101. Federal law amending the Foreigners Employment Act

The National Council has decided:

The Foreigners Employment Act-AuslBG, BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be amended as follows:

1. § 1 para. 2 lit. a is:

" (a)		Foreigners who have been granted the status of an asylum-seeker or who have been granted the status of a subsidiary entitled to protection for at least one year (§ 2 Z 15 and § 3). § 8 of the Asylum Act 2005-Asylum G 2005, BGBl. I n ° 100); "

2. § 1 para. 2 lit. i is:

" (i)		Foreigners with regard to their scientific activities in research and teaching, in the development and development of the arts, as well as in the teaching of art; "

3. § 1 para. 2 lit. l and m are:

" l)		EEA citizens entitled to freedom of movement, their third nationals, spouses and children (including adoptive and stepchildren) who are not yet 21 years of age or who are granted subsistence to the EEA citizen or spouse, and third nationals Parents of the EEA citizen and of his/her spouse, to whom the EEA citizen or the spouse is subject, provided that they are established in accordance with the law on the establishment of a law of establishment and residence (NAG), BGBl. I No 100/2005;
m)		EEA citizens who do not benefit from their right to free movement, their third nationals spouses and children (including adoptive and stepchildren) and the third nationals spouses and children of Austrian nationals, provided that: the spouse or the child shall be entitled to establish a branch in accordance with the NAG. "

4. In Section 1, Section 5, the parenthesis shall be "(§ 18 FrG)" by the parenthesis expression "(§ 18 Established of the Established Act-NLV-G)" replaced.

5. In § 2 para. 2 lit. b eliminates the half-sentence "provided that the activity is not carried out on the basis of industrial or other regulations," .

6. In § 2 (4), after the expression "Request" the phrase "within three months" is inserted and at the end the following sentences are added:

" After the expiry of this period, the activity may also be taken without the necessary determination of the determination. If the application is dismissed after the expiry of the period, the activity which has already begun shall be terminated immediately, but at the latest within one week of the notification of the date of the complaint. "

7. The following paragraph 10 is added to § 2:

" (10) Foreigners whose employment contract with their international employer they are either employed shall be regarded as rotational labour force.

1.		as senior executives with responsibility for the management of relevant management tasks, or
2.		qualified employees assigned to the management of the company, who are obliged to provide in-house training or further training (managers ' growth in management), or
3.		as representative of representative foreign interest groups
, and provides for rotations with regard to the place of service. "

8. In § 3 (1) and (2), the word order shall be "or a certificate of establishment" through the phrase "or a" residence permit-unrestricted "or a residence permit" permanent residence EC "or a settlement certificate" replaced.

9. In § 3 (8), the expression "§ 1 para. 2 lit. l" by the expression " § 1 para. 2 lit. l and m " replaced.

§ 4 (3) Z 7 reads as follows:

" 7.		the foreigner about a right of residence according to the NAG or the Foreign Police Act 2005 (FPG), BGBl. I No 100, which does not exclude the exercise of employment, or which has the status of a subsidiary entitled to protection in accordance with Section 8 of the Asylum Act 2005, or has submitted an application for asylum which has not been legally binding for three months , and the procedure has not been terminated (§ 24 Asylum G 2005) or is entitled to reside in the Federal territory pursuant to § 76 of the NAG, or enjoys a freedom of view and establishment; "

11. § 4 (6) (4a):

" 4a.		the foreigner's spouse or unmarried minor (including the head and adoptive child) of a permanently established and employed foreigner, or "

Section 4 (8) reads as follows:

"(8) In the case of applications for foreign nationals who comply with paragraph 6 (4a) and have already been legally established in the Federal Republic of Germany for twelve months, the labour market examination in accordance with paragraphs 1 and 2 shall not apply."

13. In § 5 (1), the parenthesis shall be "(§ 18 FrG)" by the parenthesis expression "(§ 18 NLV-G)" replaced.

14. In § 5 (1a) the expression "§ 18 FrG" by the expression "§ 18 NLV-G" replaced.

Section 8 (2) reads as follows:

' (2) The employment permit issued for the first time for a foreigner must also be linked to the requirement that, in order to preserve the employment of domestic workers, the employment of workers in the case of employment is not

a)		the reduction in the number of jobs to be solved by the employment of foreigners in front of those of domestic workers;
b)		of short-time work within the meaning of the Labour Market Promotion Act before its introduction to the employment relationships of foreigners can be solved if this could prevent short-time work in the longer term.
From an intended measure in the sense of the lit. a has the employer to inform the regional office of the labour market service if the reduction in the number of jobs in relation to the total number of persons employed in the holding would reach a significant degree. "

16. § 11 (1) first sentence reads:

'If an employer intends to employ a foreigner who does not have a right of residence in accordance with Article 4 (3) Z 7, he must issue a certificate of protection on request.'

17. § 11 para. 2 reads:

" (2) The security certificate may only be issued if the conditions are fulfilled in accordance with § 4 (1), (2) and (6) and (3) (3) (1), (4), (6), (8) and (12) and, if the admission is subject to a quota (§ 12 NAG) or within the limits of a quota pursuant to § 5 , the quota or the quota has not yet been exhausted. "

18. In § 12 (3), the expression "§ 10 para. 1 or § 14 para. 2 FrG" by the expression "§ 41 para. 2 Z 2 NAG" and the expression "§ 22 para. 2 FrG" by the expression "§ 41 (2) (1) and (3) NAG" replaced.

Section 12 (4) reads as follows:

" (4) The regional office of the Labour Market Service shall consult the Regional Advisory Board and inform the Regional Governor in writing within three weeks of the existence of the conditions set out in paragraph 1 (1) (1). The Governor of the Land has to grant the foreigner a "Establishment Permit-Key Force" (§ 41 NAG), provided that all the conditions for the establishment are fulfilled, which indicates that he/she is simultaneously employed as a Key power is authorized. In addition, he has to notify the employer of a communication in this regard, to inform the regional office of the Labour Market Service of the admission to the market and to inform the competent authority of the competent authority in accordance with the NAG within the framework of the central information collection. The regional office of the Labour Market Service shall immediately after the start of employment review the registration of the key force for social security. If the application for social security does not correspond to the salary and working conditions specified in the application, the competent tourist authority must be informed (§ 54 FPG). "

20. § 12 (5) last sentence is deleted.

21. § 12 (6) reads:

" (6) Admission as a key force shall be granted to the foreigner for a maximum period of 18 months. It applies to a particular employer in the entire Federal territory. In the event of a change of employer during the first 18 months, the provisions of paragraphs 1 to 5 shall apply mutatily. "

22. In § 12 (8), the expression "Section 89 (1a) of the FrG" by the expression "§ 41 NAG" replaced.

23. The following paragraphs 9 and 10 are added to § 12:

"(9) Key forces are to be granted a" settlement permit-unrestricted " (§ 8 paragraph 2 Z 3 NAG) if they have been employed as a key force for twelve months within the last 18 months. The regional offices of the Labour Market Service have to inform the competent authorities in accordance with the NAG of the existence of this requirement (Section 43 (1) NAG).

(10) Sections II (c) and (III) shall not apply to key forces. "

(24) In § 12a (3), the word order shall be "or a settlement certificate" through the phrase " , a "residence permit-unrestricted", a residence permit "permanent residence EC" or a residence permit " replaced.

Section 14a (1) reads as follows:

" (1) A foreigner shall be issued a work permit on request if he/she

1.		in the last 14 months a total of 52 weeks in the federal territory within the meaning of section 2 (2) with an activity subject to the scope of this federal law has been permitted and lawfully established, or
2.		Spouse or unmarried minor child (including the child and adoptive child) of an expat in accordance with Z 1 and has already been legally established in the Federal Republic of Germany for twelve months. "

26. In accordance with Section 14a (1), the following paragraph 1a is inserted:

" (1a) times of employment

1.		in accordance with Article 3 (5) or
2.		in accordance with § 18 or
3.		within the limits of a quota pursuant to § 5 or
4.		as cross-border commuters (Article 2 (7)), or
5.		on the basis of an employment permit for artists according to § 4a
shall not be taken into account as periods of employment as specified in paragraph 1 (1).

27. § 14e para. 1 Z 2 reads:

" 2.		the foreigner has been employed for at least 18 months under this federal law for the last two years and is legally established. "

Section 15 (1) reads as follows:

" (1) A foreigner who does not yet have unrestricted access to the labour market (§ 17) shall be issued a waiver on request if he/she is

1.		during the last eight years at least five years in the territory of the Federal Republic of Germany with an activity subject to the scope of this Federal Law has been allowed to work and is lawfully established, or
2.		the last full school year before the end of his compulsory schooling in accordance with the obligations of the School Pflichtgesetz 1985, BGBl. No 76, has been legally established in Austria and at least one parent has been in employment in the Federal Republic for at least three years during the last five years, or
3.		until now according to § 1 para. 2 lit. l and m are not subject to the scope of this federal law and continue to be legally established, or
4.		Spouse or unmarried minor child (including the child and adoptive child) of an expo in accordance with Z 1 to 3 and has already been legally established in the Federal Republic of Germany for twelve months. "

29. § 15 (4) deleted.

30. In § 15 (6) the word order shall be "a certificate of establishment" through the phrase "a" residence permit-unrestricted "or a residence permit" permanent residence " replaced.

31. § 15a together with the headline is:

" Extension

§ 15a. (1) The exemption certificate shall be extended if the conditions for eligibility are fulfilled in accordance with Section 15 (1) or if the foreigner has been employed for at least two and a half years in the Federal territory pursuant to this Federal Act for at least two and a half years (Section 2 (2)). and is legally established. The reasons for the inhibition of § 15 (2) apply.

(2) If an application for the renewal of a certificate of liberation is submitted before the expiry of the expiry date, the latter shall be deemed to have been extended until the final decision on the application has been passed. "

32. § 17 together with the headline is:

" Unrestricted access to the labour market

§ 17. (1) Foreigners who

1.		on a certificate of establishment (§ 24 FrG 1997) or
2.		a residence permit "permanent residence EC" (§ 45 NAG), or
3.		via a "settlement permit-unlimited" (§ 8 para. 2 Z 3 NAG)
, are entitled to pursue employment throughout the territory of the Federal Republic of Germany.

(2) In the case of foreigners pursuant to section 49 (3) of the NAG, the labour market service of the competent authority in accordance with the NAG prior to the granting of the "settlement permit-unlimited" has a continuous admission to an employment of 12 months to be confirmed. "

33. § 18 (12) reads:

" (12) No sending authorisation is required for foreigners who are posted to the territory of the European Union by an employer with a registered office in a Member State of the European Union for the purpose of providing a temporary service. However, the intended posting is from the foreigner or from his employer or from the domestic client of the employer prior to the working commenced at the regional office of the Labour Market Service, in whose Sprengel the Work performance is to be reported. The competent regional office of the Labour Market Service has to confirm the advertisement within two weeks (confirmation of the EU's confirmation). It has to prohibit the posting if:

1.		the foreigner in the State of the place of residence has not been properly and permanently in a direct employment relationship with the sending employer for at least one year or has not concluded an indefinite employment contract with him or not in a direct employment relationship with the employer on the corresponding permits from the sending State for the employment of third-country nationals or
2.		the Austrian wage and working conditions, in particular in accordance with Section 7b (1) and (2) of the Labour Contract Law Adaptation Act (AVRAG), BGBl. No 459/1993, or the provisions on social insurance legislation. '

34. § 18 (13) to (16).

35. In § 20b, paragraph 4:

"(4) The entitlement under paragraph 1 arises only if the foreigner is legally established in the federal territory or is rotational labour force."

36. In § 24, the expression "Section 89 (1a) of the FrG" by the expression "§ 41 NAG" replaced.

37. In § 26 (4), after the expression "means of transport" the phrase "to stop and" inserted.

38. § 27 (4) reads:

" (4) The offices of the Labour Market Service have the authorities responsible for the performance of the tasks according to the NAG and the FPG on granted employment permits and in respect of those employed in the framework of contingents pursuant to § 5 In addition, to inform foreigners about the termination of employment reported by the employer (§ 26 paragraph 5 Z 2). "

39. § 27a (3) reads:

" (3) The competent authority in accordance with the NAG shall have the national office of the Labour Market Service for the purpose of determining the maximum numbers according to this Federal Act up to the 15th. one month over those foreigners who received a "residence permit-unrestricted" or a residence permit "permanent residence" in the previous month, supported by automation in a form which is technically suitable for the labour market service to submit the following data free of charge:

1.		the name, date of birth, sex and nationality of the country or country of origin, or
2.		the social security number of the exportor; and
3.		the date of issue of the "residence permit-unlimited" or the residence permit "permanent residence EC". "

40. In § 28 paragraph 1 Z 1 lit. a becomes the phrase "or proof of establishment (§ 24 FrG)" through the phrase "or a" settlement permit-unrestricted "(§ 8 paragraph 2 Z 3 NAG) or a residence permit" permanent residence-EC "(§ 45 NAG) or a proof of establishment (§ 24 FrG 1997)" replaced.

41. In § 28 paragraph 1 Z 5 lit. a and b will each be the reference "§ 18 (12) to (16)" by reference "§ 18 (12)" replaced.

Section 32a (1) reads as follows:

" (1) § 1 para. 2 lit. l and m shall not apply, with the exception of nationals of the Republic of Malta and the Republic of Cyprus, to nationals of those Member States of the European Union which, on 1 May 2004, are nationals of those Member States of the European Union, as a result of the Treaty of Accession of Republic of Cyprus, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (Treaty of Accession), Official Journal of the European Union No. OJ L 236, 23 September 2003, p. 17 and No C 227 E of 23 September 2003, of the European Union, unless they are spouses, children, parents or parents-in-law of a person entitled to freedom of movement of another Member State of the European Union. Economic Area (EEA), which has already been a member of the EEA before the entry into force of the Accession Treaty, or is the spouse or children of an Austrian citizen or a national of another EEA Member State who has the right to Free movement of persons does not take up. "

43. In Section 32a (6) and (7) the reference shall be made "§ 18 (12) to (16)" by reference "§ 18 (12)" replaced.

44. The following paragraph 28 is added to § 34:

" (28) The § § 1 para. 2 lit. a, i, l and m and para. 5, 2 para. 2 lit. b, 4 and 10, 3 para. 1, 2 and 8, 4 para. 3 Z 7, para. 6 Z 4a and para. 8, 5 para. 1, 1a and 5a, 8 para. 2, 11 para. 1 and 2, 12 para. 3, 4, 5, 6, 8, 9

and 10, 12a (3), 14a (1) and 1a, 14e (1) (2), 15 (1), (4) and (6), (15a), (17), (12) to (16), (4), (24), (4), (4), (4), (4), (4), (4), (4) and (4), ( a and Z 5 lit. a and b and 32a (1), (6) and (7) in the version of the Federal Law BGBl. I n ° 101/2005 enter into force 1. Jänner 2006 in force. "

Fischer

Bowl