170. Ordinance of the Federal Minister for Justice on the Women's Development Plan for the Justice Department for the period up to 1. Jänner 2010

On the basis of § 11a of the Federal Equal Treatment Act, Federal Law Gazette (BGBl). Nr.100/1993, as last amended by the Federal Act BGBl. I No 65/2004, shall be assigned:

Women's promotion plan for the Justice Department for the period up to 1. Jänner 2010

Objectives and measures to achieve objectives

Objectives

§ 1. (1) The Federal Ministry of Justice is committed to an active equal treatment and gender equality policy in order to ensure equal opportunities for women and men.

(2) The aim of the implementation of the Women's Development Plan is to achieve and achieve the following objectives in particular:

1.		To promote the recognition of women as equal and equal partners in the professional world and to promote a positive attitude towards women's professional activities at all levels of the hierarchy,
2.		the promotion of the professional identity and self-awareness of women,
3.		the promotion of consensus on the equivalence of women's and men's work;
4.		the reduction of existing disadvantages for women,
5.		the improvement of the reconciliation of work and family life for women and men,
6.		the promotion of equal representation of women in all decision-making structures, at least in proportion to their share in employment,
7.		raising the proportion of women in the use and pay groups in which women are under-represented,
8.		the increase in the proportion of women in management positions and
9.		the guiding principle of gender mainstreaming in all measures and policies, as well as specific measures for the advancement of women, such as the mentoring programme for women, in the system of personnel planning and personnel development of the Federal Ministry of Education and Research for justice.

Measures

Protection of human dignity at work

§ 2. (1) The dignity of women and men in the workplace must be protected. Behaviour which violates the dignity of the person, in particular degrading statements and representations (poster, calendar, screen saver, etc.), bullying and sexual harassment, are to be subdued. The service provider will take appropriate measures to raise awareness.

(2) The employees shall be informed about the legal and other possibilities of opposing sexual harassment or bullying, as well as on the occasion of the employee's interview.

(3) It is necessary to respect a working atmosphere, which is carried out by mutual respect.

Increase in the proportion of women

§ 3. In accordance with Section 11a (2) B-GlBG, in any case, it is necessary to determine in which time and with which personnel, organisational as well as training and further education measures in which uses an existing under-representation as well as with which of the women's rights are to eliminate existing disadvantages for women. In each case, binding targets for increasing the number of women in the women's rights are in place for two years

1.		each grade, in each remuneration scheme or in any group of uses or remuneration, or
2.		-if there is a subdivision into functional groups (including basic runway), salary groups or application groups-in the group concerned, or
3.		in the relevant highlighted uses (functions), which account for the category not divided into groups in accordance with Article 11 (2) (1) (B) (B) GlBG,
in the sphere of action of each service authority.

§ 4. (1) It belongs to the official duties of the representatives of the employer (§ 2 para. 4 B-GlBG), in accordance with the guidelines of the Women's Development Plan for the elimination of an existing under-representation of women in the total number of women. Employees and the functions, as well as the existing disadvantages of women in connection with the employment relationship (women's promotion bid).

(2) A under-representation is present when the proportion of women in the total number of women

1.		permanently employed persons in the grade concerned, in the corresponding remuneration scheme or in the relevant group of uses or remuneration, or
2.		-if there is a subdivision into functional groups (including basic runway), salary groups or assessment groups-permanently employed persons in the group concerned, or
3.		other highlighted uses (functions), which are attributable to the permanently employed persons in the category according to Z 1, which do not have a subdivision into groups,
is less than 40% in the area of action of the service authority concerned.

(3) If a group of uses is opposed to a corresponding pay group, it should be included in the comparison. In this context, the employment of remuneration schemes v and h must be attributed to the use group and function group (including the basic career path) corresponding to their evaluation in the law on civil servants (Section 11 (2) B-GlBG).

(4) Those in the Annex In order to increase the proportion of women, the obligation to eliminate the existing under-representation of women in the sense of a step-by-step elimination of 40% is to be determined by the obligation to increase the number of women in the women's The priority is to include women in the Federal Service in accordance with § 11b B-GlBG and to give priority to women in the promotion of professional advancement in accordance with § 11c B-GlBG.

(5) Other "highlighted uses (functions)" shall be regarded as:

1.		in the field of judges (Art. IV RDG)
		President/President and Vice-Presidents of the Supreme Court
		Presidents and Vice-Presidents of the Higher Regional Courts
		Presidents and Vice-Presidents of the Court of First Instance
		Judges of each salary group R 2 (II) and R 3 (III)
		Presiders of the District Courts
2.		in the area of public prosecutors
		Head/in and First Deputy/Head of the Head of the General Procuration
		Head of the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften) and First Deputy Head of the Oberstaatsanwaltschaften (Oberstaatsanwaltschaften)
		Head of the Public Prosecutor's Office and First Deputy Head of the Public Prosecutor's Office
		Public prosecutors in each of the salary groups St2 (II) and St3 (III)
		Group Leader
3.		in the field of non-compulsory staff
a)			in the section Courts and Public Prosecutors
aa)				in category A2, B/Entlohnungsgruppe b and v2:
			Head of the offices
			Head of Unit
bb)				in the category A3, C/Entlohnungsgruppe c and v3:
			Head of the offices
b)			in the case of judicial institutions
aa)				in category A1, A/Entlohnungsgruppe a:
			Head of the company
bb)				in the E1/W1 use group:
			Head of the company
c)			in the area of probation assistance
aa)				in category A1, A/Entlohnungsgruppe a:
			Head of business offices
bb)				in category A2, B/Entlohnungsgruppe b:
			Head of business and external offices

Priority

§ 5. (1) In the case of admission to the Federal Service, applicants who are equally suitable for the planned job as the best-suited competitor should be given priority in accordance with the guidelines of this women's subsidy plan in accordance with § 11b B-GlBG. This is also true if the women's support plan does not take action because of the fact that the 40% female quota is reached or exceeded in a group, but that the proportion of women there would fall below 40%. If, in the case of admission to the Federal Service, the assignment to more than one group is considered and even only one of these groups in consideration has a under-representation, § 11b B-GlBG is to be applied.

Priority on career advancement

§ 6. (1) Applicable candidates who are equally suitable for the intended use (function) as the best-suited competitor should be ordered as a priority in accordance with the guidelines of this women's subsidy plan according to § 11c B-GlBG. This is also true if the women's support plan does not take any action because of the 40% quota of women being reached or exceeded, but the proportion of women would fall below 40% by placing an order. If the assignment to more than one group is considered in the career advancement and only one of these groups in consideration has a under-representation, § 11c B-GlBG is to be applied. According to Art. IV, Section 2 of the Judge Service Act, BGBl. No. 305/1961, the Federal Employment Equality Act is also to be applied to the reimbursement of the remuneration proposals by the Staff Senates.

(2) This funding measure should already be taken into account in the case of the use of ascended activities, in particular the presidents of the regional courts and the Higher Regional Courts for cooperation in judicial administrative matters. According to § 31 (2) and § 43 (1) and (2) of the Law of the Judith Organization, RGBl. No 217/1896, with the same suitability as a priority for judges to be used.

Priority in education and training

§ 7. (1) In the educational concept of the department, provision should be made for specific training courses specific to women, in particular the relevant training courses offered by the Working Group on Equal Treatment. The training measures for managers and managers have also been extended to cover the themes of "women's discrimination", "bullying", "equal treatment" and "targeted promotion of women".

(2) Women are to be given priority to participate in training and further education measures which qualify for the acquisition of higher-value uses (functions), in accordance with the guidelines of this women's subsidy plan (§ 11d B-GlBG). This applies in particular to judicial administrative training. This funding measure has already been mentioned in the call for tenders for training and further training events. Decisions on the admission of female service employees to basic training must be made without taking any account of their partial employment. It is also possible to take part in the participation of carded female service employees.

(3) The extraction of presenters for training events and training courses shall include a representative participation of women, as well as relevant prior knowledge in the fields of equal treatment, anti-discrimination and gender To take mainstreaming into account.

RFQ

§ 8. (1) In the case of invitations to tender for the planning of a particular use (classification) or of certain functions, the indication that the proportion of women in the scope of action of the service authority concerned is less than 50% shall be included in the notice that: Applications of women for these posts and functions are particularly desirable.

(2) Where the proportion of women in a particular use (classification) or a specific function is less than 40%, the invitation to tender shall also include an indication that women are equal in their suitability in the cases of § § 11b and 11c B-GlBG should be given priority in accordance with the Frauenförderungsplanes (§ 7 para. 3 B-GlBG).

(3) The intended occupancy of jobs which are not subject to a tendering procedure, but which are subject to a professional advancement, shall be suitably adapted to the applicant/innenkreis and the competent authority concerned. To make equal treatment officers known in the relevant department. The nature of the contract notice will be based on the local conditions and the eligible applicant group (Section 7 (1) B-GlBG).

(4) In the event that the publication in the "Official Journal of the Wiener Zeitung" (Official Journal of the Wiener Zeitung) is to be published, there shall also be included in the announcement of the announcement of the carded service.

Composition of Commissions

§ 9. (1) In the case of the composition of commissions provided for in the rules on service law, which are called for the preparation of decisions or decisions in personnel matters, the reappointment of Commission and To take account of the numerical ratio of female and male employees in the group of persons affected by the Commission's sphere of competence. Of the persons to be ordered by the service provider, women are to be ordered at least in the number corresponding to this numerical ratio. If no woman is appointed as a member of such a Commission or of her Senate, the Chairperson of the Working Party or the staff member of the Commission shall have the right to attend the meetings of the Commission or of the Senate concerned. to participate in an advisory vote (Section 10 (1) B-GlBG).

(2) The nomination of members for other commissions, in particular those with a judicial participation, shall also be taken into account in the numerical relationship between female and male staff.

Other measures

§ 10. (1) In the context of their duty of care, the service superiors shall have the service of their employees, for example by motivating them for functions and higher-value uses or by inviting them to participate in the service. Special attention should be paid to training events.

(2) The topics relevant to the achievement of the objectives of this promotion plan shall be included, at least once a year, on the agenda of the meetings of the relevant personnel responsible, in particular those responsible for the implementation of the Women's Development Plan. President/inn/enconferences of the Oberlandesgericht (Oberlandesgericht), the leaders 'meetings of the Oberstaatsanwaltschaften (Oberlandesgericht) and the directors' meetings of the judicial institutions. In order to discuss this agenda item, the chairperson of the working group and a deputy, who may have been appointed by name, should be invited.

(3) In the context of construction measures, it is possible to take account of the increased space requirements for partial employees and part-time-scale devoided persons.

(4) The employment bans in accordance with the Maternity Protection Act must be strictly observed by the employer; expectant mothers must be supported by work organisation and other measures.

(5) After the return of female service workers from the maternity protection or Special attention shall be paid to the family interests of these staff members in the division and transfer of tasks (work organisation) from carded parents to the workplace. Requests for translation to facilitate the reconciliation of work and family are to be taken into account, unless there is a lack of interest in the service.

(6) In the case of events, injunctions and correspondence of the department of justice, as well as on the official boards and door signs, women are to be made visible in the language. All women ' s posts in question, as well as all official titles and designations of use of women, shall, in so far as it is linguistically possible, be used in the female form.

(7) The names of the equal treatment officers responsible for the relevant sphere of action and their deputy (s), as well as the chairperson of the Working Group on Equal Treatment Issues at the Federal Ministry of Justice and its Representatives are to be found in the business distribution overviews and telephone registers of each department under the heading "Equal Treatment Officer/Chairperson of the AGG".

Reports and understandings

§ 11. (1) In order to prepare the report to be made by the Federal Minister for Justice in accordance with § 12 B-GlBG to the Federal Minister for Health and Women's Federal Minister for Health and Women, the heads of the subordinated service authorities have until 31. Jänner every second year, this is for the next report of the 31. Jänner 2006, the Federal Ministry of Justice, on the state of implementation of equal treatment and the promotion of women in the two previous calendar years in their field of action. For this purpose, the report tables provided by the Federal Ministry of Justice are to be used.

(2) In accordance with Section 29 (3) B-GlBG, the working groups may, if necessary, by the end of January of each year, the Head of the Central Agency, a written report on the implementation of equal treatment and the advancement of women in the resort in the previous calendar year.

(3) The heads of the subordinated service authorities and the organisational unit of the Federal Ministry of Justice responsible for the staff of the Central Office have for this purpose, until 11 February of the following year, the working group for Equal treatment issues in the Justice Department, up to and including 1. To announce changes in the proportions of women in the total number of persons employed and of the functions in each group (as in the annex) in their area. In this case, the fluctuation in the respective site areas is to be presented, with the aid of statistical data on the planning areas of the respective service authority, using the structure indicated in the annex. In addition, in addition, written reports shall be attached to the causes and reasons leading to non-compliance with the mandatory requirements.

(4) In the context of § 31 B-GlBG, the Equal Treatment Officer and their deputists shall also be provided with information and, if requested, all requested information, such as evaluations from the staff information system of the Federal Government or other statistical evaluations. Statistical data are to be prepared in the form requested by the equal treatment officers-in particular on request separately by sex (women's figures).

(5) All occupancy procedures relating to posts in use, wage or salary groups or functional areas where the mandatory requirements are not met, according to the Annex, shall be the equivalent of the Equal Treatment Officer of the to the appropriate representative area without delay and without any form of formal notice. In this context, the equal treatment representatives shall be informed, in particular, of which posts have been advertised publicly or internally, who has applied and-if women have appeared as co-applicants-who ultimately has to the advertised post office has been appointed.

Miklautsch