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Change Of The Agricultural And Forestry Vocational Training Act

Original Language Title: Änderung des Land- und forstwirtschaftlichen Berufsausbildungsgesetzes

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46. Federal Act amending the Land and Forest Vocational Training Act (VET)

The National Council has decided:

The Land and Forest Vocational Training Act, BGBl. No 298/1990, as last amended by the Federal Law BGBl. I No 102/1998, shall be amended as follows:

1. (Policy determination) Section 2 (4) shall be replaced by the following paragraphs 4 and 5:

" (4) Special independent training institutions are bodies which, according to § 15a, have been granted the training of apprentices.

(5) Apprentices are persons who, on the basis of a teaching contract, are responsible for the learning of a teaching profession referred to in § 3 (2)

1.

in the case of a worker with a professional training and being used in the course of that training, or

2.

be trained in a special independent training facility. "

2. (Policy determination) The following paragraph 5 is added to § 5:

" (5) The implementing legislation has to determine to what extent a course according to § 3 of the Youth Education Safety Act, BGBl. I n ° 91/1998, as amended, to be included in the teaching period. '

3. (Policy determination) In accordance with § 7, the following § § 7a and 7b together with the headings are inserted:

" Partial Checks

§ 7a. (1) In the examination regulations it can be provided that in individual teaching occupations partial examinations for the examination of the skilled worker on individual parts of the professional image are already admissible before the dates mentioned in § 7 para. 1 or 2.

(2) The prerequisite for the admission to a partial examination is that the training in this part of the job picture both in the course of the training in the teaching establishment or the special self-employed training institution as well as successful in the course of the vocational education and training course, of a professional course.

(3) If a partial examination has been successfully filed, this part of the job picture is no longer to be examined in the framework of the skilled worker examination according to § 7. The examination according to § 7 shall be deemed to have been filed by partial exams in all parts of the occupational picture.

Training experiments

§ 7b. (1) If it is in the interest of improving the training of apprentices, the State Government may, in order to determine whether certain professional activities are appropriate, the subject of a new teaching profession in the period of three years on the To form the area of agriculture and forestry, after consultation of the agricultural and forestry apprentia and specialist training centre and the Federal State and Forest Economic Training Centre by means of a regulation, the implementation of the of a training experiment.

(2) This Regulation shall specify:

1.

the professional activities concerned,

2.

the duration of the training test,

3.

the training regulations,

4.

the items of the final examination,

5.

the rules on the final certificate,

6.

Provisions relating to the recognition of a successfully completed apprenticeship as a teaching profession in accordance with § 3 (2),

7.

Provisions relating to the calculation of apprenticeship periods completed in a training attempt in a teaching profession in accordance with § 3 (2),

8.

Provisions relating to the calculation of apprenticeship periods completed in a teaching profession in accordance with Section 3 (2) or in a teaching profession outside agriculture and forestry, in the course of the training test, and

9.

The calculation of the training by attending a school according to § 8.

(3) For the duration of a training attempt, the activities forming part of its subject-matter are to be considered to be equivalent to a teaching profession in accordance with Section 3 (2).

(4) The teacher or the special independent training institution has

1.

to provide the agricultural and forestry apprentice and specialised training centre with information, on request, on the detailed design and results of the measures taken in the course of the training experiment in question;

2.

to allow the monitoring of these measures by the agricultural and forestry apprentists and specialised training departments.

(5) The implementing legislation has to provide that the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture and Forestry, for the duration of the training test, shall report annually on the training test and the The report shall be submitted to the final examination. A final report shall be submitted no later than six months after the completion of the training test.

(6) If the activities forming the subject of a training test are included in the apprenticeship list in accordance with Section 3 (2) after the completion of the training test as a teaching profession, the successful final examination shall be deemed to be valid as a Skilled worker examination in accordance with § 7. "

4. (Basic provisions and federal law directly applicable) In accordance with § 11, the following section 3a (§ § 11a to 11i) together with the headings is inserted:

" Section 3a

Integrative vocational training

Extended teaching time

§ 11a. (1) In order to improve the integration of disadvantaged persons with personal educational obstacles to working life, the teaching contract can be used at the beginning or during the course of the teaching contract to provide a basis for the integration of disadvantaged persons in the apprenticeship contract, as well as to § 5 (2) of the agreed on a longer period of teaching in relation to Section 126 (1) of the Landarbeitsgesetz 1984.

(2) The period of teaching may be extended by a maximum of one year, in exceptional cases by up to two years, provided that this is necessary for the attainment of the skilled worker examination.

(3) Apprentices who are trained with an extended period of teaching shall be treated in the same way as other apprentices with regard to their compulsory vocational training.

(4) integrative vocational training according to paragraph 1 shall be carried out primarily in teaching establishments.

Partial Qualification

§ 11b. (1) In order to improve the integration of disadvantaged persons with personal placement obstacles to working life, a training contract may limit the definition of a partial qualification by restriction to certain parts of the A professional image of a teaching profession, if necessary with the addition of skills and knowledge from occupational profiles of other teaching professions, are agreed. The training contract must include skills and knowledge which can be used in economic life.

(2) In any case, the agreement shall specify the skills and knowledge to be mediated and the duration of the training.

(3) The duration of this training may be between one year and three years.

(4) In the case of persons who are trained in a partial qualification, the obligation or duty shall apply in accordance with the provisions of § 11d. the right to attend the vocational school.

(5) integrative vocational training according to paragraph 1 shall be carried out primarily in teaching establishments.

Group of persons

§ 11c. (1) For the training in an integrative vocational training, persons who do not have the labour market service in a teaching relationship according to § 5 of this Federal Law or according to § 1 of the Vocational Training Act (BAG), BGBl. No 142/1969, as amended, and to which at least one of the following conditions applies:

1.

persons who had special educational needs at the end of compulsory education and who were at least partially informed according to the curriculum of a special school, or

2.

Persons without a secondary school leaving certificate or with a negative secondary school degree, or

3.

Disabled persons in the sense of the disability employment law, BGBl. N ° 22/1970, as amended, respectively; the relevant State disability act, or

4.

Persons who, in the course of a vocational orientation measure or because of a non-successful mediation, must be accepted into a teaching relationship according to § 5 of this Federal Act or § 1 BAG, that for them shall be made exclusively in the It is not possible to find such a training place in the foreseeable future for reasons of this kind.

(2) (Federal Law Applicable directly) Prior to the start of an integrated vocational training course, the labour market service can recommend a visit to a professional orientation measure. This is based neither on a teaching contract nor on a training contract.

Training content

§ 11d. (1) The definition of the content of training, the training target and the duration of the integrative vocational training has been determined by the contracting parties together with the vocational training assistant, with the participation of the agricultural and forestry sector. Apprenticeship and specialised training centre, the school authority and the school holder before the training begins.

(2) In this connection, pedagogical accompanying measures or to define the form of involvement in vocational education and training, taking into account personal skills and needs.

Approval of a training relationship

§ 11e. The agricultural and forestry apprentia and specialist training centre may only approve an apprenticeship contract in accordance with § 11a or a training contract in accordance with Section 11b if:

1.

the conditions set out in section 11c (1) are met; and

2.

a binding declaration by the Labour Market Service, the Federal Social Office, a local authority or a body of a local authority on the implementation of the vocational training assistance system.

Vocational training assistance

§ 11f. (1) The training in an integrative vocational training according to § § 11a and 11b is to be accompanied and supported by a vocational training assistant. This has to be done by proven facilities in the field of social pedagogical support and support, which are provided by the Labour Market Service, the Federal Social Office or a local authority with the implementation of the vocational training assistance. have been entrusted.

(2) In the course of their support activities, the vocational training assistant has social pedagogical, psychological and didactical problems of persons entrusted to it in the context of integrative vocational training, with representatives of teaching establishments, special self-employed training institutions and vocational schools, in order to help solve these problems.

(3) The vocational training assistant has to participate in the definition of the training contents of integrative vocational training (§ 11d).

(4) The vocational training assistant has to participate in the final examinations according to § 11g.

(5) In the event of a change of training, the vocational training assistant has to establish the agreement with those involved in the integrative vocational training and to carry out special consultations in this regard.

Final examination at partial qualification

§ 11g. (1) In order to determine the qualifications acquired in an education according to § 11b, a final examination may be carried out within the last twelve weeks of the training. This is to be carried out by an expert of the relevant profession and a member of the vocational training assistant, which is to be nominated by the agricultural and forestry apprentists and specialist training centre.

(2) On the basis of the training contents and training objectives agreed in the training contract, the final examination shall determine which level of training has been achieved and what skills and knowledge have been acquired.

(3) The agricultural and forestry apprentil and specialised training centre must issue a final certificate of auditing. If necessary, it is to be confirmed in the audit certificate that the essential parts of a teaching profession have been learned, insofar as this makes sense to improve the chances on the labour market.

(4) The closer conduct of the final examination and the design of the final examination certificate shall be determined in accordance with the requirements of the relevant professional area by the agricultural and forestry apprentistation and specialist training centre.

(5) Part audits of the final examination of individual parts of the skills and knowledge to be mediated may be held prior to the period referred to in paragraph 1. § 7a (2) and (3) must be applied with the proviso that the conditions of Section 7a (2) may be deviated from, insofar as this appears to be appropriate on the basis of the skills and knowledge to be mediated.

Change of training

§ 11h. (1) A change between the training in a teaching relationship according to § 5, a teaching relationship according to § 11a and a training relationship according to § 11b is due to an agreement between the lecturer and/or the teacher. the training institution on the one hand and the apprentice the trainee may, on the other hand, in agreement with the vocational training assistant and with the participation of the school authority and the school holder, be allowed.

(2) The change has to be made by the conclusion of a new teaching contract or Training contract, if there is a change between an apprenticeship according to § 5 and a teaching relationship according to § 11a, also by changing the teaching contract to be made. In agreement with the vocational training assistant and the agricultural and forestry apprentil and specialist training centre, the training contents which are required as a result and the duration of the training which is still required are to be defined.

(3) The trial period in accordance with Section 126 (2) of the Landarbeitsgesetz (Landarbeitsgesetz) in 1984 does not begin to run anew in the event of a change of training in the same teaching establishment or in the same training facility.

(4) In the course of an education according to § 11b both the training goal according to § 11g in the sense of a successful completion of the final examination as well as the professional educational goal of the first school level of the vocational school is largely achieved, so is In the case of subsequent training in a teaching profession in accordance with § 5 or § 11a, at least the first year of teaching is to be applied to the duration of the apprenticeship period, unless the agreement provided for in paragraph 2 provides for a more extensive credit transfer.

Application of legislation

§ 11i. (1) (Basic provisions and federal law directly applicable) The remaining sections of this Federal Act as well as Section 6 of the Land Labour Act 1984 shall apply to persons who are trained in a partial qualification in accordance with § 11b, unless otherwise specified in this section.

(2) (Federal Law Applicable directly) Persons who are trained in a partial qualification according to § 11b are considered to be apprentices within the meaning of the General Social Insurance Act, BGBl. No. 189/1955, the Family Last Compensation Act, BGBl. No 376/1967, the 1977 Unemployment Insurance Act, BGBl. No. 609, of the Insolvency-Remuneration Assurance Act, BGBl. No 324/1977, and the Income Tax Act 1988, BGBl. No. 400, all in the version in force. The same shall apply to persons who are in a professional orientation measure pursuant to Section 11c (2), up to a period of six months. "

5. (Policy determination) The following paragraph 4 is added to § 12:

" (4) In the examination regulations it may be provided that, in individual training occupations, partial examinations for the master examination of individual parts of the professional image are already admissible before the dates mentioned in paragraph 1. The more detailed conditions are to be regulated by the implementing legislation. "

6. (Policy determination) In § 14, at the end of Z 7, the point is replaced by a stroke, and the following Z 8 is added:

" 8.

Participation in integrative vocational training in accordance with Section 3a. "

7. (Policy determination) In accordance with § 15, the following § 15a and heading is inserted:

" Special independent training facilities

§ 15a. (1) Vocational training in special self-employed training establishments which are not in the form of a course of training may be authorised by the agricultural and forestry apprentiary and specialised training centre, provided that an instructing is charged with the training of apprentices within the meaning of § 2 para. 3.

(2) Implementing legislation has more detailed provisions on

1.

the conditions for the granting of the authorization,

2.

the duration of the authorisation and

3.

the withdrawal of the authorization if the conditions are no longer available.

(3) The inclusive vocational training (Section 3a) in special independent training institutions is to be approved separately by the agricultural and forestry apprentitious and specialised training centre. The implementing legislation has to be adopted in accordance with special provisions within the meaning of paragraph 2.

(4) Section 6 of the Land Labour Act 1984, with the exception of section 125 (6) to (8), shall apply to training in special independent training institutions. "

8. In § 16, the expression "Labour Office" by the expression "Labour Market Service" replaced.

9. (Federal Law Applicable directly) The following paragraphs 3 and 4 are added to section 22:

" (3) The implementing laws of the Länder to § § 2 para. 4 and 5, 5 para. 5, 7a, 7b, 11a, 11b, 11c para. 1, 11d to 11h, 11i para. 1, 12 para. 4, 14 Z 8, 15a and 16, in the version of the Federal Law BGBl. No 46/2005 shall be adopted within six months of the date of the date of the presentation of this Federal Law, and shall have to provide that:

1.

the Implementing Regulations to Sections 11a, 11b, 11c (1), 11d to 11h, 11i (1) and 14 (8) (8) expire on 31 December 2010, with the completion of the training already begun; and

2.

the agricultural and forestry apprentice and specialist training body the measures taken in the implementing provisions of Sections 11a, 11b, 11c (1), 11d to 11h, 11i (1) and (14) Z 8 and its effects until 31 December 2008 of a The Federal Ministry of Economics and Labour is also responsible for the evaluation of the results.

(4) Until 31 December 2007, the Federal Minister for Economic Affairs and Labour has submitted a proposal for the design and content of the evaluation of integrative vocational education and training to the agricultural and forestry apprentists and vocational training centres. "

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