service account number and company code,
k)			Phone number,
l)			Email address,
m)			other contact possibilities,
n)			Bank connection and account number.
7.		Data on vacancies:
a)			Occupation and activities,
b)			required and desired training,
c)			necessary and desired practice,
d)			the required and desired knowledge, skills and conditions,
e)			particular health requirements for jobs,
f)			Places of work,
g)			Working time (situation and extent),
h)			Remuneration,
i)			special working conditions.
8.		Data on the employment and personnel search behaviour of employers:
a)			the circumstances of the (planned or completed) termination of employment relationships,
b)			the circumstances of the arrival and the non-allocation of employment relationships;
c)			Penalties for misconduct,
d)			Affected by strike or lockout.

(2) The data processed by the Labour Market Service or by the Federal Ministry of Economics and Labour pursuant to paragraph 1, with the exception of health data in accordance with paragraph 1 Z 4, may be applied to authorities, courts, social security institutions and the Federal Institute for Economic Cooperation and Development (Bundesanstalt). Statistics Austria will be transmitted by means of automation-supported data processing, insofar as the relevant data for the execution of the respective legally mandated tasks form an essential condition. The authorities, courts and the institutions of social security may use the data processed by them in accordance with paragraph 1, with the exception of health data according to paragraph 1 Z 4, to the labour market service and to the Federal Ministry for Economic Affairs and Labour To the extent that these data form an essential condition for the execution of the tasks assigned to the Labour Market Service and the Federal Ministry for Economic Affairs and Labour, the automation-supported data processing will be transmitted to the public.

(3) Data processed by the Labour Market Service in accordance with paragraph 1 (1) (1) may be transferred to the Chambers of Workers and Employees and to the Landworkers ' Chambers by way of automation-assisted data processing, in so far as the relevant data Data for the purpose of collecting the unemployed persons entitled to vote are required (Section 34 (2) of the Workers ' Chamber Act 1992, BGBl. No 626/1991, and corresponding national legislation).

(4) The data processed by the labour market service in accordance with paragraph 1 may be transferred to Bundesrechenzentrum GmbH and to institutions to which tasks of the labour market service are entrusted (Section 30 (3)), within the scope of the services to be provided by these services. in the way of automation-assisted data processing.

(5) The Labour Market Service and the Federal Ministry of Economic Affairs and Labour may, in accordance with paragraph 1, with the exception of health data pursuant to paragraph 1 (4), be sent to a commissioned legal entity by means of the To the extent that the relevant data is an indispensable condition for the performance of a service for the evaluation of the services, subsidies and other financial services of the labour market service, the data processing system is not available for automation. is the subject of a research contract.

(6) The Federal Statistical Office (Bundesanstalt Statistik Österreich) may have processed data on the employers ' data referred to in paragraph 1 (6) and data on the training provided for in paragraph 1 (2) (2) (2). b and Z 7 lit. (b) transmit to the Labour Market Service and to the Federal Ministry of Economics and Labour by means of automation-supported data processing, insofar as these data fall within their legal remit for the purposes of scientific or scientific data processing; or Labour market statistics, which do not have any personal results on the target (Section 46 of the German Data Protection Act (DSG 2000)), constitute an essential condition.

(7) Health data (par. 1 Z 4) may be transferred from the labour market service to the competent institution of the social security system and to the competent institution of social assistance and from these institutions to the labour market service exclusively for the assessment of the employability of the labour market service. . Any transmission of health data shall be recorded.

(8) Only such data shall be transmitted to employers in accordance with paragraph 1, which shall be required for the establishment of an employment relationship and for the assessment of the professional suitability of the job-seekers. Health data shall not be transmitted to employers. "

2. In § 69, the third sentence of paragraph 1 of the third sentence of the term " in the affairs of § 1 of the Ordinance on Service Law 1981, BGBl. No 162, as amended, " in paragraphs 1 and 2, the name shall be: "Federal Ministry of Labour and Social Affairs" in each case by the name "Federal Ministry of Economics and Labour" replaced, in paragraph 1, the name shall be: "Federal Minister for Labour and Social Affairs" by the name "Federal Minister for Economic Affairs and Labour" and in paragraph 2, the name shall be replaced by "Federal Minister for Labour and Social Affairs" by the name "Federal Minister for Economic Affairs and Labour" replaced.

(3) The following paragraph 20 is added to § 78:

" (20) § 25 and § 69 (1) and (2) in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force. "

Article 5

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law, BGBl. I No 78/2007, as amended:

1. § 11 (1) reads:

" (1) Employees and employers may, from the beginning of the second working year, agree on an education card for the period of at least three months up to one year against the removal of the pay. A new education card can be agreed at the earliest after the expiration of four years from the start of the last education karence (frame period). Education carence can also be agreed in parts, with the duration of a part being at least three months and the total duration of each part within the frame period to be run by the first part of the education karence. shall not be allowed to exceed one year. In the case of the agreement on education, consideration should be given to the interests of the worker and to the needs of the firm. In establishments in which a works council responsible for the worker is established, it shall be annexed to the negotiations at the request of the worker. "

2. According to Article 11 (1), the following paragraph 1a is inserted:

" (1a) Employees and employers may agree on a period of at least three months up to one year in a fixed-term employment relationship in a seasonal establishment (Article 53 (6) of the ArbVG), provided that the temporary employment contract is limited to a period of at least three months. The employment relationship has lasted three months without interruption, and in each case, before the arrival of an educational carency or a new education karence, there is employment on the same employer in the amount of at least one year. Periods of fixed-term employment to the same employer who, within a period of four years prior to the arrival of the respective education carence and, if necessary, after returning from the last agreed upon with this employer, In the case of education, there is a need for the minimum employment period to be combined. The first and last sentence of paragraph 1 shall apply. "

3. The following Z 21 shall be added to section 19 (1):

" 21.		Section 11 (1) and (1a) in the version of the Federal Law BGBl. I No 104/2007 shall enter into force 1. January 2008 will be in force and will apply to educational careers agreed upon after 31 December 2007. Employees and employers who have already agreed on an educational carency before the entry into force of this Federal Law can agree on a new education karence at the earliest three years after returning from this educational carence. "

Article 6

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 No 86/2006, is hereby amended as follows:

1. In Section 1b (1) the expression shall be: " § 47 (3) of the German Federal Employment Service Act (BMVG), Federal Law Gazette (BGBl). I No 100/2002 by the expression " § 47 (3) of the operative employee and self-employment law (BMSVG), Federal Law Gazette (BGBl). I No 100/2002 replaced.

2. In § 1b para. 2 and para. 3, the term " "§ 47 (1) BMVG" in each case by the expression "§ 47 (1) BMSVG" replaced.

3. In § 1b (3) and (4), the term " "MV Checkout" in each case by the expression "BV Checkout" replaced.

4. In accordance with § 2, the following § 2a together with the heading is inserted:

" Equality between free service workers

§ 2a. Free service users within the meaning of § 4 (4) ASVG are made equal to employees. "

5. The headline before § 13d reads:

"Contributions according to the company employee and self-employment protection act"

6. § 13d (1) reads:

" (1) For the contributions to be made by the employer in accordance with Section 6 (1) BMSVG or in accordance with similar Austrian legislation, § 13a shall apply with the proviso that the contribution of the employees ' contributions to the statutory social security insurance shall be replaced by the following: Join BV cash contributions. "

7. In accordance with § 19, the following § 20 and title shall be added:

" Entry into

§ 20. (1) § 1b, the title before § 13d and § 13d paragraph 1 in the version of the Federal Law BGBl. I No 104/2007 shall be 1. Jänner 2008 in force.

(2) § 2a in the version of the Federal Law BGBl. I No 104/2007 shall enter into force 1. Jänner 2008 is in force and shall apply to decisions concerning the opening of insolvency proceedings pursuant to § 1 (1) or any other insolvency facts pursuant to Article 1 (1) (1) (3) to (6), which are to be taken after 31 December 2007.

(3) The surcharge in accordance with § 12 paragraph 1 Z 4 shall be paid for free service employees from the contribution year 2008. "

Article 7

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 ° 102/2007, is amended as follows:

In § 25 (1) (2), the following lit. e is added:

" e)			Insolvency default money paid out by the bankruptcy default fund. "

Fischer

Molterer