36. Federal Act, which amalgles the Labour Contract Law Adaptation Act, the Unemployment Insurance Act 1977 and the Landarbeitsgesetz 1984

The National Council has decided:

Article 1

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 n ° 103/2005, shall be amended as follows:

1. In § 1 para. 4, after the quote "§ § 2," the citation "2c, 2d," inserted.

2. According to § 2b, the following § § 2c and 2d are inserted together with the headings:

" Contention clause

§ 2c. (1) An agreement by which the employee, on whose employment relationship the Anframework Law (AngG), BGBl. No 292/1921, which is not to be applied for the period after the termination of the employment relationship in his/her gainful employment (competition clause), shall be effective only in so far as:

1.		the worker is not a minor at the time of conclusion of the agreement;
2.		the restriction shall relate to the activity of the worker in the employer's branch and shall not exceed the period of one year; and
3.		the restriction shall not, in accordance with the subject matter, time or place, and in proportion to the commercial interest which the employer has in respect of its compliance, constitute an insignificant increase in the worker's progress.

(2) An agreement as referred to in paragraph 1 shall be ineffective if it is taken within the framework of an employment relationship in which the fee due for the last month of the employment relationship is seventeen times the maximum contribution basis in accordance with § 45 of the General Social Security Act (ASVG), BGBl. No. 189/1955, not exceeding.

(3) If the employer has given the employee a reasonable reason to withdraw or terminate the employment relationship by means of a culpable behaviour, he may, in the case of the employee, the rights of the employee based on the competition clause. do not claim.

(4) The same shall apply if the employer dissolves the employment relationship, unless the employee is given a reasonable cause by culpable conduct or that the employer has declared the termination of the employment relationship, for the duration of the restriction to the employee, to pay the last salary to the worker.

(5) If, in the event of an infringement, the employee has promised a penalty of contraction in respect of the competition clause, the employer can only require the contraction of the contract to be carried out. The right to fulfilment or to the replacement of any further damage is excluded.

(6) Conventional penalties shall be subject to the right of judicial review.

Repayment of training costs

§ 2d. (1) Training costs are the actual costs incurred by the employer for those successfully completed training, which gives the worker special knowledge of a theoretical and practical nature, which he/she also has with other employers can be used. The cost of training is not a training cost.

(2) A refund shall be permitted only with regard to the training costs referred to in paragraph 1 in a written agreement between the employer and the employee. On the other hand, the agreement of the recovery of the remuneration paid during an education as referred to in paragraph 1 is permissible, provided that the employee is exempted from the service for the duration of the training.

(3) An obligation to reimburse training costs does not exist, in particular, if:

1.		the worker is a minor at the time of the conclusion of the agreement and does not have the consent of the legal representative of the minor;
2.		the employment relationship has ended after more than five years, in special cases after more than eight years after the end of the training referred to in paragraph 1, or before the end of the period of expiry of the period of expiry of the period of expiry of the period of expiry of the period of time limit
3.		the amount of the refund obligation is not aliquot, calculated from the date of termination of the training until the end of the permissible binding period.

(4) The right to repayment of training costs does not exist when the employment relationship

1.		during the probationary period within the meaning of Section 19 (2) of the AngG or any other statutory provisions,
2.		by unsubstantiated dismissal,
3.		by reason of a well-founded early exit,
4.		By dismissal due to permanent incapacity to work according to § 27 Z 2 AngG or § 82 lit. b. Gewerbeordnung 1859, RGBl. 227, or
5.		by dismissal by the employer, unless the employee has given reasonable grounds to do so by culpable conduct,
end. "

The second sentence of Article 14a (1) reads as follows:

"Such a measure may also be required for the mortal accompaniment of siblings, daughter-in-law, mother-in-law, choice and foster parents, and of the other spouse's or life-endangerment children."

4. § 14b together with headline reads:

" Accompaniming of Seriously Ill Children

§ 14b. § 14a is also to be applied when accompanied by children living in the common household (choice, nurse, or physical children of the other spouse or at risk of life) of the worker. By way of derogation from Article 14a (1), the measure may initially be required for a period not exceeding five months; in the case of an extension of the measure, the total duration of the measure may not exceed nine months. "

5. The following paragraphs 18 and 19 shall be added to Article 19 (1):

" 18.		§ § 1 (4), (2c) and (2d) together with transcripts in the version of the Federal Law BGBl. I n ° 36/2006 shall enter into force with the day following the presentation and shall apply to agreements concluded after the entry into force of this Federal Law on a competition clause or the repayment of training costs. At the time of the entry into force, existing norms of collective redress concerning the repayment of training costs are not affected by the regulations of this federal law.
19.		§ 14a (1) and § 14b in the version of the Federal Law BGBl. I n ° 36/2006 shall enter into force with the day following the event. § 14b in the version of the Federal Law BGBl. I n ° 36/2006 applies to the monitoring of severely ill children, who are required to do so after the entry into force of this Federal Law. Employees and employers may, when accompanied by children who are seriously ill, who have been requested before the entry into force of this Federal Law, agree that the measure shall be nine months to a total of nine months. months is extended. "

Article 2

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977 (AlVG), BGBl. N ° 609, as last amended by the Federal Law, BGBl. I n ° 132/2005, shall be amended as follows:

1. § 32 (1) first sentence reads:

" unemployed persons who announce in writing to the competent regional office that they are unaware of the receipt of unemployment benefit or emergency assistance in order to

1.		the accompanying death of a close relative within the meaning of Section 14a (1) AVRAG or
2.		the accompaniming of a seriously ill child within the meaning of § 14b AVRAG
, in the case of Z 1 for a maximum of six months and in the case of Z 2 for a maximum of nine months, if and as long as no benefit is provided under this Federal Act and no other compulsory insurance in accordance with this Federal Act is provided for in the case of Z 1. of sickness and pension insurance. "

(2) The following paragraph 88 is added to § 79:

" (88) § 32 (1) in the version of the Federal Law BGBl. (I) No 36/2006 shall be 1. Jänner 2006 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 ° 36/2005, is amended as follows:

1a. In § 1, the following paragraph 5 is inserted:

" (5) Workers and employees in the agriculture and forestry sector shall also be considered to be those workers who, irrespective of whether these activities are carried out in commercial enterprises, are in riding stables, clubs, nature and national parks, in which: Care of park and lawn facilities, in offices whose corporate objective is predominantly in the consulting and administration of agricultural and forestry enterprises, in agricultural and forestry marketing and service companies and in agricultural biomass production facilities, "

1. (Policy determination) In Section 16 (1), the term " "due" by the expression "Fees" replaced.

2. (Policy determination) In section 26c (1), last sentence, the quote is "§ 26a (1)".

2a. § § 29 and 30 are deleted.

3. (Policy determination) Section 39e (3) states that the "§ 46a" by quoting "§ 37" replaced.

4. (Policy determination) In section 39k (3), the term " "due pay" by the expression "due pay" replaced.

5. (federal law directly applicable) Section 39k (5) shall be referred to after the quotation "§ 39e" an inversion and the phrase "A mortal accompaniment according to § 39t or an escort of severely ill children according to § 39u" inserted.

6. (Policy determination) Section 39m (3a) reads as follows:

" (3a) (Policy determination) The employer shall immediately report the initiation of proceedings to the competent institution of the sickness insurance scheme at the place of jurisdiction which has to take place within six months of the commencement of the service. "

7. ( Principle specification ) Section 39t (2) reads as follows:

" (2) As close relatives, the spouse, persons who are in a straight line with the service taker, choice and foster children, choice and foster parents, the person with whom the service taker lives in a life-community, siblings, parents-in-law and mother-in-law and physical children of the other spouse or life-endangerment. "

8. (Basic Law and Federal Law Applicable directly) § 39u reads:

" § 39u. (Basic Law and Federal Law Applicable directly) § 39t is also to be applied when accompanied by children living in the common household (choice, nursing children or physical children of the other spouse or at-risk) of the service provider. By way of derogation from Section 39t (1), the measure may initially be required for a period not exceeding five months; in the case of an extension of the measure, the total duration of the measure may not exceed nine months. "

9. (Policy determination) In § 39v para. 1 first sentence shall be after the quote "§ 39t (1)" the phrase "or § 39u" inserted.

10. (federal law directly applicable) Section 39v (2) shall not apply to the last sentence.

11. (Policy determination) In Section 69 (5), the word order shall be "which exceeds the Karenz by 10 months" through the phrase "around which the Karenz exceeds 10 months" replaced.

12. (Policy determination) Section 100 (1) reads as follows:

" (1) (Policy determination) Expectant and breast-feeding mothers must not be employed in the period from 7 p.m. to 5 a.m. "

12a. (Policy determination) Section 158 (1) reads as follows:

" (1) All service takers who are eligible are eligible

1.		on the date of the call for tenders, the 19. have been completed and
2.		have been employed for at least six months in the course of the holding or undertaking to which the establishment belongs, and
3.		Apart from the requirement of Austrian nationality, they are not excluded from the right to vote of the National Council (§ 22 National Council of Electoral Regulations 1992). "

13 . (Policy Determination) Section 238a (2) reads as follows:

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

1.		Hausgehilfen-und Hausangestelltengesetz, BGBl. No. 235/1962, in the version of the Federal Law BGBl. I No 100/2002,
2.		Industrial Order 1994 (GewO 1994), BGBl. No. 194, in the version of the Federal Law BGBl. I No 85/2005,
3.		Executive order, RGBl. No. 79/1896, in the version of the Federal Law BGBl. I No 68/2005,
4.		General Social Security Act-ASVG, BGBl. No. 189/1955, in the version of the Federal Law BGBl. I No 108/2005,
5.		Income Tax Act 1988-EStG 1988, BGBl. No. 400, in the version of the Federal Law BGBl. I No 115/2005,
6.		Farmers-Social Security Act-BSVG, BGBl. No. 559/1978, in the version of the Federal Law BGBl. I No 71/2005,
7.		Industrial Social Security Act GSVG, BGBl. No. 560/1978, in the version of the Federal Law BGBl. I No 74/2005,
8.		General civil code, JGS No. 946/1811, in the version of the Federal Law BGBl. I No 120/2005,
9.		Civil Procedure Code-ZPO, RGBl. No. 120/1895, in the version of the Federal Law BGBl. I No 120/2005,
10.		General Pension Act (APG), BGBl. I No 142/2004,
11.		Labor and Social Courts Act-ASGG, BGBl. No. 104/1985, in the version of the Federal Law BGBl. I No 45/2005,
12.		Federal law on the division of capital companies (gap G), BGBl. No. 304/1996, in the version of the Federal Law BGBl. I No 120/2005,
13.		Wehrgesetz 2001-WG 2001, BGBl. I n ° 146, in the version of the Federal Law BGBl. I No 58/2005,
14.		Civil Service Law 1986-ZDG, BGBl. No. 679, in the version of the Federal Law BGBl. I No 106/2005,
15.		Unemployment Insurance Act 1977 (AlVG), BGBl. No. 609, in the version of the Federal Law BGBl. I No 36/2006,
16.		Labour Market Promotion Act-AMFG, BGBl. No 31/1969, in the version of the Federal Law BGBl. I No 64/2004,
17.		Child Care Money Act (KBGG), BGBl. I n ° 103/2001, as amended by the Federal Law BGBl. I No 100/2005,
18.		Company employee health care law-BMVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 37/2005,
19.		Investment Fund Act-InvFG 1993, BGBl. No. 532/1993, in the version of the Federal Law BGBl. I No 122/2005,
20.		Pensionskassengesetz-PKG, BGBl. No. 281/1990, in the version of the Federal Law BGBl. I No 59/2005,
21.		Solemn Law 1957, BGBl. No. 153, in the version of the Federal Law BGBl. No 144/1983,
22.		Home Labor Act 1960, BGBl. No. 105/1961, in the version of the Federal Law BGBl. I No 98/2001,
23.		School teaching law 1986-SchUG, BGBl. No. 472, in the version of the Federal Law BGBl. I No 91/2005,
24.		School Organization Law, BGBl. No. 242/1962, in the version of the Federal Law BGBl. I No 91/2005,
25.		Victims ' Care Act, BGBl. No. 183/1947, in the version of the Federal Law BGBl. I No 86/2005,
26.		Development Cooperation Act (EZA-G), BGBl. I n ° 49/2002, as amended by the Federal Law BGBl. I No 65/2003,
27.		Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 98/2004,
28.		Plant Protection Products Act 1997, BGBl. I n ° 60, in the version of the Federal Law BGBl. I No 83/2004,
29.		Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, in the version of the Federal Law BGBl. I No 181/2004,
30.		Biocide Products Act (Biocide G), BGBl. No 105/2000, in the version of the Federal Law BGBl. I No 151/2004,
31.		Workers ' Protection Act-ASchG, BGBl. No. 450/1994, in the version of the Federal Law BGBl. I No 159/2001,
32.		Medical Law 1998-Medical Law 1998, BGBl. I n ° 169, as amended by the Federal Law BGBl. I No 24/2005,
33.		Agricultural and Forestry Vocational Training Act-LFBAG, BGBl. No 298/1990, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 46/2005,
34.		Angestelltengesetz, BGBl. No 292/1921, in the version of the Federal Law BGBl. I No 143/2004,
35.		Law on property rights, BGBl. No. 538/1923, in the version of the Federal Law BGBl. I No 143/2004,
36.		Workplace-Backup Act 1991-APSG, BGBl. No. 683, in the version of the Federal Law BGBl. I No 56/2005,
37.		Stock Law 1965, BGBl. No. 98, in the version of the Federal Law BGBl. I No 120/2005,
38.		GmbH-Gesetz-GmbHG, RGBl. No. 58/1906, in the version of the Federal Law BGBl. I No 120/2005,
39.		Administrative Criminal Law 1991-VStG, BGBl. No. 52, in the version of the Federal Law BGBl. I No 117/2002,
40.		Commercial Code, dRGBl. No. 219/1897, in the version of the Federal Law BGBl. I No 120/2005,
41.		National Council Electoral Regulations 1992, BGBl. No. 471, in the version of the Federal Law BGBl. I No 90/2003. '

14. ( Determination of the principle and directly applicable federal law ) The following paragraphs 27 and 28 are added to Section 239:

" (27) (federal law directly applicable) The implementing laws of the Länder on § 16 (1), § 26c (1), § 39e para. 3, § 39k paragraph 3, § 39m para. 3a, § 39t paragraph 2, § 39u, § 39v para. 1, § 69 para. 5, § 100 para. 1, § 158 Abs.1, § 238a para. 2 and § 239 Abs. 28 in the version of the Federal Law BGBl. No 36/2006 shall be adopted within six months of the date on which the event is held.

(28) (Policy determination) The execution laws of the Länder have to provide that the execution provision to § 39u in the version of the Federal Law BGBl. I n ° 36/2006 for the monitoring of children with severely ill health, which is required after the entry into force of the implementing law. In addition, it is necessary to provide for the laws of the Länder to allow workers and employers to agree, when accompanied by children who have been seriously ill, before the entry into force of the implementing law, that the measure should be it shall be extended to a maximum of nine months from six months. In addition, the execution laws of the Länder have to provide that the execution provision to § 158 (1) in the version of the Federal Law BGBl. I n ° 36/2006 should be applied to elections in which the expulsion of the elections is carried out after the entry into force of the implementing law. "

Fischer

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