61. Federal Law, which amalgated the Employment Law, the Labour Law and the Land Labour Act 1984

The National Council has decided:

Article 1

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I n ° 138/2006, is amended as follows:

1. The title of the law will be the abbreviation "(AZG)" .

2. In accordance with § 1, the following § 1a and title shall be inserted:

" Arrangements by operating agreement

§ 1a. Unless otherwise specified in the following, regulations to which the collective agreement is authorized under this federal law may be permitted by operating agreement, if:

1.		the collective agreement authorises the operating agreement to do so, or
2.		No collective agreement can be concluded for the workers concerned, in the absence of a collective agreement on the employers ' side. "

3. § 4 and title shall read:

" Other distribution of normal working time

§ 4. (1) The collective agreement may allow a daily normal working time of up to ten hours, provided that a shorter normal working time is provided in accordance with this Federal Act. In addition, additional possibilities for extension remain unaffected.

(2) In order to achieve longer leisure time, which must be related to the weekly rest period or a rest period in accordance with § 12, the normal working hours can be reduced regularly on individual days and the normal working hours to be taken out on the rest of the days. of the week. The operating agreement, for workers in establishments in which no works council is established, the labour inspectorate, may allow a different non-uniform distribution of the normal working time within the week, insofar as this is the type of operation . The daily normal working time must not exceed nine hours.

(3) If, in connection with holidays, the working time is due to working days in order to enable workers to have a longer period of time-related leisure time, the normal working time may be extended to the working days of no more than 13 consecutive working days. Downtime is distributed weeks. The collective agreement may extend the period of incorporation. The daily normal working time may be

1.		for a period of up to 13 weeks, for a period of up to 13 weeks
2.		in the case of a longer period of treatment nine hours
do not exceed.

(4) The weekly normal working time of the staff of sales outlets as defined in the opening-time act 2003, BGBl. I No 48/2003, and other trade workers, may be extended from four weeks to 44 hours in the individual weeks of a period of transfer if the average weekly normal working time within this period of time is 40 hours does not exceed the normal working time established by the collective agreement. The collective agreement may allow an extension of the credit period. The daily normal working time must not exceed nine hours.

(5) The period of time required to achieve the average normal working time as referred to in paragraph 4 during the conversion period shall be granted in a coherent manner, taking into account the respective operating requirements. A period of more than four hours may be granted in two parts, with one part to be at least four hours.

(6) For workers who are not covered by paragraph 4, the collective agreement may allow a period of up to one year to be used for the normal working hours of a period of up to one year.

1.		in the case of a period of up to eight weeks, up to a maximum of 50 hours,
2.		in the case of a longer period of time, up to 48 hours,
is extended if, within this period, it averages an average of 40 hours, or does not exceed the normal working time established by the collective agreement. The collective agreement may allow for a longer period of time under the condition that the time required to achieve the average normal working time consumes in any case in several weeks of continuous time periods. . The daily normal working time must not exceed nine hours.

(7) The collective agreement may allow a transfer of time credits in the next period of the period of time in the case of a working time distribution according to paragraphs 4 and 6.

(8) The operating agreement may allow a daily normal working time of up to ten hours if the total weekly working time is regularly distributed over four days. In establishments in which no works council is established, such a working time distribution can be agreed in writing.

(9) For employees in establishments according to § 2 (2a) of the Construction Workers ' Holiday and Abortion Act, BGBl. No 414/1972, paragraph 3 applies, with the proviso that the daily normal working hours may not exceed ten hours if the period of incorporation is extended by collective agreement. Paragraph 8 shall not apply. "

4. § 4a (2) reads:

"(2) The daily normal working time shall not exceed nine hours unless a longer normal working time is permitted in accordance with § 4."

Section 4a (4) reads as follows:

" (4) The collective agreement may allow:

1.		the normal working time is extended in individual weeks to 56 hours;
2.		the daily normal working time is extended to 12 hours on condition that the occupational health safety of this working time extension for the activities in question is established by a occupational health worker. At the request of the works council, in establishments without works council, at the request of the majority of the workers concerned, a further, consensual occupational health care worker shall be referred to the question. "

6. § 4b (4) reads as follows:

" (4) The daily normal working time shall not exceed ten hours. The weekly normal working time may exceed, on average, the weekly normal working time within the period of the period of flexitime, on average, only in so far as the transfer possibilities of time credit are provided for. "

Section 5a (4) reads as follows:

"(4) § 1a Z 2 shall apply."

8. In § 6 (1a) the quote shall be "§ 4 (8)" by quoting "§ 4 (7)" replaced.

9. § 7 (4) is replaced by the following paragraphs 4 and 4a:

" (4) In the event of a temporary special need for work, a disproportionate economic disadvantage may be prevented by an operating agreement between the competent collectivelyable bodies of the employer and the employer. In the case of workers and the relevant labour inspectorate, they may be allowed to work for a maximum of 24 weeks of the calendar year up to a working week of 60 hours if other measures are not reasonable. If the working time has been extended in eight consecutive weeks after this provision, such overtime shall be inadmissible in the following two weeks. The day-to-day working time may not exceed twelve hours.

(4a) Overtime shall be allowed in establishments where no works council is established, provided that:

1.		these additional overtime periods have been agreed in writing in individual cases, and
2.		the occupational health safety of these additional overtime for the activities in question has been identified by an occupational health worker. At the request of the majority of the workers concerned, a further, consensual, occupational health worker shall be referred. This request shall be made within five working days from the date of notification of the outcome of the assessment carried out by the employer. The occupational health safety is only given if both occupational physicians confirm this. "

10. § 7 (6) is replaced by the following paragraphs 6 and 6a:

" (6) If the total weekly working time is spread over four days, the operating agreement may allow the working time to be extended to twelve hours on these days by overtime in accordance with paragraphs 1 and 2. In establishments in which no works council is established, such overtime services may be agreed under the conditions laid down in paragraph 4a.

(6a) Employees may refuse overtime in accordance with paragraph 4a or paragraph 6, second sentence. They must therefore not be penalised, in particular as regards remuneration, opportunities for advancement and displacement. "

11. In § 9 para. 2, the quote is "4a (3)" by quoting "4a (3) and (4)" replaced.

12. § 15f Z 3 reads:

" 3.		a breach of the provisions referred to in § 28 (3) (1) to (5), (7) and (8) or (4) (4) (1) to (3), "

13. § 18 (5) reads:

"(5) deviations according to para. 2 to 4 or § § 18a to 18d are also permitted by operating agreement if no collective contract is effective for the employees concerned."

14. § 19d (1) and (2) reads:

" (1) Part-time work is available if the agreed weekly working time falls below the statutory normal working time or a shorter normal working time, as defined by standards of collective redress, on average. A standard of collective redress is to be maintained if a shorter normal working time established by the operating agreement with other workers, for which no works council is established, is contractually agreed upon.

(2) The extent and situation of working time and its modification are to be agreed unless they are fixed by means of collective redress standards. The change in the size of the regular working time shall be subject to the written form. § 19c (2) and (3) shall apply. A non-uniform distribution of working time to individual days and weeks can be agreed in advance. "

15. According to § 19d (3), the following paragraphs 3a to 3f are inserted:

" (3a) A surcharge of 25% is due for extra-working hours in accordance with paragraph 3. Section 10 (3) shall apply.

(3b) Multi-working hours shall not be subject to surcharge if:

1.		they shall be offset by a ratio of 1 to 1 in the calendar quarter or of any other fixed period of three months in which they are incurred;
2.		in the case of a moving working time, the agreed working time is not exceeded on average within the period of the sliding period. § 6 (1a) is to be applied in a reasonable way.

(3c) The collective contract for full-time employees provides for a shorter weekly working time than 40 hours and no surcharge or less for the difference between collective contractual and statutory normal working hours. Surcharge as determined in accordance with paragraph 3a, the same amount of extra hours are to be paid by part-time workers to the same extent. to be deducted from the lower surcharge.

(3d) If, in addition to the surcharge provided for in paragraph 3a, other statutory or collective contractual surcharges are also provided for this multi-performance in time, only the highest surcharge is due.

(3e) By way of derogation from paragraph 3a, it is possible to agree to a retribution of multi-working hours by time-equalization. The additional work supplement shall be taken into account in the assessment of the time compensation or to be paid out separately. The sections 3b to 3d shall also apply to the retaliation by time equalization. Section 10 (2) shall apply.

(3f) The collective agreement may allow derogations from the provisions of paragraphs 3a to 3e. "

16. In § 19d Para. 8, the quote " 2 to 4 " by quoting " 2 and 3 " replaced.

17. § 19f together with headline:

" Reducing time credits

§ 19f. (1) If the normal working time (§ 4 (4) and (6)) is being averaged over a period of more than 26 weeks, the date of compensation of the time balance shall not be fixed in advance, and shall consist of:

1.		for a period of up to 52 weeks after the end of the period of half the reporting period
2.		in the case of a longer settlement period after the end of 26 weeks
The time balance shall be fixed within four weeks, or the compensation shall be granted within 13 weeks. Otherwise, the employee can determine the time of the compensation with a notice period of four weeks, unless compelling operational requirements are contrary to that date, or require payment in money. Collective agreements or operating agreements may be subject to different regulations.

(2) In the case of overtime work for which time compensation is due, the date of compensation shall not be agreed upon in advance;

1.		the time equalation for overtime, which is not yet balanced, which results in the calculation of the normal working time (§ 4 (4) and (6)) or the same working time (§ 4b) by exceeding the average normal working hours, within six months after the end of the reporting period, or of the period of flexitime;
2.		in other cases, to be granted at the same time for all overtime, which is not yet balanced in a calendar month, within six months of the end of the calendar month.
Collective agreements may be subject to different regulations.

(3) If the period for overtime is not granted within the period referred to in paragraph 2, the employee may unilaterally determine the date of the time equalation with a period of advance notice of four weeks, unless compelling operational conditions are required. They are entitled to demand this time, or demand a retribution in money. "

18. In § 26, the following paragraph 8 is added:

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

19. § 28 reads the title:

" Penal Provisions

§ 28. (1) Employers who:

1.		not grant additional rest periods in accordance with section 12a (4) to (6);
2.		To apply for the right of repudiation or § 20a, para. 1, to call readiness or to deal with § 19a (9);
3.		the reporting obligations to the Labour Inspectorate in accordance with § 7 (4), § 11 (8) or (10) or § 20 (2), which infringe the disclosure and inspection obligations pursuant to Section 26 (6), or the records according to § 18b (2), § 18c (2) and § 26 (1) to (5) have been deficient;
4.		the obligations relating to special investigations in accordance with Section 12b (1), or
5.		Do not comply with the provisions of Section 4 (2), § 5 (3) or § 12 (4),
if the act is not subject to a stricter penalty under other rules, to punish the district administrative authority with a fine of 20 euros to 436 euros.

(2) Employers who:

1.		to use employees above the maximum limits of daily or weekly working time in accordance with § 2 (2), § 7, § 8 (1), 2 or 4, § 9, § 12a (5), § 18 (2) or (3), § 19a (2) or (6) or § 20a (2) (1) (1);
2.		not grant rest breaks or short breaks pursuant to § 11 (1), (3), (4) or (5), § 18 (4), § 18d or § 19a (4);
3.		not grant the daily rest period according to § 12 (1) to (2b), § 18a, § 18b (1), § 18c (1), § 18d, § 19a (8), § 20a (2) (2) (2) or § 20b (4) or periods of rest time pursuant to § 19a (4), (5) or (8) or § 20a (2) (2) Z 1;
4.		-Regulations pursuant to § 12 (4), § 21 or § 23.
5.		Do not comply with the provisions of Section 11 (1), (5) and (6); or
6.		do not keep records in accordance with Section 18b (2), § 18c (2) and 26 (1) to (5),
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 72 to EUR 1 815, in the event of a repetition of 145 euros to 1 815 euro.

(3) Employers who:

1.		Use the handlebars above the maximum limits of the working time in accordance with § 2 (2), § 13b (2) and (3) or § 14 (2), or refrain from the request pursuant to Section 13b (4);
2.		Do not grant rest periods pursuant to § 13c or periods of rest in accordance with Section 14 (3);
3.		Use the handlebars beyond the permitted steering time according to § 14a (1) and (2);
4.		Do not grant steering breaks according to § 15 or § 15a (4);
5.		the daily rest period shall not be granted in accordance with section 15a (1) to (3) or section 15b (2);
6.		Violate the recording requirements in accordance with § 15d;
7.		-Regulations pursuant to § 15e (1) or § 17 (3) or Government Convention pursuant to Section 15e (2) transact;
8.		Use the handlebars beyond the permitted time of use in accordance with § 16 (2) to (4);
9.		Violate the obligations relating to the travel book pursuant to Article 17 (1) and (2);
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 72 to EUR 1 815, in the event of a repetition of 145 euros to 1 815 euro.

(4) Employers who:

1.		Use handlebars beyond the driving time allowed under Art. 6 (1) to (3) of Regulation (EC) No 561/2006;
2.		Do not grant any steering breaks pursuant to Article 7 of Regulation (EC) No 561/2006;
3.		do not grant the daily rest period referred to in Article 8 (2), (4) or (5) or Article 9 of Regulation (EC) No 561/2006;
4.		violate the obligations laid down in Article 6 (5) or (12), second sentence, of Regulation (EC) No 561/2006;
5.		comply with the obligations laid down in Article 10 (2) of Regulation (EC) No 561/2006, in so far as they relate to Chapter II of this Regulation;
6.		the obligations relating to the scheduled timetable and the working timetable referred to in Article 16 (2) and (3) of Regulation (EC) No 561/2006,
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 72 to EUR 1 815, in the event of a repetition of 145 euros to 1 815 euro.

(5) By way of derogation from paragraph 2 to 4, if the act is not subject to a stricter penalty under other provisions, employers shall be punished by the district administrative authority in the event of recurrence with a fine of 218 euros to 3 600 euros if:

1.		the maximum limit of daily or weekly working time (para. 2 Z 1 or 4 (4) (1) has been exceeded by more than 20%, or
2.		the daily rest period (para. 2 Z 3, paragraph 4 Z 5 or par. 5 Z 3) shall be less than eight hours, unless a shorter rest period is permitted.

(6) Employers who:

1.		the obligations relating to the recording equipment, the record sheet, the expression referred to in Annex I B or the driver card in accordance with Art. 3 (1), Article 13, Article 14, Article 15, other than those referred to in (4) and (6) or Article 16 of Regulation (EEC) No 3821/85;
2.		comply with the obligations laid down in Article 10 (2) of Regulation (EC) No 561/2006, in so far as they relate to Regulation (EEC) No 3821/85;
3.		Violate the obligations relating to the digital recording equipment in accordance with § 17a;
4.		Violate the recording and retention requirements in accordance with Section 17b,
, provided that the act is not subject to a stricter penalty under other provisions, to punish the district administrative authority with a fine of EUR 218 to EUR 2 180, in the event of a repetition of 360 euros to EUR 3 600.

(7) Employers who:

1.		to employ workers beyond the working hours defined by a communication in accordance with § 18e, or
2.		do not grant these workers the daily rest periods defined by a communication pursuant to § 18e,
, unless the act has already been punished in accordance with Section 169 of the Aviation Act 1957, to punish the district administrative authority with a fine of 218 euros to 2 180 euros, in the event of a repeat of 360 euros to 3 600 euros.

(8) Also violations of the recording obligations pursuant to § 18b (2), § 18c (2) and § 26 (1) to (5) are to be punished separately in respect of each individual employee if the absence of the records actually makes the determination of the actual shall be impossible or unreasonable.

(9) In the case of Section 13a (2), by way of derogation from § 44a Z 2 of the Administrative Criminal Law 1991 (VStG), BGBl. No 52, as an indication of the last administrative provision, the indication of the corresponding bid or prohibition of Regulation (EC) No 561/2006.

(10) In the case of violations of the laws of international road traffic referred to in paragraphs 3 to 6, the limitation period shall be one year by way of derogation from Section 31 (2) of the German Law Enforcement Act (VStG).

(11) If the administrative violations referred to in paragraphs 1 to 7 have not been committed domestiy, they shall be deemed to have been committed in that place where they have been established.

(12) (1) to (7) shall not apply where the infringement has been committed by the institutions of a local authority. If a district administrative authority suspects an infringement by such an institution, it shall, if it is an institution of the federal or state government, send an indication to the supreme institution to which the infringement is suspicious organ (Art. 20 (1), first sentence B-VG), but in all other cases, to report to the supervisory authority. "

20. In accordance with § 33 (1t), the following paragraph 1u is inserted:

" (1u) § 1a, § 4, § 4a para. 2 and 4, § 4b para. 4, § 5 para. 4, § 6 para. 1a, § 7 para. 4, 4a, 6 and 6a, § 9 para. 2, § 15f Z 3, § 18 para. 5, § 19d para. 1, 2, 3a to 3f and 8, § 19f, § 26 paragraph 8 as well as § 28 in the version of the Federal Law BGBl. I n ° 61/2007 shall enter into force 1. Jänner 2008 in force. Section 26 (8) shall apply only to expiration periods which would begin to run from that date. "

21. In § 33 (4) (lit). e will be the citation "§ 15c (2)" by quoting "§ 15f" replaced.

Article 2

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I n ° 138/2006, is amended as follows:

1. According to Article 3 (2), the following paragraph 2a is inserted:

"(2a) In the case of a non-continuous multi-layered procedure, the weekly rest shall start at midnight at the latest on Saturday."

2. § 27 (1) and (2) reads:

" (1) Employers who are contrary to § § 3, 4, 5 (1) and (2), § 6, 6a, 7, 8 and 9 (1) to (3) and (5) or to § § 10 to 22b, 22c, second sentence, 22f and 24 to 25a, are, unless the act is subject to other provisions of a stricter penalty shall be subject to a fine of EUR 72 to EUR 2 180 from the district administrative authority, in the event of a repetition of EUR 145 to EUR 2 180.

(2) Likewise, employers shall be punished who do not grant the weekly rest period referred to in Article 8 (6) and (7) or Article 12 (2) of Regulation (EC) No 561/2006. "

3. According to Article 27 (2), the following paragraph 2a is inserted:

" (2a) By way of derogation from paragraphs 1 to 2, if the act is not subject to a stricter penalty under other provisions, employers shall be punished by the district administrative authority in the event of a fine of 218 euros to EUR 3 600, if the weekly rest period is less than 24 hours, unless a shorter rest period is allowed. "

4. According to § 33 (1), the following paragraph 1m is inserted:

" (1m) § 3 (2a) and § 27 (1), (2) and (2a) in the version of the Federal Law BGBl. I n ° 61/2007 shall enter into force 1. Jänner 2008 in force. "

Article 3

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 147/2006, is amended as follows:

1. (Policy determination) Section 7 (2) Z 11 reads as follows:

" 11.		agreed daily or weekly normal working hours of the service provider, "

2. (Policy determination) Section 10a (1) and (2) reads:

" (1) Part-time work is available if the agreed weekly working time is on average

1.		the statutory weekly normal working time (§ 56) or
2.		a shorter weekly normal working time, as defined by standards of collective redress; or
3.		a normal normal weekly working time during operation, which is shorter than the weekly normal working time in accordance with Z 1 or 2;
is less than.

(2) The extent and position of the working time as referred to in paragraph 1 and its amendment are to be agreed unless they are fixed by the operating agreement. The change in the size of the regular working time shall be subject to the written form. A non-uniform distribution of working time to individual days and weeks can be agreed in advance. "

3. (Policy determination) In accordance with Article 10a (4), the following paragraphs 4a to 4f are inserted:

" (4a) A surcharge of 25% is due for extra-working hours in accordance with paragraph 4. Section 65 (2) shall apply.

(4b) Multi-working hours shall not be subject to surcharge if:

1.		they shall be offset by a ratio of 1 to 1 in the calendar quarter or of any other fixed period of three months in which they are incurred;
2.		in the case of a moving working time, the agreed working time is not exceeded on average within the period of the sliding period. Section 61 (6) is to be applied in a reasonable way.

(4c) In the case of full-time employees, the collective contract provides for a shorter weekly working time than 40 hours and no surcharge or less for the difference between collective contractual and statutory normal working hours. Surcharge as defined in accordance with paragraph 4a shall be equal to or equal to the number of hours worked by part-time workers on the same scale. to be deducted from the lower surcharge.

(4d) If, in addition to the surcharge provided for in paragraph 4a, other legal or collective contractual surcharges are also provided for this multi-performance, only the highest surcharge is due.

(4e) By way of derogation from paragraph 4a, a retribution of multi-working hours may be agreed by time-equalization. The additional work supplement shall be taken into account in the assessment of the time compensation or to be paid out separately. The sections 4b to 4d shall also apply to the retaliation by time equalization.

(4f) The collective agreement may allow deviations from para. 4a to 4e. "

4. (Policy determination) Section 10a (9) reads as follows:

"(9) The sections 2 to 4, 5 and 8 do not apply to part-time jobs in accordance with § § 26j, 26k, 26q, 105f, 105g and 105m."

5. (Policy determination) In accordance with § 10a, the following § 10b and heading is inserted:

" Reducing time credits

§ 10b. (1) If the normal working time (§ 56a) is averaged over a period of more than 26 weeks, the date of compensation of the time balance shall not be fixed in advance, and shall consist of:

1.		for a period of up to 52 weeks after the end of the period of half the reporting period
2.		in the case of a longer settlement period after the end of 26 weeks
The time balance shall be fixed within four weeks, or the compensation shall be granted within 13 weeks. Otherwise, the service taker can determine the time of the compensation with a notice period of four weeks, unless compelling operational requirements are contrary to that date, or require payment in money. Collective agreements or operating agreements may be subject to different regulations.

(2) In the case of overtime work for which time compensation is due, the date of compensation shall not be agreed upon in advance;

1.		the period of overtime, which is not yet balanced, and which, when the normal working hours (§ 56a) or the same working time (§ 58) are averaged, are caused by exceeding the average normal working time, within six months of the end of the Reporting period or of the period of flexitime;
2.		in other cases, to be granted at the same time for all overtime, which is not yet balanced in a calendar month, within six months of the end of the calendar month.
Collective agreements may be subject to different regulations.

(3) If the period for overtime is not granted within the period referred to in paragraph 2, the contractor may unilaterally determine the date of the time equalation with a notice period of four weeks, unless compelling operational They are entitled to demand this time, or demand a retribution in money. "

6. (Policy determination) In Section 17 (4), the term " "regular weekly working time" by the term "weekly normal working time" replaced.

7. (Policy determination) In Section 32 (1), the term " "regular weekly working time" by the term "weekly normal working time" replaced.

8. (Policy determination) Section 4 of Section 5 of the following § 55a and title shall be inserted in Section 4:

" Regulation by operating agreement

§ 55a. Unless otherwise specified in the following, regulations to which the collective agreement is authorized under this federal law may be permitted by operating agreement, if:

1.		the collective agreement authorises the operating agreement to do so, or
2.		no collective agreement can be concluded for the service providers concerned, in the absence of a collectivelyable entity on the service side. "

9. (Policy determination) Section 56 (2) to (5) reads:

" (2) The weekly normal working time may not exceed 40 hours, 42 hours for service providers with a free station who live with the service provider, unless otherwise specified in the following.

(3) The daily normal working time shall not exceed nine hours. The collective agreement can allow a daily normal working time of up to ten hours. In addition, additional possibilities for extension remain unaffected.

(3a) In connection with holidays, if working hours are to be paid on working days in order to enable the service taker to have a longer period of leisure time, the normal working time which is covered may be on the working days of no more than 13 contiguous periods of work, which shall be: Downtime is distributed weeks. The collective agreement may extend the period of incorporation. The daily normal working time may not exceed 10 hours for a period of time of up to 13 weeks.

(4) The operating agreement may allow for a daily normal working time of up to ten hours if the total weekly working time is regularly distributed over four days. In establishments in which no works council is established, such a working time division may be agreed in writing.

(5) If working time is regularly and substantially ready for work, collective agreement may allow a weekly normal working time of up to 60 hours and a daily normal working time of up to 12 hours. . § 61 shall not apply. "

10. (Policy determination) Section 56a, together with the headline:

" Calculation of working time

§ 56a. (1) The collective agreement may allow the weekly normal working time of up to one year in individual weeks of a period of through-the-year period

1.		in the case of a period of up to eight weeks, up to a maximum of 50 hours,
2.		in the case of a longer period of conversion to a maximum of 48 hours
if, within this period, it does not exceed, on average, the weekly normal working hours laid down in section 56 (2) of this Directive. The collective agreement may allow for a longer period of time under the condition that the time required to achieve the average weekly normal working time is, in any case, in several weeks ' duration. Time periods consumed. The collective agreement may allow a transfer of time credits in the next period of the settlement.

(2) By way of derogation from § 55a, the collective agreement may allow establishments with less than five employees permanently to agree to a working time division in accordance with paragraph 1 in writing. "

11. (Policy determination) Section 57, together with the headline:

" Working Tips

§ 57. (1) During the working peaks, the weekly normal working time in the agricultural sector may be extended by three hours; it must be shortened in the period of weakness in such a way that the weekly normal working time, as defined in section 56 (2), shall be reduced in the Annual average is not exceeded.

(2) The distribution of the weekly normal working time to the times of work peaks can be determined by collective agreement. The implementing laws shall have provision for this distribution in the event that a collective agreement is lacking or does not apply to certain service conditions.

(3) (3) (1) and (2) shall not apply in the cases of § 56a. "

12. (Policy determination) Section 58 (1) and (3) (3) (4) shall apply in each case. "Day working time" by the term "Daily normal working time" replaced.

13. (Policy determination) Section 58 (4) reads as follows:

" (4) The daily normal working time shall not exceed ten hours. Within the period of flexitime, the weekly normal working time may exceed, on average, the weekly normal working time in accordance with section 56 (2) only in so far as the transfer possibilities of the time credit after the flexitime agreement "

14. (Policy determination) In Section 59 (1), the term " "Weekly working time" by the term "weekly normal working time" replaced.

15. (Policy determination) Section 60, together with the headline:

" Working time for shiftwork

§ 60. (1) In the case of a multi-layer procedure, a layer plan must be created. The weekly normal working time may be

1.		within the shift-shift or
2.		in the case of the calculation of the weekly normal working time according to § 56a within the reporting period
on average, do not exceed the permitted duration in accordance with section 56 (2).

(2) The implementing legislation may provide that the collective agreement for establishments may allow a daily normal working time of up to twelve hours according to Article 5 (4). "

16. (Policy determination) Section 61 (1) reads as follows:

" (1) Overtime work shall be carried out if:

1.		the limits of the weekly normal working hours permitted by § § § 56 to 60; or
2.		the limits of the daily normal working time permitted by § § § 56 to 60 are exceeded, resulting from a permissible distribution of the weekly normal working time on the individual working days. "

17. (Policy determination) Section 61 (3) Z 3 reads as follows:

" 3.		in total in one working week at most 17 "

18. (Policy determination) Section 61 (4) Z 3 reads as follows:

" 3.		a total of 20 "in a working week"

19. (Policy determination) Section 61a (1) reads as follows:

" (1) The weekly working time may not exceed 52 hours, including overtime, in the cases of § 61 (3) or (4) 60 hours. This ceiling may in no way be exceeded in the event of a different distribution of the weekly normal working time with the extension of working hours. "

20. (Policy determination) The following paragraph 3 is added to Article 73:

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

21. (Policy determination) In Section 109 (2) the word shall be deleted "regular" .

22. (Policy determination) In section 109b (3), the words "or their Plenipotentiaries" .

23. (Policy determination) In accordance with Article 237 (4), the following paragraph 4a is inserted:

" (4a) In addition, infringements of the recording requirements in accordance with § 73 shall be punished separately in respect of each individual worker if the absence of the records makes it impossible to establish the working time actually performed or will be unreasonable. "

24. (Federal Law Applicable directly) The text of Section 239 (30) is added to § 285 as paragraph 30. Section 239 (30) is deleted.

25. (Federal Law Applicable directly) The following paragraph 31 is added to section 285:

" (31) (Federal Law Applicable directly) The implementing laws of the Länder on § 7 para. 2, § 10a (1), 2, 4a to 4f and 9, § 10b, § 17 paragraph 4, § 32 paragraph 1, § 55a, § 56 para. 2 to 5, § 56a, § 57, § 58 para. 1, 3 and 4, § 59 para. 1, § 60, § 61 para. 1, 3 and 4, § 61a para. 1, § 73 para. 3, § 109 Paragraph 2, Section 109b (3) and Section 237 (4a) shall be adopted within six months of the day following the date of the customer ' s presentation. "

Fischer

Gusenbauer