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Labour Cost Statistics Regulation

Original Language Title: Arbeitskostenstatistik-Verordnung

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126. Regulation of the Federal Minister for Economic Affairs and Labour on Labour Cost Statistics in the Production and Services Areas (Labour Cost Statistics Regulation)

On the basis of § § 4 to 10 and 30 of the Federal Statistics Act 2000, BGBl. I n ° 163/1999, as last amended by the Federal Law BGBl. I n ° 71/2003, shall be assigned in agreement with the Federal Chancellor:

Arrangement for the compilation of statistics

§ 1. The Bundesanstalt Statistik Österreich (Bundesanstalt Statistik Österreich) has been responsible for the fulfilment of Austria's obligations on the basis of

1.

of Regulation (EC) No 530/1999,

2.

of Regulation (EC) No 1737/2005 and

3.

of Regulation (EC) No 452/2000

to carry out surveys in accordance with this Regulation and to produce the relevant labour cost statistics.

Reporting period, periodicity

§ 2. (1) The reporting period is, beginning with 2004, every fourth calendar year (reference year). If the marketing year of a statistical unit is not ident with the calendar year, the last marketing year completed before 31 December of the relevant reference year shall be used.

(2) The survey date shall be 30 September of the year under review.

Statistical units, survey mass

§ 3. (1) Statistical units within the meaning of this Regulation are:

1.

companies,

2.

Working communities,

3.

Public bodies,

4.

Enterprises of industrial type of public bodies under § 2 of the German Corporate Tax Act 1988 and

5.

Clubs in accordance with § 1 of the Law of the Vereinsgesetz 2002,

which employ at least ten non-self-employed persons at the survey date and which focus on economic activities according to divisions 10 to 74 and 80 to 93 of the Federal Statistical Act 2000 in the Federal Institute and under § 4 (5) of the Federal Statistics Act (Bundesstatisgesetz 2000). The Internet address "www.statistik.at", published in the classification of economic activities-ENACE 2003, or a service associated with these activities, independently and regularly.

(2) Companies (par. 1 (1) are to be understood within the meaning of Articles 1 and 2 of Regulation (EEC) No 696/1993.

(3) A working group is an association of several companies which have contractually committed themselves to the joint implementation of a project and whose commercial management (commercial management) is the responsibility of a company.

(4) A body of public law is a legal person established by a law or by a regulation. The bodies of public law also include legally recognised religious communities and their institutions.

(5) In accordance with Article 2 (1) Z 9 GewO 1994 and the Buschenschank pursuant to Section 2 (9) of the German Arc. 1994, the private-room rental pursuant to Section 2 (1) Z 9 of the German Trade Union ("Private-room rental") is

Collection items and characteristics

§ 4. (1) It is necessary to collect:

1.

on the statistical units referred to in Article 3 (1), which focus on economic activity according to Divisions 10 to 45 of the ENACE 2003, the characteristics according to Annex, but without the characteristics of Z 3.3;

2.

on the statistical units referred to in Article 3 (1), which focus on economic activity according to divisions 50 to 52 of the ÖNACE 2003, the characteristics according to the Appendix but without separation by workers and employees in the characteristics of the characteristics 4.1.5.2, 4.3.1 and 4.3.3, and without the features under Z 3.1 and Z 3.2;

3.

on the statistical units referred to in Article 3 (1), which focus on economic activity according to divisions 55 to 74 and 80 to 93 of the ÖNACE 2003, the characteristics according to the Appendix but without separation by workers and employees, and without the features under Z 3.1 and Z 3.2;

4.

as far as the statistical units in accordance with § 3 (1) belong to local units (workplaces) focusing on different activities according to divisions of the ENACE 2003, for these local units the characteristics according to Appendix Z 1.1. up to 1.3, 1.6, 2.2, 2.3, 2.5, 4.1.1 and 4.1.4, but without separation by workers and employees.

(2) Local units (workplaces) are units according to section III lit. F the Annex to Regulation (EEC) No 696/1993.

Survey types

§ 5. (1) The survey characteristics shall be collected in the context of a sample in the following ways:

1.

the characteristics set out in Annex Z 1.1 to 1.6 by using the data of the register in accordance with Section 25 of the Federal Statistics Act 2000;

2.

the characteristics in accordance with Annex Z 2.1 and Z 2.5.1 by the procurement of administrative data from the main association of Austrian social insurance institutions;

3.

the remaining characteristics in accordance with § 4 by means of consultation with the statistical units in accordance with § 3 (1).

(2) The data to be collected pursuant to paragraph 1 (1) (1) and (2) shall be the data collected under the Regulation on short-term economic statistics in the producing sector, the Performance and Structural Statistics Regulation and the Tax Statistics Regulation; and by the use of statistical methods and the use of appropriate statistical estimation techniques. Only in so far as this does not guarantee the necessary quality of labour cost statistics, the survey according to paragraph 1 Z 3 is permissible.

Sample Selection

§ 6. (1) In a random procedure from the register in accordance with Section 25 of the Federal Statistics Act 2000, the Federal Institute has to select the statistical units at the survey date.

(2) In selecting and determining the size of the sample, the Bundesanstalt has to take into account that the quality requirements laid down in the regulations in accordance with § 1, in particular the requirements of Article 10 of Regulation (EC) No 530/1999.

Collection documents

§ 7. The survey according to § 5 (1) Z 3 has to be carried out by written means. The Federal Institute has to apply the survey forms uniformly for the federal territory and to provide for their free delivery to those statistical units for the obligation to provide information. The survey forms shall also be made available in electronic form. Questions and questions can also be made by the Federal Institute by telephone.

Obligation to provide information; obligation to provide information to the parties responsible for providing information

§ 8. (1) In the case of the survey according to § 5 (1) Z 3, the obligation to provide information is to provide information pursuant to § 9 of the Federal Statistics Act 2000.

(2) For the purpose of providing information, those natural or legal persons as well as registered partnerships are obligated, who in their own name lead a statistical unit selected in accordance with § 6 or are responsible for such a person responsible for such a person.

(3) The parties responsible for providing information in accordance with paragraph 2 shall be obliged to complete the survey forms laid down by the Federal Office in full and to the best of their knowledge and to submit them to the Federal Institute by 30 May of the year following the reference year. the address listed in the survey documents. For the reporting year 2004, the date of entry is 15 May 2006.

(4) If a party responsible for providing information in accordance with paragraph 2 has neither domiciliated nor registered office or place of business in Germany, the Fiscal Representative (pursuant to Section 27 (8) of the VAT Act 1994) shall be obliged to provide information.

Obligations of the holders of administrative data

§ 9. The main association of the Austrian social insurance institutions has to make the data available free of charge on electronic data carriers within eight weeks at the request of the Federal Institute in accordance with § 5 (1) Z 2. In addition to the data, the data descriptions and feature definitions required for the processing are to be provided.

Information on the purpose of collection, data protection and information and co-action obligations

§ 10. (1) The Bundesanstalt has to inform the information and co-operative persons about the purpose of the survey and the data protection measures taken.

(2) The Federal Institute shall have the right to inform and to cooperate on the legal consequences in accordance with Section 66 of the Federal Statistics Act 2000 in case of refusal of participation or information and in the case of knowingly incomplete or not the best knowledge. to be provided with relevant information.

Publication of results

§ 11. Within 15 months after the date of the entry into force, the Federal Institute shall make the main results of the survey available free of charge to the public on the Internet in accordance with Section 8 (3) and publish it in printed form. The scope of the printed publication as well as the Internet version available free of charge shall be in accordance with the standards customary in the field of international and social statistical publications of the Federal Institute, and shall also have a detailed report on the quality of the data, including the concepts of concept and concept (metadata) needed to understand it.

Use of gender-specific form

§ 12. Where personal names are used in this Regulation, the chosen form shall apply to both sexes.

References

§ 13. To the extent that this Regulation refers to other legislation, the provisions of this Regulation shall apply in the following versions:

1.

Regulation (EC) No 530/1999 on statistics on the structure of earnings and labour costs, OJ L 161, 26.6.1999. No. OJ L 63 of 12.03.1999 p. 6;

2.

Regulation (EC) No 1737/2005 amending Regulation (EC) No 1726/1999 as regards the definition and transmission of information on labour costs, OJ L 327, 30.12.2005, p. No. OJ L 279, 22.10.2005, p. 11;

3.

Regulation (EC) No 452/2000 on the implementation of Regulation (EC) No 530/1999 on the structure of earnings and labour costs in respect of the quality assessment of labour cost statistics, OJ L 327, 30.12.1999, p. No. OJ L 55 of 29.02.2000 p. 53;

4.

Regulation (EEC) No 3037/1990 on the statistical classification of economic activities in the European Community, OJ L 327, 31.12.1990, p. No. OJ L 293, 24.10.1990 p. 1;

5.

Regulation (EEC) No 696/1993 on the statistical units for the observation and analysis of the Community economy, OJ L 327, 31.12.1993, p. No. OJ L 76 of 30.03.1993 p. 1;

6.

Federal Statistics Act 2000, BGBl. I No 163/1999, in the version of the Federal Law BGBl. I No 71/2003;

7.

Corporate Tax Act 1988 (KStG 1988), BGBl. No. 401/1988, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 161/2005;

8.

Industrial Order 1994 (GewO 1994), BGBl. No. 194/1994 (WV), in the version of the Federal Law BGBl. I No 15/2006;

9.

Turnover Tax Act 1994 (UStG 1994), BGBl. No. 663/1994, in the version of the Federal Law BGBl. I No 105/2005;

10.

Vereinsgesetz 2002 (VerG), BGBl. I n ° 66/2002, in the version of the Federal Law BGBl. I No 124/2005;

11.

Regulation on shortterm statistics in the production sector, BGBl. II No 210/2003, as amended by the BGBl Regulation. II No 70/2005;

12.

Performance and structural statistics regulation, BGBl. II No 428/2003;

13.

Tax Statistics Regulation, BGBl. II No 229/2003.

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