160. Federal law amending the Land Labour Act 1984

The National Council has decided:

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 64/2004 is amended as follows:

1. (Policy determination) Section 5 (4) of the sentence shall be based on the sentence "as well as from such establishments" the phrase " since the 1. Jänner 1990 " inserted.

2. (Policy determination) In accordance with § 9, the following § 9a and heading is inserted:

" Fixed-term Service

§ 9a. (1) A service provider with a service contract concluded for a specified period may not be penalised with a service contract concluded for an indefinite period, unless there are objective reasons justifying a service contract concluded between the service provider and the service provider. different treatment.

(2) The employer shall inform the service provider for an indefinite period of service with a service relationship which has been concluded for a certain period of time concerning service relations which are free of the company or establishment. The information may be provided by means of a general announcement at an appropriate place in the enterprise or establishment which is easily accessible to the service provider. "

3. (Policy determination) In Section 16 (3), the quote shall be: "ASVG" by quoting " the General Social Security Act (ASVG), BGBl. No 189/1955, as amended, ' replaced.

4. (Policy determination) Section 21 (1) reads as follows:

" (1) If a service contractor is prevented from performing his work by illness (accident) after he has entered the service, without having caused the prevention intentionally or by gross negligence, he shall retain his right to the Pay up to a period of six weeks. The right to pay increases to the duration of eight weeks if the service is five years, from ten weeks, if it has taken 15 years and from 12 weeks, if it has taken 25 years uninterrupted. For a further four weeks, the service provider shall retain the right to half the remuneration. "

5. (Policy determination) In accordance with Article 26 (1), the following paragraph 1a is inserted:

" (1a) By means of collective agreement, provisions differing from paragraph 1 may be taken. Existing collective agreements shall be deemed to be different. "

Article 26a (1) to (3) reads as follows:

" (1) The male servant shall, at his request, be granted Karenz against the termination of the remuneration until the end of the second year of his/her child, unless otherwise specified in the following, if he/she is in the common position with the child. Budget lives. A simultaneous use of Karenz by both parents is not permitted in the case of Section 26b (2).

(2) If the mother has a right to Karenz, the employee's carency begins at the earliest with the termination of an employment ban of the mother after the birth of a child (§ 99 para. 1, similar Austrian legislation or similar Legislation of the Member States of the European Economic Area).

(3) If the mother does not have a right to Karenz, the carency of the employee begins at the earliest with the expiry of eight or more. in the case of early, multi-part or caesarean partsurts twelve weeks after birth. Refers to the mother's aid (weekly allowance) according to § 102a Industrial Social Security Act (GSVG), BGBl. No 560/1978, or in accordance with § 98 of the farmers ' social security act (BSVG), BGBl. No 559/1978, and the period of eight weeks is shortened prior to the release, the Karenz shall begin at the earliest with the date specified in § § 102a (1) sentence 4 of the GSVG and the fourth sentence of Article 98 (1) of the BSVG. "

5b. § 26d (4) and (5) shall read:

" (4) A service taker takes a child after the end of the 18. Life months, however, before the end of the second year of life in children, instead of or taking it in free care with the intention of taking it to the child instead, it may also be carded for up to six months over the second year of the life of the child. Take the child out.

(5) If a service taker takes care of a child after the end of the second year of life, but before the end of the child's seventh year of life, he or she shall take care of the child in his intention to adopt it in lieu of unpaid care, he shall Reason for adoption or acquisition in unpaid care entitlement to Karenz for a period of six months. In addition, § § 26a and 26b. "

5c. In § 26j (2) the quote becomes "§ 26i third sentence" by quoting "§ 26i (1) third sentence" replaced.

5d. § 31 (5) Z 1 reads:

" 1.		Employees from attaining the age limit required for the (premature) retirement pension or for taking up a pension from an insurance case of reduced employability from a statutory pension insurance or a pension scheme early retirement pension due to reduced work capacity from statutory pension insurance or due to the use of an age pension from statutory pension insurance in accordance with § 4 paragraph 2 General Pension Act (APG), BGBl. I n ° 142/2004, or because of the use of an age pension in accordance with § 4 para. 3 APG or "

6. (Policy determination) In section 31, paragraph 6, the citation shall be "(Article 26i (3))" by quoting "(Article 26i (4))" replaced.

7. (Policy determination) In Section 31 (7) (1), the quote shall be: "§ 26i para. 1" by quoting "§ 26h para. 1" replaced.

8. (Policy determination) Section 32, together with the headline:

" Leisure during the period of notice

§ 32. (1) In the event of termination by the employer, the service provider shall, during the period of notice, release at least one-fifth of the regular weekly working time, without any reduction in payment, on a weekly basis to his/her request.

(2) Claims pursuant to paragraph 1 do not exist if the employee has a right to a pension from the statutory pension insurance, provided that a certificate of the provisional health insurance is issued by the pension insurance institution (Section 10 (7) of the ASVG).

(3) Paragraph 2 shall not apply in the event of termination on account of the use of a sliding board in accordance with § 253c ASVG.

(4) Collective agreements may be subject to different arrangements. "

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

' (3) If there is no employee representation in a company or establishment, the transferor or the acquirer shall have the person affected by the transfer of business in advance of the

1.		the date and the planned date of the transition,
2.		the reason for the transition,
3.		the legal, economic and social consequences of the transition to the service provider; and
4.		the measures envisaged with regard to the service takers
in writing. This information may also be provided by means of a suitable position within the undertaking or establishment which is easily accessible to the service provider. "

10. (Policy determination) Section 39d (2) reads as follows:

" (2) The transferor shall be liable for claims which arise after the transfer of the transfer, five years after the transfer of the company and only with the amount corresponding to the fictitious transfer claim at the time of the transfer of the operation. The transferor shall be liable for claims to an operating pension after the transfer of service after the transfer of the operation five years after the transfer of the company and only with that amount which corresponds to the pension rights existing at the time of the transfer of the operating period . Insofar as provisions in accordance with Section 211 (2) of the German Commercial Code are in force at the time of the transfer of the company in the respectively applicable version for the purpose of making a purchase or repurchase pension with the respective valid version in accordance with Section 14 (5) of the EStG in the respective valid version The transferor shall be liable for the securities to be transferred to the acquirer in accordance with the legal extent to which the securities are to be formed or the equivalent security funds shall be transferred to the transferee. or 2. the amounts referred to above only for a difference between the value of the collateral transferred and the value of the fictitious claims at the time of the transfer of the operation; this liability shall end one year after the transfer. The transferor has to inform the employees concerned of the transfer of the security funds. The acquirer shall keep in his assets the securities cover transferred by the transferor or the security means at least in the period referred to in the first two sentences. During this period, the securities cover or the security shall be reduced only for the satisfaction of the employee's claims for the completion or the company's operations. The transferred securities cover may not be credited during this period to the obligation of the acquirer in accordance with Section 14 (5) or (7) of the EStG. "

11. (Policy determination) In Section 39d (4), the quote shall be: "Spission Act" by quoting Federal law on the division of capital companies and the quote " Art. I of the Social Law Amendment Act 1993, BGBl. No. 458/1993 by quoting " Art. XIII of the EU Social Law Amendment Act, BGBl. No 304/1996 " replaced.

12. (Policy determination) Section 39e (4) reads as follows:

" (4) If the employment relationship is terminated during an education carency, the annual remuneration due for the last year before the start of education is calculated in the calculation of the copy, in the case of the calculation of the replacement performance in accordance with § 75, the remuneration for the last year. The following month shall be taken as a basis for consideration of the month before the accrual of education. "

12a. § 39q (4) (1) is replaced by the following Z 1 and 1a:

" 1.		at the end of the employment relationship after completion of the retirement age for the early retirement pension from the statutory pension insurance or after completion of the 62. Life Year (Korridorpension according to § 4 paragraph 2 General Pension Act-APG, BGBl. I n ° 142/2004) if, at the time of termination of the employment relationship, this salter is lower than the early retirement age from the statutory pension insurance scheme, or
1a.		on termination of the employment relationship and use of an age pension in accordance with § 4 para. 3 APG or "

13. (federal law directly applicable) Section 39k (6) reflects the expression "Employees" by the expression "Service" replaced.

14. (Basic Law and Federal Law Applicable directly) In accordance with § 39s, the following § § 39t to 39v together with the headings are inserted:

Death escort

§ 39t. (Policy determination) (1) The service taker cannot write a reduction, a change in the position of the normal working time or an exemption against the discontinuation of the pay for the purpose of the death of a close relative for a given, three months require an increasing period of time, with the announcement of the beginning and the duration, even if there is no common household with the close family. The service provider may request an extension of the measure in writing, with the total duration of the measure not being allowed to exceed six months.

(2) As close relatives, the spouse, persons employed in a straight line with the service taker, choice and foster children, the person with whom the service taker lives in the community, siblings, mother-in-law and child-in-law shall apply.

(3) The service provider shall have the reason for the measure and its extension and the relationship of the relationship to be credibly made. At the request of the employer, a written certificate of the relationship shall be provided.

(4) The service taker may, at the earliest five working days, carry out the measure required by him pursuant to paragraph 1 at the earliest, ten working days after receipt of the written notice. The measure shall take effect unless the employer, within five working days, shall, on an extension within ten working days, bring an action against the effectiveness of the measure and the extension thereof in the case of an extension within ten working days of the date of receipt of the written notice. the competent labour and social court.

(5) (federal law directly applicable) The Labour and Social Court has to decide, taking into account the operational requirements and the interests of the service provider. In such litigation, no party is entitled to a claim for costs to the other party, is not admissible against a judgment of the court of first instance and are-irrespective of the value of the object of the dispute-decisions of the court first instance, only for the reasons of § 517 (1) Z 1, 4 and 6 of the Code of Civil Procedure. Until the decision of the labour and social court, the service taker may make the measure requested by him and the extension thereof, unless the labour and social court prohibits, at the request of the employer, the service taker with the aid of the employer. In accordance with § 381 Z 2 of the Executive Order, RGBl. No. 79/1896, the adoption of this amendment. In addition, the statutory provisions applicable to injunctions are to be applied.

(6) (Policy determination) The service provider shall immediately inform the employer of the omission of the death accompanying. He can demand the early return to the original normal working hours after two weeks after the death of the mortal. In the same way the service provider can demand the early return of the service provider if the death is not carried out, unless the legitimate interests of the service provider are contrary to the person's interests.

(7) Fallen in the respective working year periods of exemption against the removal of the remuneration of the work shall be due to a holiday where it has not yet been consumed, to the extent to which the duration of the exemption from the work performance is shorter working year. If parts of working days are to be calculated during the calculation of the holiday dimensions, they are to be rounded up to complete working days.

(8) The service provider shall retain the right to other, in particular one-time, remuneration within the meaning of Section 67 (1) of the Income Tax Act 1988 in the calendar years, in the periods of an exemption against the apportionment of pay, to the extent that: which corresponds to the part of the calendar year in which no such periods fall. This does not affect the regulations which are more favourable to the service provider.

(9) Where the employment relationship is terminated during the use of the measure or the extension, the calculation of a statutory copy shall be based on the former working time of the service worker before the action becomes effective; . If the service is terminated during an exemption from the work performance, the compensation due for the last month prior to the start of the exemption shall be paid in the calculation of the replacement performance in accordance with § 75 of the on the basis of the

Supervision of severely ill children

§ 39u. (Basic Law and Federal Law Applicable directly) § 39t is also to be applied when accompanied by children living in the common household (choice or nursing children) of the service provider.

Protection of dismissal and dismissal in the case of child support and the accompanying children of severely ill-affected children

§ 39v. (1) (Policy determination) From the announcement of a measure provided for in § 39t (1) and up to the expiry of four weeks after the end of the measure, the service taker can be neither terminated nor dismissed after the end of the course. By way of derogation from the first sentence, a dismissal or dismissal may be made legally effective if the consent of the competent labour and social court has been obtained in advance.

(2) (federal law directly applicable) The Court of First Instance has to decide on a dismissal taking into account the operational requirements and the interests of the service provider. The same applies to the accompaniming of severely ill children.

15. (Policy determination) Section 74 with headline shall be deleted.

16. (Policy determination) Section 75 together with headline reads:

" Replacement performance

§ 75. (1) For the holiday year in which the service ends, the service taker shall be entitled to a replacement for the duration of the service period during this holiday year at the time of termination of the service in proportion to the total period of service. Holidays corresponding to the holiday season. Annual holidays already consumed are to be calculated on the aliquot holiday extent. Holiday pay for an annual holiday consumed beyond the aliquot extent is not to be refunded, except at the end of the service by

1.		unauthorised early exit, or
2.		indebted dismissal.
The amount of the refund shall be equal to the amount of the holiday allowance received for the holiday to be consumed at the time of holiday consumption.

(2) A substitute performance shall not be due if the service taker emerges prematurely without any important reason.

(3) For non-consumed holidays from previous holiday years, a substitute performance should be paid to the full extent of the still outstanding holiday pay instead of the holiday pay which is still outstanding, in so far as the holiday entitlement has not yet been barred.

(4) Ends the employment relationship during part-time employment according to § 26j, § 26k, § 26q, § 105f, § 105g or § 105m

1.		dismissal without fault of the service provider;
2.		a reasonable early exit from the service provider;
3.		notification by the employer or
4.		consensual resolution,
the calculation of the replacement performance within the meaning of paragraph 1 shall be based on the working time which was mainly to be carried out by the service provider during the holiday year in which the holiday entitlement was incurred.

(5) In the event of the death of the service provider, the replacement performance within the meaning of para. 1, 3 and 4 shall be due to the statutory heirs, for the maintenance of which the deceased was legally obliged to do so. "

17. (Policy determination) Section 77 (2) reads as follows:

"(2) In the identification and assessment of the risks, the employees who are particularly vulnerable or in need of protection, as well as the suitability of the employees with regard to the constitution, body forces, age and qualification (§ 79 para. 1) must be taken into account."

18. (Policy determination) § 81 (2) (3) and (4) are:

" 3.		to establish, in agreement with their service providers, the protective measures necessary for the non-operating service providers for risks in the workplace; and
4.		to ensure their implementation, with the exception of the supervision of non-business persons. "

19. (Policy determination) Section 81 (3) reads as follows:

" (3) Paragraph 2 does not restrict the responsibility of the individual service providers for the observance of the service protection regulations for their employees and their responsibility for non-business employees is extended only to the extent that: this is expressly provided for in paragraph 2. "

20. (Policy determination) The second sentence is deleted in Section 83 (2).

21. (Policy determination) In Section 83 (3), the second sentence reads:

"This shall also apply when a member of the works council takes over the duties of a security confidential person."

22. (Policy determination) § 83a (7) (2) (2) (2) a becomes the quote "§ 76 (2)" by quoting "§ 76a (2)" replaced.

23. (Policy determination) In sections 84 (6), 88d (3), 90a (6) and (91e) (2), the quote shall be: "80/1107/EEC" by quoting "98/24/EC" replaced.

24. (Policy determination) Section 84b (2) first sentence is deleted.

25. (Policy determination) The following paragraph 3 is added to section 84b (2):

" (3) If necessary, the instruction should be repeated at regular intervals. In any case, if this is determined in accordance with Section 77 (5) as a measure of risk prevention or in the implementing legislation. "

26. (Policy determination) In Section 85 (3), the term " "Protective devices" in each case by the term "protective equipment" replaced.

27. (Policy determination) Section 88h (2) reads as follows:

"(2) If, for operational reasons, smokers and non-smokers have to work together in a office space or a comparable working area, which is used only by members of the company, smoking in the workplace is prohibited."

28. (Policy determination) § 90 (6) (1) and (2) read:

" 1.		If an acquired working material is in accordance with the Chemicals Act 1996, the Plant Protection Products Act 1997, the Waste Management Act (AWG), BGBl. No 325/1990, as amended, or the Biocidal Products Act (Biocides Act), BGBl. No 105/2000, in which the current version is marked or declared, service providers who do not have any other knowledge can assume that the information provided by this labelling is accurate and complete.
2.		If an acquired work material is not marked or declared in accordance with Z 1, service providers who have no other knowledge can assume that the working material does not require a labelling requirement in accordance with the federal laws referred to in Z 1. is subject. "

29. (Policy determination) In Section 90 (11), the quote shall be: "80/1107/EEC" by quoting "98/24/EC" and the quote "96/94/EC" by quoting "2000/39/EC" replaced.

30. (Policy determination) In § 93 (1), first sentence, after the word "Safety experts" the parenthesis expression "(occupational safety experts)" inserted.

31. (Policy determination) Section 93a (1) second sentence reads as follows:

"The service provider shall be responsible for attracting the security personnel and, if necessary, other appropriate experts, in particular in the planning of workplaces and in the procurement and modification of work equipment or working procedures."

32. (Policy determination) Section 93a (4) reads as follows:

" (4) (Policy determination) Only the time spent on the following activities may be included in the prevention period of the security forces:

1.		the advising and support of the employer in matters referred to in paragraph 1,
2.		the advising of the employees, the security trusts and the works council in matters of occupational safety and the organisation of work in a humane manner,
3.		the inspection of the workplaces and areas pursuant to section 88 (2) and the participation in surveys by the agricultural and forestry inspectorate,
4.		the identification and investigation of the causes of accidents at work and work-related diseases, as well as the evaluation of these investigations and investigations,
5.		the review and adaptation of the investigations and assessments of the risks and of the measures laid down in accordance with this federal law, including the adaptation of the security and health protection documents;
6.		the training to the maximum of 15 vH of the annual prevention period laid down for it;
7.		the documentation of the work and results of investigations, and the drawing up of reports and programmes in the field of occupational safety and work; and
8.		the coordination of the activities of several security professionals. "

33. (Policy determination) Section 93a (6) penultimate sentence reads:

"These operations shall relate to the duties of the preventive experts referred to in paragraph 1 and section 94a (1) in the workplace, including all the relevant areas pursuant to section 88 (2)."

34. (Policy determination) Section 93a (7) reads as follows:

"(7) The implementing legislation shall specify when the number limits are reached when the number of employees is changing."

35. (federal law directly applicable) In Article 93b (5), the following sentence shall be added after the last sentence:

' The prevention centre shall have the competent agricultural and forestry inspection authority within two weeks at the latest of any action taken in accordance with the supervision of a workplace, with the announcement of the name or other name of the service provider and the address of the competent authority. Work site. "

36. (Policy determination) In Section 93b (9), the quote shall be: " 9 " by quoting " 8 " replaced.

37. (federal law directly applicable) Section 93b (10) and (11) are as follows:

" (10) (federal law directly applicable) The competent institution of the accident insurance shall be obliged to provide, at least once per calendar year or at the request of the competent agricultural and forestry inspections, the following data of the workplaces covered by it, with up to 50 employees, for which a prevention centre is used, to the extent that such workplaces fall within their respective fields of competence:

1.		the name or other name of the service provider;
2.		Addresses of workplaces and
3.		Indication of the date of visits to the workplaces.

(11) (federal law directly applicable) In addition, the competent institution of the accident insurance shall have the competent agricultural and forestry inspections, taking into account the respective areas of responsibility, once a year, or on request, the names and addresses of those external To provide pre-emptive and safety and occupational health and care centres with the task of carrying out care services. "

38. (Policy determination) The following paragraph 8 is added to Section 94a:

" (8) Only the time spent on the following activities may be included in the preventive period of the occupational physicians:

1.		the advising and support of the employer in matters referred to in paragraph 1,
2.		advising the employees, the security trusts and the works council in matters relating to health protection, the health promotion related to working conditions and the organisation of work in a humane manner;
3.		the inspection of the workplaces and areas pursuant to section 88 (2) and the participation in surveys by the agricultural and forestry inspectorate,
4.		the identification and investigation of the causes of work-related diseases and health hazards, as well as the evaluation of these investigations and investigations,
5.		the occupational medical examination of service workers up to the maximum of 20 vH of the annual prevention period laid down for them;
6.		the review and adaptation of the investigations and assessments of the risks and of the measures laid down in accordance with this federal law, including the adaptation of the security and health protection documents;
7.		the implementation of protective vaccinations relating to the activities of the service workers;
8.		the training to the maximum of 15 vH of the annual prevention period laid down for it;
9.		the documentation of the work and results of investigations and the drawing up of reports and programmes in the field of health protection and health promotion, and
10.		the coordination of the work of several occupational physicians. "

39. (Policy determination) § 94e and headline reads as follows:

" Other experts

§ 94e. (1) The employer shall make available to other experts, such as chemists, toxicologists, ergonomists or working psychologists, all the information and documents necessary for the performance of their duties, such as chemists, toxicologists, ergonomists or psychologists. The other experts are free of instructions when applying their technical expertise.

(2) Preventive specialists, works councils and other experts shall cooperate.

(3) In so far as their employment does not exceed a calendar year within the period of prevention, other experts shall have a summary report on their activity, together with a summary report, after the end of their activities, otherwise annually. to submit proposals for improving working conditions, which should also include a systematic presentation of the impact of their activities. "

40. (Policy determination) In accordance with § 94e, the following § 94f with headline is inserted:

" Prevention Time

§ 94f. (1) Unless otherwise specified in § 93a and § 94a, safety experts and occupational physicians shall be employed at least to the extent of the prevention period set out below for them.

(2) The period of prevention per calendar year shall be:

1.		for service workers at office workplaces, as well as at workplaces with office workplaces comparable hazards and loads (low physical load): 1.2 hours per service
2.		for employees in other jobs: 1,5 hours per service.
In the calculation of the annual prevention times for the respective workplaces, parts of hours below 0.5 hours are to be rounded off to hours, and from 0.5 to hours should be rounded up. A recalculation of the annual preventative period in the current calendar year shall only take place by more than 5 vH when the number of service users has been changed in the calculation of the calculation.

(3) The extent of the prevention period per calendar year depends on the number of employees who are employed in a workplace. Employees employed on land pursuant to § 88 (2) are to be included. Part-time employees are to be included in proportion to the extent of their employment. In workplaces with a seasonally changing number of employees, the annual prevention period is based on the foreseeable average number of employees.

(4) The service provider shall employ, per calendar year, the safety experts to the extent of at least 40 vH and the occupational physicians to the extent of at least 35 vH of the prevention period determined in accordance with paragraph 2. At least to the extent of the remaining 25 vH of the annual prevention period, the employer shall, depending on the hazard and stress situation in the workplace, provide assistance to other appropriate experts or to the safety and/or security forces and/or To employ occupational physicians.

(5) The time of prevention of the safety experts and the prevention period of the occupational health workers shall be divided into the calendar year, taking into account the operating conditions. Each part must be at least two hours each.

(6) The prevention period of the safety experts may be divided among several safety experts, the preventive time of the occupational physicians to several occupational physicians, if this is appropriate for organisational or technical reasons. "

41. (Policy determination) § 95 is deleted.

41a. According to Article 105 (1), the following paragraph 1a is inserted:

"(1a) The simultaneous use of Karenz by both parents is not permitted in the case of § 105a (1) last sentence."

42. (Policy determination) § 96 is deleted.

42a. In § 105f (2), the quote is "§ 26i third sentence" by quoting "§ 26i (1) third sentence" replaced.

43. (Policy determination) In Section 105b (2), the quote shall be: "§ 105a (3)" by quoting "§ 105a (2)" replaced.

44. (Policy determination) Section 112 (3) third sentence reads as follows:

"On request, he shall be obliged to either take part in the tour himself or to commission a well-informed person to represent him during the tour."

45. (Policy determination) The following paragraph 4 is added to § 112:

" (4) The agricultural and forestry inspection authority shall have the opportunity to provide the competent legal representation of the service provider with the opportunity to participate in surveys, provided that the participation of the competent agricultural staff chamber in visits to the Monitoring of compliance with labour law, social security and consumer protection legislation is provided for. If, on the basis of a survey, an advertisement is made in accordance with § 115, the Land and Forestry Inspection Inspection shall also send a copy of the advertisement to the relevant representations of interest which have participated in the survey. "

46. (Policy determination) Section 115 (1) reads as follows:

" (1) Where an institution of the agricultural and forestry inspection authority establishes a transfer of a rule relating to the protection of the employees, it shall, within a reasonable period of time, grant the farmer or his authorised representative the contract, the applicable to establish rules and regulations in accordance with the authorities ' regulations. If this contract is not complied with within the specified or extended period, the Agricultural and Forestry Inspection Inspection shall reimburse the notification to the relevant district administrative authority if the notification is not already on the occasion of the the determination of the transgressing has been refunded. The display can also be used to make a request for the level of penalties. In the event that any transgressions of employee protection regulations or administrative provisions relating to minor deviations from technical measures are observed, the agricultural and forestry inspection of the company shall be subject to the following conditions: To see the refund of an ad. "

47. (Policy determination) In Section 116 (2), the term " "Protective devices" by the term "protective equipment" replaced.

48. (Basic Law and Federal Law Applicable directly) The previous text of § 120 is given the title para. 1 and the following paragraph 2 is added:

" (2) The security authorities have notified to the competent agricultural and forestry inspection authority any accidents at work at the premises or at workplaces where a service taker has been killed or seriously injured. Move to report. "

49. (Policy provision Section 121 (2) is added to the following sentence:

" For the purpose of cooperation, the implementing legislation may provide that the Agricultural and Forestry Inspection in matters of its remit shall be subject to debates with the representatives of the interests of the service providers and the service providers. These debates may also include representatives of the accident insurance institutions and the authorities involved in matters relating to the protection of workers. "

50. (Policy determination) Section 237 (1) reads as follows:

" (1) The implementing legislation has to determine that administrative transgressions of those in the execution of § § 46, 56 to 64, 73, 76a (3), (4) and (5), 77 to 79, 81 to 83, 83a (4) to (7), 84 to 84b, 85 (1) to (5), 86 (1), (1) and (2), and (3), (87) to (87) to (87) to 93, 93a (2) to (6), (9) and (13), 93b (7) and (9), 94, 94a (2) to (7), 94e, 94f, 95 to 97 (1), (2) and (4), 98 (1) and (2), 98a (2), 99 to 101, 109 to 110, 112 (3), 113 Z 2, 114 (3), 130 (2), 160 (3), 194 Z 3, 204 (3) and (4), 208, 209. 1, 213 (2), 214 (1) (1a) and (1a), 218 (4), (220), (235) and (236a) of the provisions of national law of the District managing authority is to be punished. "

51. (Policy determination) Section 239 (10) reads as follows:

" (10) (Policy determination) In the case of the execution of § § 64, 76 to 94d, 98 para. 1, 98a, 109a para. 2 in the version of the Federal Law BGBl. I n ° 101/1998, the following Directives are to be implemented:

1.		Council Directive 90 /394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 28 June 1990 (OJ L 145, 31.5.1990, p. No. OJ L 196 of 26 July 1990), as amended by Council Directive 97/42 of 27 June 1997 (OJ L 196, 27.7.1997, p. No. OJ L 179 of 8 July 1997), as amended by Council Directive 1999 /38/EC on the protection of workers from the risks related to exposure to carcinogens at work and to their extension to mutagens of 29 April 1999 (OJ L 158, 30.4.1999, p. No. L 138 of 1 June 1999, corrected by OJ L 138, 30.4.1999, p. No. OJ L 37 of 12 February 2000);
2.		Council Directive 98 /24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (Fourteenth individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 7 April 1998. No. L 131 of 5 May 1998);
3.		Commission Directive 91 /322/EEC setting out the indicative limit values for the implementation of Council Directive 80 /1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work of 29 May 1991 No. OJ L 177 of 5 July 1991);
4.		Commission Directive 2000 /39/EC laying down a first list of workplace indicative limit values in the implementation of Council Directive 98 /24/EC on the protection of the health and safety of workers from the risks related to exposure to chemical substances Work materials at work of 8 June 2000 (OJ L 327, 28.2.2000, p. No. L 142 of 16 June 2000);
5.		Council Directive 83 /477/EEC on the protection of workers from the risks related to exposure to asbestos at work of 19 September 1983 (OJ No L 73, 27.3.1983, p. No. OJ L 263 of 24 September 1983), as amended by Council Directive 91 /382/EEC of 25 June 1991 (OJ L 263, 31.10.1991, p. No. OJ L 206 of 29 July 1991), as amended by Directive 98 /24/EC of 7 April 1998 (OJ L 206, 22.7.1998, p. No. 1 OJ L 131 of 5 May 1998), as amended by Directive 2003 /18/EC of the European Parliament and of the Council of 27 March 2003 (OJ L 134, 30.4.2003, p. No. OJ L 97 of 15 April 2003);
6.		Directive 2003 /10/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (seventeenth individual Directive within the meaning of Article 16) Directive 89 /391/EEC) of 6 February 2003 (OJ L 175, 5.7.2003, p. No. OJ L 42 of 15 February 2003);
7.		Council Directive 89 /391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work of 12 June 1989 (OJ L 183, 29.6.1989, p. No. OJ L 183 of 29 June 1989);
8.		Council Directive 89 /654/EEC on the minimum safety and health requirements for workplaces (first individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 30 November 1989 (OJ L 327, 30.12.1989, p. No. OJ L 393 of 30 December 1989);
9.		Council Directive 89 /655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 30 June 1991). November 1989 (OJ C 327, No. OJ L 393 of 30 December 1989), as amended by Directive 95 /63/EC of 5 December 1995 (OJ L 393, 30.12.1995, p. No. L 335 of 30 December 1995), as amended by Directive 2001 /45/EC of the European Parliament and of the Council of 27 June 2001 (OJ L 335, 27.12.2001, p. No. OJ L 195 of 19 July 2001);
10.		Council Directive 89 /656/EEC on the minimum safety and health requirements for the use of personal protective equipment by workers at work (third individual Directive within the meaning of Article 16 (1) of the Directive) 89 /391/EEC) of 30 November 1989 (OJ L 183, 29.6.1989, p No. OJ L 393 of 30 December 1989);
11.		Council Directive 90 /269/EEC on the minimum safety and health requirements for the manual handling of loads which, in particular, poses a threat to the lumbar spine for workers (Fourth Individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 29 May 1990 (OJ L 357, 31.12.1990, p. No. OJ L 156 of 21 June 1990);
12.		Council Directive 90 /270/EEC on the minimum safety and health requirements for the work on screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 29 May 1990 1. No. OJ L 156 of 21 June 1990);
13.		Directive 2000 /54/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 18 June 1991 on the protection of workers from the risks related to exposure to biological agents at work ( Septmeber 2000 (OJ L 327, No. OJ No L 262, 17. October 2000);
14.		Council Directive 92/58/EEC laying down minimum requirements for the identification of safety and/or health signs at work (Ninth Individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 24 June 1992 (OJ L 206, 22.7.1992, p. No. L 245 of 26 August 1992);
15.		Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (the Tenth Individual Directive in the The meaning of Article 16 (1) of Directive 89 /391/EEC) of 19 May 1991). October 1992 (OJ C 327, No. OJ L 348 of 28 November 1992);
16.		Council Directive 93 /104/EC concerning certain aspects of the organisation of working time of 23 November 1993 (OJ L 327, 30.12.1993, p. No. OJ L 307 of 13 December 1993);
17.		Council Directive 94 /33/EC on the protection of minors of 22 June 1994 (OJ L 94, 9.4.1994, p. 1). No. L 216 of 20 August 1994);
18.		Council Directive 91 /383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-term employment relationship or a temporary employment relationship of 25 June 1991 (OJ L 158, 30.4.1991, p. No. OJ L 206 of 29 July 1991);
19.		Directive 1999 /92/EC of the European Parliament and of the Council on minimum requirements for the improvement of the health protection and safety of workers potentially at risk from explosive atmospheres (Fifteenth Individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) of 16 December 1999 (OJ L 327, 30.12.1999, p. No. OJ No L 23, 28. Jänner 2000, corrected by OJ C 327, 28.2.2000 No. OJ L 134 of 7 June 2000);
20.		Directive 2002/44/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (Sixteenth individual Directive in the sense of the Article 16 (1) of Directive 89 /391/EEC) of 25 June 2002 (OJ L 357, 31.12.2002, p. No. OJ L 177 of 6 July 2002).

52. (directly applicable federal law and principle of principle) The following paragraphs 22 and 23 shall be added to Section 239:

" (22) (federal law directly applicable) The implementing laws of the Länder on § 5 para. 4, § 9a, § 16 para. 3, § 21 para. 1, § 26 para. 1a, § 26a para. 1 to 3, § 26d para. 4 and 5, § 26j para. 2, § 31 para. 5, § 31 para. 6 and 7, § 32, § 39a para. 3, § 39d para. 2 and 4, § 39e para. 4, § 39q para. 4, § 39t Paragraphs 1 to 4 and 6 to 9, § 39u, § 39v para. 1, § 75, § 77 para. 2, § 81 para. 2 and 3, § 83 para. 2 and 3, § 83a para. 7, § 84 para. 6, § 84b para. 2 and 3, § 85 para. 3, § 88d para. 3, § 88h para. 2, § 90 para. 6 and 11, § 90a para. 6, § 91e para. 2, § 93 para. 1, § 93a (1), (4), (6) and (7), § 93b (9), § 94a (8), § 94e, § 94f, § 105 (1a), § 105b (2), § 105f (2), § 112 (3) and (4), § 115 (1), § 116 (2), § 120, § 121 (1), § 237 (1) and § 239 (1). 10 in the version of the Federal Law BGBl. I No 160/2004, and in the event of the abduction of sections 74, 95 and 96, shall be adopted within six months of the date of the act of the customer's decision.

(23) (Policy determination) The laws of implementation of the countries shall provide that:

1.		the execution provision for § 21 (1) in the version of the Federal Law BGBl. I n ° 160/2004 should be applied to service-prevention measures which have taken place in the working years commenced after the implementation of the implementing provisions;
2.		the extended period of eligibility for the implementation of § 21 (1) in the version of the Federal Law BGBl. I No 160/2004 does not result in the extension of a longer period of entitlement laid down in collective agreements, operating agreements or service contracts;
3.		the total duration of the claims shall not be extended if collective agreements, operating agreements or employment contracts have an additional entitlement following the claim under the provisions of Article 21 (1), as amended by the Federal Law BGBl. I No 160/2004;
4.		the decision of execution of § 74 and the execution of § 75 in the version of the Federal Law BGBl. I No 160/2004 as from the holiday year, which begins after the end of the execution determination;
5.		the implementing provisions relating to the new operating times of the preventive experts shall enter into force at the beginning of the calendar year following the presentation of the implementing law. "

Fischer

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