Machine Translation of "Change Of The Maternity Protection Act 1979, The Fathers Parental Leave Act, The Agricultural Work Act 1984, The Working..." (Austria)

Change Of The Maternity Protection Act 1979, The Fathers Parental Leave Act, The Agricultural Work Act 1984, The Working Hours Act, The Salaried Employees Act, Of The Estate Employees Act, The Construction Workers Udheen...

Original Language Title: Änderung des Mutterschutzgesetzes 1979, des Väter-Karenzgesetzes, des Landarbeitsgesetzes 1984, des Arbeitszeitgesetzes, des Angestelltengesetzes, des Gutsangestelltengesetzes, des Bauarbeiter-Urlau...

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64. Federal Law, with which the Maternity Protection Act 1979, the Fathers-Karenz Act, the Land Labour Act 1984, the Labor Time Act, the Act of Labor, the Gutsangestelltengesetz, the Construction Workers ' Holiday and Departure Act and the Labour market promotion law will be amended

The National Council has decided:

Article 1

Amendment of the Maternity Protection Act 1979

The Maternity Protection Act 1979, BGBl. N ° 221, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. The section title before § 1 is accompanied by headline:

" Section 1

Scope "

1a. In § 2, the word order shall be "Section II of this Federal Law shall apply" through the phrase "Sections 2 to 7 of this Federal Law shall apply" , the name "Section III" by the name "Section 8" , the name "Section IV" by the name "Section 9" and the name "Section V" by the name "Section 10" replaced.

2. The section title in accordance with § 2 is accompanied by the heading:

" Section 2

Evaluation "

3. In accordance with § 2b, the following section title and heading shall be inserted:

" Section 3

Employment bans "

4. In § 3 (8), the quote shall be " BGBl. II No 24/1997 " by quoting " BGBl. II No 470/2001 replaced.

5. In accordance with § 9, the following section title and heading shall be inserted:

" Section 4

Protection of dismissal and dismissal, remuneration "

6. The heading to § 10 reads:

"Dismissal protection"

7. In § 10 (4), the last sentence is deleted.

8. In § 11, the quote "§ 15h para. 11" by quoting "§ 15n para. 1" replaced.

9. § 12 shall be entitled to the following heading:

"Protection of dismissals"

10. In accordance with § 14, the following section title and heading shall be inserted:

" Section 5

Karenz "

11. The heading to § 15 reads:

"entitlement to Karenz"

12. In § 15d (5), the word "agreed" is deleted.

13. In accordance with § 15g, the following section title and heading is inserted:

" Section 6

Part-time employment and changes in the situation of working time "

14. § § 15h and 15i together with the headings are replaced by the following § § 15h to 15p together with the headings:

" entitlement to part-time employment

§ 15h. (1) The employee shall have a right to part-time employment at the latest until the end of the seventh year of life or a later school entry of the child, if:


1.		the employment relationship at the time of entry of part-time employment has lasted for three years, and
2.		the employee at that time in one establishment (§ 34 Labour Constitutional Law-ArbVG, BGBl. N ° 22/1974) with more than 20 employees and employees.
The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the service provider. Female employees do not have the right to part-time employment during a teaching period.

(2) All periods completed by the service provider in the immediately preceding service relationship with the same employer shall be taken into account in the calculation of the minimum period of service provided for in paragraph 1 (1) (1). Likewise, periods of interrupted service, which are continued on the basis of reinstatability or re-establishment agreements with the same service provider, count for the minimum term of service. By way of derogation from § 15f (1), third sentence, periods of a Karenz under this Federal Act are credited to the minimum period of service.

(3) The number of employees referred to in paragraph 1 (2) shall be determined on the basis of the number of employees who are regularly employed in the company. In establishments with a seasonal fluctuating service number, the requirement of the minimum number of service takers shall be deemed to be fulfilled if, in the year preceding the start of parttime employment, the number of employees on average more than 20 The staff and female service providers have been.

(4) In establishments with up to 20 employees and female employees, an operating agreement within the meaning of Section 97 (1) Z 25 of the ArbVG may stipulate in particular that the female employees are entitled to part-time employment as defined in paragraph 1. This part-time employment shall be subject to all the provisions applicable to part-time employment as referred to in paragraph 1. The termination of such an operating agreement shall be effective only in respect of the service relationships of those female employees who do not announce or accede to part-time employment in writing after the operating agreement for the date of termination of the contract .

Agreed part-time work

§ 15i. The service provider, who is not entitled to part-time employment pursuant to § 15h (1) or (4), can work part-time with the employer, including the beginning, duration, extent and position of the child until the end of the child's fourth year of life. agree.

Common provisions on part-time employment

§ 15j. (1) The condition for the use of part-time employment in accordance with § § 15h and 15i is that the employee lives with the child in the common household or a care according to the § § 167 (2), 177 or 177b of the General Civil JGS No. 946/1811, and the father is not present at the same time in Karenz.

(2) The employee can only take part in part-time employment for each child. Part-time employment must last at least three months.

(3) Part-time employment may be initiated at the earliest following the time limit laid down in § 5 (1) and (2), a subsequent fee holiday or an anti-sickness service (accident). In this case, the service provider shall inform the service provider in writing, including the duration, extent and position of part-time employment, by the end of the period laid down in Article 5 (1).

(4) If the employee intends to enter part-time employment at a later date, it shall inform the employer, including the beginning, duration, extent and situation of part-time employment, in writing at the latest three months before the date of the intended to be announced at the beginning. If, however, the period between the end of the period referred to in Article 5 (1) and the start of the intended part-time employment is less than three months, the employee shall have the part-time employment in writing until the end of the period laid down in Article 5 (1). 1.

(5) The employee may require both a change in part-time employment (prolongation, modification of the extent or the situation) and an early termination only once. It shall inform the service provider in writing at the latest three months before the intended change or termination.

(6) The employer may require both a change in part-time employment (change in the extent or the situation) and an early termination only once. He shall disclose this to the customer in writing at the latest three months prior to the intended change or termination.

(7) Fallen in a calendar year also periods of part-time employment, fees paid by the employees of other, in particular one-time, remuneration within the meaning of Article 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the Calendar year.

(8) The employer is obliged to issue a confirmation of the commencement and duration of part-time employment or the non-use of part-time employment, at the request of the service provider. The service user has to make this confirmation with.

(9) Part-time employment of the employee ends prematurely with the use of a carency or part-time employment under this Federal Act for another child.

Procedure for entitlement to part-time employment

§ 15k. (1) In establishments in which a works council responsible for the service is established, it shall, at the request of the service provider, be able to join the negotiations on the beginning, duration, extent or situation of part-time employment. If no agreement is reached within two weeks of the announcement, representatives of the legal interests of the service providers and the service providers can be consulted in the agreement between the service provider and the service provider. The service provider shall record the outcome of the negotiations in writing. This copy must be signed by both the employer and the service provider, and the service is to be handed out to the service provider.

(2) If no agreement is reached on the beginning, duration, extent or situation of part-time employment within four weeks of the announcement, the employee may enter part-time employment on the conditions which it has announced, provided that the not within a further two weeks at the competent labour and social court a request pursuant to section 433 (1) of the ZPO for amicable settlement may be submitted within the framework of a court day. The application shall be followed by the outcome of the negotiations referred to in paragraph 1.

(3) If no amicable agreement is reached within four weeks from the date of submission of the application to the Labour and Social Court, the service provider shall, within a further week, give the service to the terms of reference of the Part-time employment in the competent labour and social court, otherwise the employee may take part in part-time employment on the conditions which it has announced. If the comparison test takes place only after four weeks, the time limit for the application of the application begins with the day following the comparison test. The employment and social court must then take the action of the service provider if the company's requirements outweigh the interests of the service provider. If the employment and social court does not give the service provider's action, the part-time employment intended by the service provider shall be effective with the legal force of the judgment.

(4) If the employee intends to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the service provider may, within a further week, bring an action before the competent labour and social court. If the service provider does not bring an action, the change or early termination of part-time employment announced by the service provider shall take effect. The Labour and Social Court must then take the action if the company's requirements outweigh the interests of the employee with regard to the intended change or premature termination.

(5) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the employer may, within a further week, bring an action for the change or early termination of the employment and social court, otherwise the part-time employment remains unchanged. The Labour and Social Court must then take the action if the company's requirements outweigh the interests of the employee with regard to the intended change or premature termination.

(6) In the case of litigation under para. 3 to 5, no party shall be entitled to a claim for reimbursement of costs to the other party. An appeal is not admissible against a judgment of the court of first instance and-irrespective of the value of the subject-matter of the dispute-decisions of the court of first instance can be appealed only for the reasons of § 517 (1) Z 1, 4 and 6 ZPO.

Procedures for agreed part-time employment

§ 15l. (1) In establishments in which a works council responsible for the service is established, it shall, at the request of the service provider, be responsible for the negotiations on part-time employment, the start, duration, position and extent of which are to be taken into account.

(2) If no agreement is reached within two weeks of the announcement, the service provider may, on the basis of his/her consent, complain to a part-time employment, including the beginning, duration, position and extent of the part-time employment. The Labour and Social Court dismissed the action in so far as the employer, for objective reasons, refused to give his consent to the coveted part-time employment.

(3) If the employee intends to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the customer may, within a further week, bring an action for a change or an early termination of part-time employment with the competent labour and social court. The Labour and Social Court then has to dismiss the action if the company's requirements outweigh the interests of the employee with regard to the intended change or premature termination.

(4) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the employer may, within a further week, bring an action before the competent labour and social court for a change or an early termination, otherwise the Part-time employment remains unchanged. The Labour and Social Court must then take the action if the company's requirements outweigh the interests of the employee with regard to the intended change or premature termination.

(5) § 15k (6) is to be applied.

Karenz in place of part-time employment

§ 15m. (1) If there is no agreement between the service provider and the service provider on part-time employment in accordance with § § 15h and 15i, the service provider may announce within one week that the service provider is


1.		in place of part-time employment, or
2.		up to the decision of the Labour and Social Court
Carence, but at the latest until the end of the child's second year of life, takes up.

(2) If the court of action of the service provider does not take place in proceedings pursuant to Section 15k (3) or the action of the service provider pursuant to Section 15l (2) does not take place, the service provider may, within one week after receipt of the judgment, be known to the service provider. indicate that it will take up Karenz at the latest until the end of the child's second year of life.

Protection against dismissal and dismissal in part-time employment

§ 15n. (1) The protection of dismissal and dismissal in accordance with § § 10 and 12 shall in principle begin with the announcement, but at the earliest four months before the intended start of part-time employment. It takes up to four weeks after the end of part-time employment, but at the latest up to four weeks after the end of the child's fourth year of life. The provisions relating to the protection of dismissal and dismissal also apply during a procedure in accordance with § § 15k and 15l.

(2) Part-time employment lasts longer than until the end of the child's fourth year of life or begins after the end of the child's fourth year of life, a dismissal may be made on account of an intended or indeed a claim Part-time employment is challenged in court. Section 105 (5) of the ArbVG is to be applied.

(3) If a further activity is taken up during part-time employment without the consent of the employer, the employer may, within eight weeks from the knowledge contrary to paragraphs 1 and 2, issue a notice of termination on account of this activity.

Part-time employment of adoptive or foster mothers

§ 15o. § § 15h to 15n also apply to an adoptive or foster mother, with the proviso that the part-time employment can begin at the earliest with the acceptance or the take-over of the child. If the employee intends to work part-time at the earliest possible date, it shall inform the employer immediately, including the beginning, duration, extent and position of the employer.

Change in the situation of working time

§ 15p. § § 15h to 15o are also to be applied to a change in the position of working time intended by the employee, with the proviso that the extent of the working time shall not be taken into consideration. "

15. The previous § 15j is given the name "§ 15q" .

16. In accordance with § 15q, the following section title and heading is inserted:

" Section 7

Other provisions "

17. The previous § 15k is given the name "§ 15r" and the quote "§ 15j" is due to the quote "§ 15q" replaced.

18. § 16 reads as follows:

" Service (Werks) Apartment

§ 16. Agreements which affect the right of the service to a service provided (work) or other accommodation must be made during the period of protection of dismissal and dismissal pursuant to Sections 10, 12, 15 (4), 15a (4) and 5 (15c) of the Agreement. Paragraph 4, 15d (5), 15n (1), in order to be legally effective, shall be taken in court (Section 92 of the ASGG) in accordance with the legal instruction of the customer. "

19. § 17 shall read together with the title:

" laying down the law

§ 17. Every service provider who employs female employees has to place an imprint of this federal law in operation at an appropriate place, easily accessible to the female employees, or to the female service provider by means of a different data carrier. To make the reading device accessible by appropriate electronic data processing or by appropriate means of telecommunication. "

20. The title "Section III" is given by the heading "Section 8" , the heading "Section IV" by the heading "Section 9" , the heading "Section V" by the heading "Section 10" and the heading "Section VI" by the heading "Section 11" replaced.

21. In § 18, § 24 and § 31 (1) the word order shall be "Section II shall apply" in each case by the word sequence "Sections 2 to 7 shall apply" replaced.

22. In § 18a, the quote shall be "§ 2a (5)" by quoting § § 2a (5), 15k (1) and 15l (1) (1) " replaced.

23. § 23 (8), first sentence, and 2 are:

" § 15h (1) is applied to federal civil servants (§ 1 LDG 1984), country and forestry teachers (§ 1 LLDG 1985) and class teachers, with the proviso that these female civil servants are entitled to part-time employment At least until the end of the seventh year of life or a later school entry of the child. The provisions of Section 15h (1) on the extent and situation of part-time employment and § 15j (5) and (6) shall apply with the following exceptions: "

24. In § 23 (8) Z 5, the quote is "§ 15h (10) and (11)" by quoting "§ 15n para. 1" replaced.

25. § 23 (11), first sentence and second half-sentence are:

" § 15h (1) is to be applied to judges with the proviso that they are entitled to part-time employment at the latest until the end of the seventh year of life or to a later school entry of the child. The provisions of Section 15h (1) on the extent of part-time employment and section 15j (5) and (6) shall apply to judges ' incumbent judges with the following exceptions: "

26. § 23 (12) Submission sentence reads as follows:

§ 15n (2), last sentence § 15n (2) and § 15h and 15i shall apply to the other staff not covered by (6), (8) and (11), with the proviso that "

27. In § 23 para. 12 Z 2, the quote "§ 15h (10) and (11)" by quoting "§ 15n para. 1" replaced.

28. In § 23, para. 15, the quote shall be "§ 15k" by quoting "§ 15r" replaced.

29. The following paragraphs 16 and 17 are added to § 23:

" (16) § § 15i, 15k, 15n (2), last sentence, and 15p are not applicable to public service employees.

(17) § 15m is to be applied to civil servants with the proviso that, if part-time employment is rejected by the service authority in accordance with paragraph 8 (3), the service is to be replaced by part-time employment or by the final decision to give employment to Karenz. can be used. "

29a. In § 25, the quote "§ § 15 to 15d and 15j" by quoting "§ § 15 to 15d, 15m and 15q" replaced.

30. In § 35 (3), the quote "§ § 4a (1), 15e (4), 15g (8)" by quoting "§ § 4a (1), 15f (3), 15j (8)" replaced.

31. In § 37 (1), the quote shall be deleted. "§ 17" .

32. The following paragraph 16 is added to § 40:

" (16) § § 11, 15d (5), 15h to 15r, 16, 18a and 23 (8), (11), (12), (15) to (17), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 64/2004 will enter into force on 1 July 2004 and apply to mothers (adoptive or caregivers), whose children are born after 30 June 2004. The provisions of § 11, 15d (5), 15h to 15k, 16, 18a and 23 shall continue to apply to mothers (adoptive or caregivers), whose children were born before 1 July 2004, in the version before the Federal Law BGBl. I No 64/2004. By way of derogation, part-time employment or a change in the situation of working time can be made in accordance with § § 15h to 15r and 23 para. 8, 11, 12, 15 to 17 in the version of the Federal Law BGBl. I n ° 64/2004 is required by a


1.		Mother (adoptive or foster mother), if she or the father (adoptive or foster father) of the child is in Karenz on 1 July 2004 according to this federal law, the VKG, similar Austrian legislation or a similar Legislation of a Member State of the European Economic Area, with part-time employment or a change in the situation of working time in accordance with the Federal Law BGBl. I n ° 64/2004 can be taken at the earliest after the expiry of the Karenz;
2.		Mother (adoptive or foster mother), if she or the father (adoptive or foster father) of the child on 1 July 2004 in part-time employment under this federal law, the VKG, similar Austrian legislation or a similar Legislation of a Member State of the European Economic Area, with part-time employment or a change in the situation of working time in accordance with the Federal Law BGBl. I n ° 64/2004 can be taken at the earliest after the end of the originally agreed part-time employment;
3.		Mother, who is on 1 July 2004 in a ban on employment in accordance with § 5 (1) and (2);
4.		Mother, who on 1 July 2004, after the period laid down in § 5 (1) and (2), consumes a fee holiday or is prevented by illness or accident at the service, and Karenz or part-time employment under this Federal Act is already , in which case part-time employment or a change in the situation of working time according to the Federal Law BGBl. I n ° 64/2004 at the earliest after the expiry of the Karenz or of the originally agreed part-time employment. "

Article 2

Amendment of the Fathers-Karenzgesetz

The Fathers-Karenzgesetz, BGBl. No. 651/1989, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

(1) In accordance with the heading Article 1, the following section title shall be inserted:

"Section 1"

2. In accordance with § 1, the following section title and heading shall be inserted:

" Section 2

Karenz "

2a. In § 3 (2) the quote shall be: "§ 4 para. 1 second sentence" by quoting "§ 4 (1) third sentence" replaced.

3. § 7 (1) Z 2 reads:


" 2.		after the end of a carence or part-time employment, which is claimed as a result of the prevention of the mother, adoptive or caring person. "

4. In accordance with § 7c, the following section title and heading shall be inserted:

" Section 3

Part-time employment and changes in the situation of working time "

5. § § 8 and 8a together with the headings are replaced by the following § § 8 to 8h together with the headings:

" entitlement to part-time employment

§ 8. (1) The worker is entitled to part-time employment at the latest until the end of the seventh year of life or to a later school entry of the child, if:


1.		the employment relationship has lasted for three years at the time of the start of part-time employment, and
2.		the employee at that time in a holding (§ 34 Labour Constitutional Law-ArbVG, BGBl. No 22/1974, or § 139 of the Landarbeitsgesetz 1984-LAG) with more than 20 employees and employees.
The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the worker. Employees do not have the right to part-time employment during a teaching period.

(2) All periods completed by the employee in direct preceding employment relationships with the same employer shall be taken into account in the calculation of the minimum duration of the employment relationship referred to in paragraph 1 (1) (1). Likewise, periods of interrupted employment, which are continued on the basis of reinstatability or re-establishment agreements with the same employer, count for the minimum duration of the employment relationship. By way of derogation from § 7c iVm § 15f (1) third sentence, periods of a Karenz according to this Federal Act are credited to the minimum duration of the employment relationship.

(3) In order to determine the number of employees referred to in paragraph 1 (2), it is important to determine how many employees are regularly employed in the holding. In establishments with a seasonal variation in the number of workers, the minimum number of employees and employees is considered to be fulfilled if the number of employees in the year preceding the start of parttime employment is more than 20 workers and workers.

(4) In establishments with up to 20 employees and employees, an operating agreement within the meaning of Article 97 (1) (25) of the ArbVG or Section 202 (1) Z 24 of the LAG may, in particular, stipulate that the employees shall be entitled to Part-time employment as defined in paragraph 1. This part-time employment shall be subject to all the provisions applicable to part-time employment as referred to in paragraph 1. The termination of such an operating agreement shall be effective only in respect of the employment relationships of those employees who have not announced or have been notified in writing of part-time employment after the operating agreement for the date of termination.

Agreed part-time work

§ 8a. The employee, who is not entitled to part-time employment pursuant to Article 8 (1) or (4), can work part-time with the employer, including the beginning, duration, extent and situation of the child until the end of the child's fourth year of life. agree.

Common provisions on part-time employment

§ 8b. (1) The condition for the use of part-time employment in accordance with § § 8 and 8a is that the employee is living with the child in the common household or a care according to § § 167 (2), 177 or 177b of the General Civil JGS No. 946/1811, and the mother is not present at the same time in Karenz.

(2) The worker can only take part in part-time employment for each child. Part-time employment must last at least three months.

(3) Part-time employment may be held at the earliest


1.		with the expiry of an employment ban of the mother after the birth of a child (§ 5 para. 1 MSchG or similar Austrian legislation, similar legislation of the Member States of the European Economic Area), or
2.		with the expiry of eight or in the case of early, multi-part or caesarean paralysed births twelve weeks after the birth, if the mother is not a worker (cases of § 2 para. 1 (2)),
will be the case. In this case, the employee shall inform the employer in writing at the latest eight weeks after the birth of the child, including the duration, extent and position of part-time work. § 2 para. 3, second sentence, shall apply.

(4) If the employee intends to enter part-time employment at a later date, he shall have this in writing to the employer, including the beginning, duration, extent and situation of part-time work no later than three months before the date of the intended to be announced at the beginning. However, if the period between the end of the period referred to in paragraph 3 and the commencement of the intended part-time employment is less than three months, the worker shall have a part-time job in writing at least eight weeks after the birth of the To give a child.

(5) The worker may require both a change in part-time work (prolongation, modification of the extent or the situation) and an early termination only once in each case. He shall disclose this to the employer in writing no later than three months prior to the intended change or termination.

(6) The employer may require both a change in part-time employment (change in size or the situation) and an early termination only once. He shall disclose this to the employee in writing at the latest three months prior to the proposed change or termination.

(7) Fallen in a calendar year also periods of part-time employment, fees paid to the employee other, in particular one-time references within the meaning of Article 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the Calendar year.

(8) The employer is obliged to issue a confirmation of the commencement and duration of part-time employment or the non-use of part-time employment at the request of the employer. This confirmation shall be completed by the employee. Such confirmations are exempt from stamp fees and federal administrative charges.

(9) The part-time employment of the employee ends prematurely with the use of a Karenz or part-time employment under this Federal Act for another child.

Procedure for entitlement to part-time employment

§ 8c. (1) In establishments in which a works council responsible for the worker is established, it shall, at the worker's request, be accompanied by the negotiations on the beginning, duration, extent or situation of part-time employment. If no agreement is reached within two weeks of the announcement, representatives of the employees 'and employers' statutory interest groups may be consulted in agreement between the employee and the employer. The employer shall record the outcome of the negotiations in writing. This copy shall be signed by both the employer and the employee, and shall be issued to the employee.

(2) If no agreement is reached on the beginning, duration, extent or situation of part-time employment within four weeks of the announcement, the worker may enter part-time employment on the conditions he has announced, provided that the Employer not within two weeks at the competent labour and social court an application pursuant to section 433 (1) of the ZPO for amicable settlement, if necessary, within the scope of a court day. The application shall be followed by the outcome of the negotiations referred to in paragraph 1.

(3) If no amicable agreement is reached within four weeks from the date of submission of the application to the Labour and Social Court, the employer shall, within a further week, have the employee's consent in the conditions of the In the case of part-time employment with the competent labour and social court, the employee may take part in part-time employment on the conditions he has announced. If the comparison test takes place only after four weeks, the time limit for the application of the application begins with the day following the comparison test. The Labour and Social Court must then take the action of the employer if the company's requirements outweigh the interests of the employee. If the Labour and Social Court does not give the employer's action, the part-time employment intended by the employee shall be effective with the legal force of the judgment.

(4) If the employee intends to make a change or an early termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the employer may, on the other hand, bring an action before the competent labour and social court within a further week. If the employer does not bring an action, the change or premature termination of part-time employment announced by the employee shall take effect. The Labour and Social Court must then take the action if the operational requirements are greater than the interests of the employee with regard to the intended change or premature termination.

(5) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the employer may, within a further week, bring an action for the change or early termination of the employment and social court, otherwise the part-time employment remains unchanged. The Labour and Social Court must then take the action if the operational requirements are greater than the interests of the employee with regard to the intended change or premature termination.

Procedures for agreed part-time employment

§ 8d. (1) In establishments in which a works council responsible for the worker is established, it shall, at the worker's request, be accompanied by the negotiations on part-time employment, the start, duration, position and extent of which are to be taken into account.

(2) If no agreement is reached within two weeks of the announcement, the worker may, on the basis of his consent, complain to the employer of a part-time employment, including the beginning, duration, position and extent of the part-time work. The Court of First Instance dismissed the action in so far as the employer, for objective reasons, refused to give his consent to the coveted part-time employment.

(3) If the employee intends to make a change or an early termination of part-time employment, paragraph 1 shall apply. If no agreement has been reached within two weeks of the announcement, the employee may, within a further week, bring an action for a change or an early termination of part-time employment with the competent labour and social court. The Labour and Social Court then dismissed the action if the operational requirements outweigh the interests of the employee with regard to the intended change or premature termination.

(4) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the employer may, within a further week, bring an action before the competent labour and social court for a change or an early termination, otherwise the Part-time employment remains unchanged. The Labour and Social Court must then take the action if the operational requirements are greater than the interests of the employee with regard to the intended change or premature termination.

(5) § 8c (6) shall apply.

Karenz in place of part-time employment

§ 8e. (1) If no agreement is reached between the employee and the employer on part-time employment in accordance with § § 8 and 8a, the employee may inform the employer within one week that he/she shall be


1.		in place of part-time employment, or
2.		up to the decision of the Labour and Social Court
Carence, but at the latest until the end of the child's second year of life, takes up.

(2) If the court of the action of the employer does not take place in a dispute pursuant to Section 8c (3) or the action of the employee pursuant to Section 8d (2), the employee may, within one week after receipt of the judgment, inform the employer that he/she Carence at the longest until the end of the child's second year of life takes up.

Protection against dismissal and dismissal in part-time employment

§ 8f. (1) The protection of dismissal and dismissal begins in principle with the announcement of part-time employment, but not earlier than four months before the intended start of part-time employment, but not before the birth of the child. It takes up to four weeks after the end of part-time employment, but at the latest up to four weeks after the end of the child's fourth year of life. Section 7 (3) shall apply. The provisions relating to the protection of dismissal and dismissal also apply during a procedure in accordance with § § 8c and 8d of this Federal Act.

(3) If a further activity is taken during part-time employment without the agreement of the employer, the employer may, within eight weeks from the knowledge contrary to paragraphs 1 and 2, issue a notice of termination on account of this activity.

Part-time employment of the adoptive or foster father

§ 8g. § § 8 to 8f also apply to an adoptive or foster-father, with the proviso that part-time employment can begin at the earliest with the adoption or taking over of the child. If the employee intends to work part-time at the earliest possible date, he shall immediately disclose this to the employer, including the beginning, duration, extent and situation.

Change in the situation of working time

§ 8h. § § 8 to 8g are also to be applied to a change in the situation of working time intended by the employee, with the proviso that the extent of working time shall be disregarded. "

6. In accordance with § 8h, the following section title and heading shall be inserted:

" Section 4

Other provisions "

7. In accordance with § 9a, the following section title shall be inserted:

"Section 5"

8. § 10 (10) sentence 1 and 2 are:

" § 8 (1) applies to federal civil servants, national teachers (§ 1 LDG 1984), federal state and forestry national teachers (§ 1 LLDG 1985) and class teachers, with the proviso that these officials are entitled to part-time employment at the latest until the end of the period. of the seventh year of life or a later school entry of the child. The provisions of Section 8 (1) on the extent and situation of part-time employment and Section 8b (5) and (6) shall apply with the following exceptions: "

9. § 10 (10) Z 5 reads:


" 5.		§ 8f shall apply with the amendments arising from § § 20 to 22 MSchG. "

10. § 10 para. 13, first sentence and second half-sentence are:

" § 8 (1) shall apply to judges and judges with the proviso that they shall be entitled to part-time employment at the latest until the end of the seventh year of life or a later school entry of the child. The provisions of Section 8 (1) on the extent of part-time employment and Section 8b (5) and (6) shall apply to judges ' candidates and judges with the following exceptions: "

11. § 10 (14) The introduction sentence reads as follows:

"Section 8f (2), last sentence, shall not apply to the other servants not covered by paragraphs 8, 10 and 13, and § 8 and 8a shall apply with the proviso that:"

12. § 10 (14) Z 2 reads:


" 2.		§ 8f shall apply with the amendments arising from § § 20 to 22 MSchG. "

13. The following paragraphs 17 to 19 are added to § 10:

" (17) § § 8a, 8c, 8f (2), last sentence, and 8h shall not be applied to public service employees.

(18) § § 8c (1) and 8d (1) are for departments which are not under the II. Part of the Labour Constitution Act, BGBl. No 22/1974, with the proviso that the Staff Committee shall be replaced by the Works Council.

(19) § 8e shall apply to civil servants with the proviso that, in the event of a refusal of part-time employment by the service authority in accordance with paragraph 10 (3), the service taker is in place of part-time employment or up to a final decision on the employment of Karenz. can be used. "

14. In accordance with § 10, the following section title and heading shall be inserted:

" Section 6

Final provisions "

15. § 11 shall be entitled to the following heading:

"referrals"

16. The following paragraph 11 is added to § 14:

" (11) § § 7 para. 1 Z 2, 8 to 8h and 10 para. 10, 13, 14, 17 to 19 in the version of the Federal Law BGBl. I n ° 64/2004 will enter into force on 1 July 2004 and shall apply to fathers (adoptive or foster fathers), whose children are born after 30 June 2004. For fathers (adoptive or foster fathers), whose children were born before 1 July 2004, the provisions of § § 7 (1) Z 2, 8, 8a and 10 in the version before the Federal Law BGBl apply. I No 64/2004. By way of derogation, part-time employment or a change in the situation of working time can be carried out in accordance with § § 8 to 8h and 10 para. 10, 13, 14, 17 to 19 in the version of the Federal Law BGBl. I n ° 64/2004 is required by a


1.		Father (adoptive or foster father), if he or the mother (adoptive or foster mother) of the child is in Karenz on 1 July 2004 according to this federal law, the MSchG, similar Austrian legislation or a similar Legislation of a Member State of the European Economic Area, with part-time employment or a change in the situation of working time in accordance with the Federal Law BGBl. I n ° 64/2004 can be taken at the earliest after the expiry of the Karenz;
2.		Father (adoptive or foster father), if he or the mother (adoptive or foster mother) of the child on 1 July 2004 in part-time employment under this Federal Law, the MSchG, similar Austrian legislation or a (a) similar legislation of a Member State of the European Economic Area, with part-time employment or a change in the situation of working time in accordance with the Federal Law BGBl. I n ° 64/2004 can be taken at the earliest after the end of the originally agreed part-time employment;
3.		Father, if the mother of the child on 1 July 2004 in an employment prohibition pursuant to § 5 (1) and (2) of the MSchG, similar Austrian legislation or a similar piece of legislation of a Member State of the European the economic area;
4.		Father, if the mother of the child was born on 1 July 2004 following the period laid down in Article 5 (1) and (2) of the MSchG, similar Austrian legislation or a similar piece of legislation of a Member State of the European An economic area is used for a fee holiday or is prevented by illness or accident at the service, and Karenz or part-time employment according to the MSchG, similar Austrian legislation or a similar Legislation of a Member State of the European Economic Area already , in which case part-time employment or a change in the situation of working time according to the Federal Law BGBl. I n ° 64/2004 at the earliest after the expiry of the Karenz or of the originally agreed part-time employment. "

Article 3

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I No 158/2002, shall be amended as follows:

1. (Policy determination) Section 10a (9) reads as follows:

"(9) The paragraphs 2 to 5, 7 and 8 do not apply to part-time jobs in accordance with § § 26j, 26k, 26q, 105f, 105g and 105m."

2. (Policy determination) The following sentence shall be added to Article 26a (3):

" Refers to the mother's aid (weekly allowance) according to § 102a Industrial Social Security Act (GSVG), BGBl. No 560/1978, as amended, or in accordance with § 98 of the farmers ' social security act (BSVG), BGBl. No 559/1978, as amended, and if the eight-week period is shortened prior to delivery, the Karenz shall begin at the earliest with the date referred to in Section 102a (1), fourth sentence, GSVG and Section 98 (1), fourth sentence, of the BSVG. "

3. (Policy determination) In section 26b, paragraph 1, the quote is "§ 26" by quoting "§ 26a" replaced.

4. (Policy determination) In Section 26d (4), the word order shall be "Beyond the Child" through the phrase "the child" replaced.

5. (Policy determination) In Section 26e (4), the word order shall be "agreed part-time work" through the phrase "Part-time employment according to § § 26j, 26k or 26q" replaced.

6. (Policy determination) Section 26f (1) Z 2 reads as follows:


" 2.		after the end of a carence or part-time employment in accordance with § § 26j, 26k or 26q, which is used as a result of the prevention of the mother, adoptive or caring food. "

7. (Basic Law and Federal Law Applicable directly) § § 26j and 26k together with the headings are replaced by the following § § 26j to 26r together with the headings:

" entitlement to part-time employment

§ 26j. (Policy determination) (1) The service taker shall be entitled to part-time employment at the latest until the end of the seventh year of life or to a later school entry of the child if:


1.		the employment relationship at the time of entry of part-time employment has lasted for three years, and
2.		the employee is employed at that time in an establishment (§ 139) with more than 20 employees and employees.
The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the service provider. Employees do not have the right to a part-time job during a teaching period.

(2) All periods completed by the service provider in the immediately preceding service conditions to the same employer shall be taken into account in the calculation of the minimum period of service provided for in paragraph 1 (1) (1). Likewise, periods of interrupted service, which are continued on the basis of reinstatability or re-establishment agreements with the same service provider, count for the minimum term of service. By way of derogation from § 26i, third sentence, periods of a Karenz according to this Federal Act shall be credited to the minimum period of service.

(4) In establishments with up to 20 employees and female employees, an operating agreement within the meaning of section 202 (1) (24) may stipulate, in particular, that the employees have a right to part-time employment as defined in paragraph 1. This part-time employment shall be subject to all the provisions applicable to part-time employment as referred to in paragraph 1. The termination of such an operating agreement shall be effective only in respect of the service relationships of those employees who have not announced or have been notified in writing of part-time employment after the operating agreement for the date of termination.

Agreed part-time work

§ 26k. (Policy determination) The service taker, who is not entitled to a part-time employment pursuant to section 26j (1) or (4), can work part-time with the employer, including the beginning, duration, extent and situation of the child until the end of the child's fourth year of life. agree.

Common provisions on part-time employment

§ 26l. (Policy determination) (1) A prerequisite for the use of part-time employment in accordance with § § 26j and 26k is that the employee lives with the child in the common household or a care according to the § § 167 (2), 177 or 177b of the General Civil JGS No. 946/1811, and the mother is not present at the same time in Karenz.

(2) The employee can only take part in part-time employment for each child. Part-time employment must last at least three months.

(3) Part-time employment may be held at the earliest


1.		with the expiry of a ban on employment of the mother after the birth of a child (Article 99 (1) or similar Austrian legislation, similar legislation of the Member States of the European Economic Area), or
2.		with the expiry of eight or in the case of early, multi-part or caesarean paralysed births twelve weeks after the birth, if the mother is not a service worker (cases of § 26a (1) (2)),
will be the case. In this case, the service provider shall inform the employer, including the duration, extent and position of part-time employment, in writing at the latest eight weeks after the birth of the child. Article 26a, paragraph 3, second sentence, shall apply.

(4) If the employee intends to enter part-time employment at a later date, he shall inform the employer, including the beginning, duration, extent and position of part-time employment, in writing at the latest three months before the date of entry into force. intended to be announced at the beginning. However, if the period between the end of the period referred to in paragraph 3 and the commencement of the intended part-time employment is less than three months, the employee shall have the part-time employment in writing at least eight weeks after the birth of the To give a child.

(5) The service taker may require both a change in part-time work (prolongation, modification of the extent or the situation) and an early termination only once. He shall disclose this to the service provider in writing at the latest three months before the intended change or termination.

(6) The employer may require both a change in part-time employment (change in the extent or the situation) and an early termination only once. He shall disclose this to the service provider in writing at the latest three months before the intended change or termination.

(7) Fallen in a calendar year also periods of part-time employment, fees paid to the service taker other, in particular one-time remuneration within the meaning of Article 67 (1) of the EStG 1988 in the extent corresponding to full-time and part-time employment in the Calendar year.

(9) Part-time employment of the employee ends prematurely with the use of a Karenz or part-time employment under this Federal Act for another child.

Procedure for entitlement to part-time employment

§ 26m. (Policy determination) (1) In establishments in which a works council responsible for the service is established, it shall, at the worker's request, be accompanied by the negotiations on the start, duration, extent or situation of part-time employment. If no agreement is reached within two weeks of the announcement, representatives of the legal interests of the service providers and the service providers can, in agreement between the service provider and the service provider, be drawn to the negotiations. The service provider shall record the outcome of the negotiations in writing. Such a copy shall be signed by both the service provider and the service provider, and shall be issued to the service provider.

(2) If no agreement is reached on the beginning, duration, extent or situation of part-time employment within four weeks of the announcement, the employee may enter part-time employment on the conditions he has announced, provided that the not within two weeks at the competent labour and social court a request pursuant to section 433 (1) of the ZPO for amicable agreement, if necessary, within the framework of a court day. The application shall be followed by the outcome of the negotiations referred to in paragraph 1.

(4) (federal law directly applicable) In the case referred to in paragraph 3, the employment and social court has to take the action of the employer in the event that the company's requirements outweigh the interests of the service provider. If the employment and social court does not give the service provider's action, the part-time employment intended by the service provider shall be effective with the legal force of the judgment.

(5) (Policy determination) If the service provider intends to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the service provider may, within a further week, bring an action before the competent labour and social court. If the service provider does not bring an action, the change or early termination of part-time employment announced by the service provider shall take effect.

(6) (federal law directly applicable) In the case referred to in paragraph 5, the Labour and Social Court shall have the right to take the action if the operational requirements outweigh the interests of the service provider with regard to the intended change or premature termination.

(7) (Policy determination) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the employer may, within a further week, bring an action before the competent labour and social court for a change or an early termination, otherwise the Part-time employment remains unchanged.

(8) (federal law directly applicable) In the case referred to in paragraph 7, the Labour and Social Court shall have the right to take the action if the operational requirements prevail over the interests of the service provider with regard to the intended change or premature termination.

(9) (federal law directly applicable) No party shall be entitled to a claim for reimbursement of costs to the other party in disputes under (3) to (8). An appeal is not admissible against a judgment of the court of first instance and-irrespective of the value of the subject-matter of the dispute-decisions of the court of first instance can be appealed only for the reasons of § 517 (1) Z 1, 4 and 6 ZPO.

Procedures for agreed part-time employment

§ 26n. (Policy determination) (1) In establishments in which a works council responsible for the service is established, it shall, at the request of the service provider, enter into negotiations on part-time employment, the start, duration, position and extent of which are to be taken into account.

(2) If no agreement is reached within two weeks of the announcement, the service provider may, on the basis of his/her consent, complain to part-time employment, including the beginning, duration, position and extent of such work.

(3) (federal law directly applicable) In the case referred to in paragraph 2, the Labour and Social Court dismissed the application in so far as the employer refused to give his consent to the coveted part-time employment for objective reasons.

(4) (Policy determination) If the service provider intends to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the service provider may, within a further week, bring an action for a change or early termination of part-time employment with the competent labour and social court.

(5) (federal law directly applicable) In the case of paragraph 4, the Labour and Social Court shall then dismiss the action if the operational requirements prevail over the interests of the service provider in view of the intended change or premature termination.

(6) (Policy determination) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the employer may, within a further week, bring an action before the competent labour and social court for a change or an early termination, otherwise the Part-time employment remains unchanged.

(7) (federal law directly applicable) In the case of paragraph 6, the Labour and Social Court shall have the right to take the action if the operational requirements prevail over the interests of the service provider with regard to the intended change or premature termination.

(8) (federal law directly applicable) § 26m (9) shall apply.

Karenz in place of part-time employment

§ 26o. (Policy determination) (1) If no agreement is reached between the service provider and the service provider on part-time employment in accordance with § § 26j and 26k, the service provider may announce to the service provider within one week that he/she is


1.		in place of part-time employment, or
2.		up to the decision of the Labour and Social Court
Carence, but at the latest until the end of the child's second year of life, takes up.

(2) If the court of action of the service provider does not take place in proceedings pursuant to Section 26m (3) or the employee's action under Section 26n (2) does not take place, the service provider may, within one week after receipt of the judgment, inform the employer of the court's decision, that he would take up Karenz until the end of the child's second year of life.

Protection against dismissal and dismissal in part-time employment

§ 26p. (Policy determination) (1) The protection of dismissal and dismissal begins in principle with the announcement of part-time employment, but not earlier than four months before the intended start of part-time employment, but not before the birth of the child. It takes up to four weeks after the end of part-time employment, but at the latest up to four weeks after the end of the child's fourth year of life. A dismissal can only be issued after the court has given its consent from the reasons expressly stated in § 34. The provisions relating to the protection of dismissal and dismissal also apply during a procedure in accordance with § § 26m and 26n.

Part-time employment of the adoptive or foster father

§ 26q. (Policy determination) § § 26j to 26p also apply to an adoptive or foster-father, with the proviso that part-time employment can begin at the earliest with the adoption or taking over of the child. If the employee intends to work part-time at the earliest possible date, he shall immediately disclose this to the employer, including the beginning, duration, extent and situation.

Change in the situation of working time

§ 26r. (Basic Law and Federal Law Applicable directly) § § 26j to 26q shall also apply to a change in the position of working time intended by the service provider, with the proviso that the extent of the working time shall be disregarded. "

8. (Policy determination) The former § 26l is given the name "§ 26s" .

9. (Policy determination) The previous § 26n is given the name "§ 26t" and the quote "§ 26l" is due to the quote "§ 26s" replaced.

10. (Policy determination) § 26u together with headline:

" Service (Werks) Apartment

§ 26u. Agreements on the employee's claim for a service provided (work) or other accommodation can only be made during the period of protection of dismissal and dismissal pursuant to § § 26f and 26p only before the court of law after the previous Legal instruction of the service provider shall be taken. "

11. (Policy provision ) Section 31 (5) Z 2 shall be referred to after the word "Part-time employment" the parenthesis expression "(§ 105f)" by the parenthesis expression "(§ 105f, 105g or 105m)" replaced.

12. (Policy determination) Section 31 (6) shall be referred to after the word "Part-time employment" the parenthesis expression "(§ § 26j and 26k)" by the parenthesis expression "(§ § 26j, 26k or 26q)" replaced.

13. (Policy determination) In Article 31 (7) (3), the following shall be referred to: "Part-time employment" the citation "according to § § 26j, 26k and 105f" by quoting "in accordance with § § 26j, 26k, 26q, 105f, 105g or 105m" replaced.

14. (Policy provision ) Section 39e (3) provides a quote "26l" by quoting "26s" and the quote "105f Abs.1 last sentence" by quoting "105h para. 8" replaced.

15. (Policy provision ) In § 39q paragraph 2 Z 1, the quote is "§ § 26j, 26k or 105f" by quoting "§ § 26j, 26k, 26q, 105f, 105g or 105m" replaced.

16. (Policy determination) In Section 74 (2), the quote shall be: "§ § 26j, 26k or 105f" by quoting "§ § 26j, 26k, 26q, 105f, 105g or 105m" replaced.

17. (Policy determination) In Section 97 (5), the quote shall be: " BGBl. II No 24/1997 " by quoting " BGBl. II No 470/2001 replaced.

18. (Policy determination) In Section 105d (3), the word "agreed" .

19. (Basic Law and Federal Law Applicable directly) § 105f together with the title shall be replaced by the following sections 105f to 105n together with headlines:

" entitlement to part-time employment

§ 105f. (Policy determination) (1) The employee shall have a right to part-time employment at the latest until the end of the seventh year of life or a later school entry of the child, if:


1.		the employment relationship at the time of entry of part-time employment has lasted for three years, and
2.		the customer is employed at that time in an establishment (§ 139) with more than 20 employees and employees.
The beginning, duration, extent and situation of part-time employment shall be agreed with the employer, taking into account the operational interests and the interests of the service provider. Female employees do not have the right to part-time employment during a teaching period.

(2) All periods completed by the service provider in the immediately preceding service relationship with the same employer shall be taken into account in the calculation of the minimum period of service provided for in paragraph 1 (1) (1). Likewise, periods of interrupted service, which are continued on the basis of reinstatability or re-establishment agreements with the same service provider, count for the minimum term of service. By way of derogation from § 105e iVm § 26i third sentence, periods of a Karenz according to this Federal Act shall be credited to the minimum period of service.

(4) In establishments with up to 20 employees and female employees, an operating agreement within the meaning of section 202 (1) (24) may stipulate, in particular, that the female employees have a right to part-time employment as defined in paragraph 1. This part-time employment shall be subject to all the provisions applicable to part-time employment as referred to in paragraph 1. The termination of such an operating agreement shall be effective only in respect of the service relationships of those female employees who do not announce or accede to part-time employment in writing after the operating agreement for the date of termination of the contract .

Agreed part-time work

§ 105g. The service provider, who is not entitled to part-time employment pursuant to § 105f (1) or (4), may, with the employer, a part-time employment, including the beginning, duration, extent and position of the employee, at the latest until the end of the fourth year of life of the Children agree.

Common provisions on part-time employment

§ 105h. (1) The condition for the use of part-time employment in accordance with § § 105f and 105g is that the employee lives with the child in the common household or a care according to the § § 167 (2), 177 or 177b of the General Civil JGS No. 946/1811, and the father is not present at the same time in Karenz.

(2) The employee can only take part in part-time employment for each child. Part-time employment must last at least three months.

(3) Part-time employment may be initiated at the earliest following the time limit laid down in § 99 (1) and (2), a subsequent fee holiday or an anti-sickness service (accident). In this case, the service provider shall inform the service provider in writing, including the duration, extent and position of part-time employment, by the end of the period laid down in § 99 (1).

(4) If the employee intends to enter part-time employment at a later date, it shall inform the employer, including the beginning, duration, extent and situation of part-time employment, in writing at the latest three months before the date of the intended to be announced at the beginning. If, however, the period between the end of the period referred to in Article 99 (1) and the start of the intended part-time employment is less than three months, the employee shall have the part-time employment in writing until the end of the period referred to in Article 99. Paragraph 1 shall be announced.

(8) § 26s shall apply.

(9) The employer is obliged to issue a confirmation of the commencement and duration of part-time employment or the non-use of part-time employment at the request of the service provider at the request of the service provider. This confirmation is to be completed by the service user.

(10) Part-time employment of the employee ends prematurely with the use of a carency or part-time employment under this Federal Act for another child.

Procedure for entitlement to part-time employment

§ 105i. (Policy determination) (1) In establishments in which a works council responsible for the service is established, it shall, at the request of the service provider, be able to join the negotiations on the beginning, duration, extent or situation of part-time employment. If no agreement is reached within two weeks of the announcement, representatives of the legal interests of the service providers and the service providers can be consulted in the agreement between the service provider and the service provider. The service provider shall record the outcome of the negotiations in writing. This copy must be signed by both the employer and the service provider, and the service is to be handed out to the service provider.

(2) If no agreement is reached on the beginning, duration, extent or situation of part-time employment within four weeks of the announcement, the employee may enter part-time employment on the conditions which it has announced, provided that the not within two weeks at the competent labour and social court a request pursuant to section 433 (1) of the ZPO for amicable agreement, if necessary, within the framework of a court day. The application shall be followed by the outcome of the negotiations referred to in paragraph 1.

(4) (federal law directly applicable) In the case referred to in paragraph 3, the employment and social court must then take the action of the employer if the company's requirements outweigh the interests of the service provider. If the employment and social court does not give the service provider's action, the part-time employment intended by the service provider shall be effective with the legal force of the judgment.

(5) (Policy determination) If the service is intended to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the service provider may, within a further week, bring an action before the competent labour and social court. If the service provider does not bring an action, the change or early termination of part-time employment announced by the service provider shall take effect.

(6) (federal law directly applicable) In the case referred to in paragraph 5, the Labour and Social Court shall have the right to take the action if the company's requirements outweigh the interests of the service in relation to the intended change or premature termination.

(7) (Policy determination) If the employer intends to change part-time work or an early termination, paragraph 1 shall apply. If no agreement is reached within four weeks of the announcement, the employer may, within a further week, bring an action for the change or early termination of the employment and social court, otherwise the part-time employment remains unchanged.

(8) (federal law directly applicable) In the case referred to in paragraph 7, the Labour and Social Court shall have the right to take the action if the operational requirements prevail over the interests of the service employee with regard to the intended change or premature termination.

Procedures for agreed part-time employment

§ 105j. (Policy determination) (1) In establishments in which a works council responsible for the service is established, it shall, at the request of the service provider, be responsible for the negotiations on part-time employment, the start, duration, position and extent of which are to be taken into account.

(4) (Policy determination) If the service is intended to change or premature termination of part-time employment, paragraph 1 shall apply. If no agreement is reached within two weeks of the announcement, the customer may, within a further week, bring an action for a change or an early termination of part-time employment with the competent labour and social court.

(5) (federal law directly applicable) In the case of paragraph 4, the Labour and Social Court shall then dismiss the action if the company's requirements outweigh the interests of the service employee with regard to the intended change or premature termination.

(7) (federal law directly applicable) In the case referred to in paragraph 6, the Labour and Social Court shall have the right to take the action if the operational requirements prevail over the interests of the employee with regard to the intended change or premature termination.

(8) (federal law directly applicable) § 105i (9) shall apply.

Karenz in place of part-time employment

§ 105k. (1) If there is no agreement between the service provider and the service provider concerning part-time employment in accordance with sections 105f and 105g, the service provider may announce within one week that the service provider is


1.		in place of part-time employment, or
2.		up to the decision of the Labour and Social Court
Carence, but at the latest until the end of the child's second year of life, takes up.

(2) If the court of action of the service provider does not take place in a dispute pursuant to Section 105i (3) or the action of the service provider pursuant to § 105j (2) does not take place, the service provider may, within one week after receipt of the judgment, be known to the service provider. indicate that it will take up Karenz at the latest until the end of the child's second year of life.

Protection against dismissal and dismissal in part-time employment

§ 105l. (Policy determination) (1) The protection of dismissal and dismissal pursuant to § § 102 and 103 shall in principle begin with the announcement, but not earlier than four months before the intended start of part-time employment. It takes up to four weeks after the end of part-time employment, but at the latest up to four weeks after the end of the child's fourth year of life. The provisions relating to the protection of dismissal and dismissal also apply during a procedure in accordance with § § 105i and 105j.

Part-time employment of adoptive or foster mothers

§ 105m. (Policy determination) § § 105f to 105l also apply to an adoptive or foster mother, with the proviso that part-time employment can begin at the earliest with the acceptance or the take-over of the child. If the employee intends to work part-time at the earliest possible date, it shall inform the employer immediately, including the beginning, duration, extent and position of the employer.

Change in the situation of working time

§ 105n. (Basic Law and Federal Law Applicable directly) § 105f to 105m are also to be applied to a change in the position of working time, which is intended by the employee, with the proviso that the extent of working time shall be disregarded. "

20. (Policy determination) The previous § 105g is given the name "§ 105o" and in the Z 3, the phrase "§ 105f (1) last sentence in conjunction with § 26l" through the phrase "§ § 105h (8) in conjunction with § 26s" replaced.

21. (Policy determination) § 106 reads:

" § 106. (Policy determination) For the right to a service (Werks) flat applies § 26u. "

22. (Basic Law and Federal Law Applicable directly) The following sections (20) and (21) are added to Section 239:

" (20) (federal law directly applicable) § § 10a (9), 26a (3), 26b (1), 26d (4), 26e (4), 26f (1), 26j to 26l, 26m (1) to (3), (5) and (7), 26n (1), (2), (4) and (7), 26o to 26u, 31 (5) to (7), 39e (3), 39q (2), 74 (2), (97) (5), 105d (3), 105f to 105h, 105i (1) to (3), (5) and (7), 105j (1), (2), (4) and (6), 105k to 105o, and 106, as amended by the Federal Law BGBl (Federal Law Gazette). I No 64/2004 shall be adopted within six months of the date on which the event is held.

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


1.	the implementing provisions for § § 26a (3), 26b (1), 26d (4), 26e (4), 26f (1), 26j to 26l, 26m (1) to (3), (5) and (7), 26n (1), (2), (4) and (7), 26o to 26u, 31 (5) to (7), 39e (3), 39q (2), 74 (2), 105d (3), 105f to 105h, 105i (3) Par. 1 to 3, 5 and 7, 105j para. 1, 2, 4 and 6, 105k to 105o and 106 in the version of the Federal Law BGBl. I n ° 64/2004 for parents (adoptive or foster parents), whose child is born from the entry into force of the implementing law;
2.	for parents (adoptive or foster parents), whose children were born before the entry into force of the implementing law, the implementing provisions for § § 26j, 26k or 105f in the version before the Federal Law BGBl. I n ° 64/2004;
3.	by way of derogation from Z 2, part-time employment or a change in the situation of working time in accordance with the implementing provisions of Sections 26j to 26r and 105f to 105n in the version of the Federal Law BGBl. I n ° 64/2004 may be required by:
a)		Parents (adoptive or foster parents) if one of the parents is in Karenz on the date mentioned in Z 1 in accordance with the implementing act, similar Austrian legislation or a similar piece of legislation of a Member State of the European Economic Area, where a part-time employment or a change in the situation of working time can be made at the earliest after the expiry of the period of work, in accordance with the implementing act;
b)		Parents (adoptive or foster parents) if one of the parents is in part-time employment in accordance with the implementing act, similar Austrian legislation or a similar piece of legislation of a Member State of the European Economic Area, with part-time employment or a change in the situation of working time under the implementing law at the earliest after the end of the originally agreed part-time employment may be approached;
c)		Parents, if the mother of the child is prohibited by the provisions of Article 99 (1) and (2), similar Austrian legislation or a similar piece of legislation, on the date stated in Z 1. of a Member State of the European Economic Area;
d)		Parents, if the mother of the child is to the date specified in Z 1 following the time limit laid down in accordance with the implementing provisions of § 99 (1) and (2), similar Austrian legislation or a similar piece of legislation of a The Member State of the European Economic Area consumes a fee holiday or is prevented by illness or accident at the service, and Karenz or part-time employment under the Implementing Act, similar Austrian Legislation or similar legislation of a The Member State of the European Economic Area has already claimed that part-time employment or a change in the situation of working time under the implementing act is not at the earliest after the expiry of the Karenz. of the originally agreed part-time employment. "

Article 4

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I n ° 30/2004, shall be amended as follows:

1. § 19d (8) reads:

" (8) Paragraph 2 to 4 does not apply to part-time employment under the maternity protection act 1979, BGBl. No. 221, Väter-Karenzgesetz, BGBl. No 651/1989, or comparable Austrian legislation. '

2. The following paragraph 1p is inserted in § 33:

" (1p) § 19d Para. 8 in the version of the Federal Law BGBl. I n ° 64/2004 shall enter into force on 1 July 2004. '

Article 5

Amendment of the Act on the Employment

The law on employees, BGBl. No 292/1921, as last amended by the Federal Law BGBl. I No 100/2002, is amended as follows:

1. In § 23 (1a) the phrase shall be: " § 2 para. 3 Parents-Karenzurlaubsgesetz, BGBl. No. 651/1989 (ECUG), section 15 (1a) " through the phrase " § 7b (1) of the Fathers-Karenz Act (VKG), BGBl. No. 651/1989, Section 15e (1) " replaced.

2. In § 23 (8) the word order shall be "§ 15c MSchG or § 8 EKUG" through the phrase "MSchG or VKG" replaced.

Article 23a (3) reads as follows:

" (3) Female employees are to be paid-provided that the service has lasted for a continuous period of five years-half of the copy to be paid pursuant to section 23 (1), but not more than three times the monthly salary, if it is


1.		after the birth of a living child within the protection period (§ 5 para. 1 of the maternity protection law 1979, BGBl. 221) or
2.		after the acceptance of a child, which has not yet completed the second year of life, on a child (§ 15c para. 1 Z 1 MSchG) or after taking over such a child in free care (§ 15c para. 1 Z 2 MSchG) within eight weeks
Declare their early exit from the employment relationship. In the case of a Karenz after the MSchG, the withdrawal shall be declared no later than three months before the end of the Karenz. Periods of minor occupations according to § 15e para. 1 MSchG shall not be taken into consideration for the entitlement to the deferment. "

4. § 23a (4) reads:

" (4) (3) shall also apply to male employees, provided that they take up a Karenz under the VKG or similar Austrian legislation and their early exit from the employment relationship at the latest three months before the end of the Karenz explain. "

5. In Section 23a (4a) the phrase shall be: "§ 15c MSchG or § 8 EKUG" through the phrase "MSchG or VKG" as well as the phrase "a Karenzurlaubes according to EKUG" through the phrase "a Karenz according to VKG" replaced.

6. The Art. X (2) is added to the following Z 8:


" 8.		Section 23 (1a) and (8) and Article 23a (3), (4) and (4a) in the version of the Federal Law BGBl. I n ° 64/2004 shall enter into force on 1 July 2004. '

Article 6

Amendment of the Gutsangestelltengesetz

The Gutsangestelltengesetz, BGBl. No 538/1923, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 100/2002, is amended as follows:

1. In § 22 (1a) the word order shall be " § 2 para. 3 Parents-Karenzurlaubsgesetz, BGBl. No. 651/1989 (ECUG), § 105 (1) last sentence of the 1984 Land Labour Act " through the phrase " § 7b (1) of the Fathers-Karenz Act (VKG), BGBl. N ° 651/1989, § 105e iVm § 26h (1) of the 1984 Landarbeitsgesetz (Landarbeitsgesetz) replaced.

2. In § 22 (8) the word order shall be "Part-time employment according to § 8 EKUG or § 105a LAG" through the phrase "Part-time employment due to the birth of a child by VKG or LAG" replaced.

Section 22a (3) reads as follows:

" (3) If the service has lasted for a continuous period of five years, half of the copy to be paid pursuant to section 22 (1), but not more than three times the monthly salary, if the service has not been interrupted for five years.


1.		after the birth of a living child within the protection period (Section 99 (1) of the Landarbeitsgesetz 1984, BGBl. 287),
2.		after the adoption of a child, which has not yet completed the second year of life, on a child (§ 105c para. 1 Z 1 LAG) or after taking over such a child in free care (§ 105c para. 1 Z 2 LAG) within eight weeks
Declare their early exit from the employment relationship. In case of a Karenz due to the birth of a child according to the LAG, the withdrawal shall be declared no later than three months before the end of the Karenz. Periods of minor employment pursuant to Section 7b (1) of the VKG or § 105e iVm § 26h (1) of the LAG shall not be taken into consideration for the entitlement to the deferment. "

4. § 22a (4) reads:

' (4) (3) shall also apply to male servants, provided that they take advantage of a Karenz within the meaning of the VKG or similar Austrian legislation and, at the latest three months before the end of the period of service, their early exit from the service contract Karenz explain. "

(5) In section 22a (4a) the word order shall be "Part-time employment according to § 105a LAG or § 8 EKUG" through the phrase "Part-time employment due to the birth of a child according to LAG or VKG" as well as the phrase "a Karenzurlaubes according to LAG or EKUG" through the phrase "a Karenz due to the birth of a child according to LAG or VKG" replaced.

6. The following paragraph 9 is added to § 42:

" (9) § 22 (1a) and (8) and § 22a (3), (4) and (4a) in the version of the Federal Law BGBl. I n ° 64/2004 shall enter into force on 1 July 2004. '

Article 7

Modification of the construction worker-Holiday and Abortion Act

The Construction Workers ' Vacations and Abortion Act, BGBl. No. 414/1972, as last amended by the Federal Act BGBl. I No 100/2002, is amended as follows:

1. § 13a (2) Z 2 reads:


" 2.		after the acceptance of a child who has not yet completed the second year of life (§ 15c para. 1 Z 1 MSchG) or after taking over such a child in free care (§ 15c para. 1 Z 2 MSchG) within eight weeks explain early exit from the employment relationship. If a Karenz is used according to the MSchG, the withdrawal shall be declared no later than three months before the end of the Karenz. "

Section 13a (3) reads as follows:

" (3) (2) also applies to male employees, provided that they have a Karenz according to the Väter-Karenzgesetz (VKG-Karenzgesetz-VKG), BGBl. No 651/1989, as amended or similar Austrian legislation, and declare their early exit from the employment relationship no later than three months before the end of the Karenz. "

(3) In Section 13a (4a) the phrase shall be: "§ 15c MSchG or § 8 EKUG" through the phrase "MSchG or VKG" replaced.

4. The following paragraph 6 is added to § 40:

" (6) § 13a (2) (2), (2), (3) and (4a) in the version of the Federal Law BGBl. I n ° 64/2004 shall enter into force on 1 July 2004. '

Article 8

Amendment of the Labour Market Promotion Act

The Labour Market Promotion Act, BGBl. No 31/1969, as last amended by the Federal Law BGBl. I n ° 130/2002, shall be amended as follows:

1. Before the heading to § 27, the following § 26 and heading is inserted:

" Aid as an incentive to agree on part-time work for parents of young children and to create additional jobs

§ 26. (1) In order to pay financial compensation for increased expenditure on part-time work, which is due to the reduction in the working time of workers with child-care obligations, including the setting up of the necessary adjustment of Replacement workers in small enterprises with up to 20 employees can be granted aid as a grant. Such expenditure may be incurred, in particular, by the necessary conversion of the organisation of the process and the creation of additional jobs.

(2) There is no legal entitlement to aid granted in accordance with paragraph 1.

(3) Other aid granted in accordance with national or national legislation and other benefits shall be taken into account in the granting of aid pursuant to paragraph 1.

(4) The Federal Minister for Economic Affairs and Labour, after hearing the statutory representations of interests and the collective contractual professional associations of employers and employees, has guidelines for the award of aid pursuant to paragraph 1 of this Article. .

(5) Applications for the grant of an aid pursuant to paragraph 1 shall be submitted to the Austria Wirtschaftsservice Gesellschaft mit beschränkter Haftung. The Austria Wirtschaftsservice Gesellschaft mit beschränkter Haftung shall decide on these terms of reference.

(6) On the occasion of the grant of an aid, it should be agreed that the beneficiary of an aid which has caused his or her gross negligence or gross negligence on the basis of untrue information or conscription of authoritity facts to replace the aid must be agreed. is obligated to receive unauthorised access. "

(2) The following paragraph 16 is added to § 53:

" (16) § 26 together with the title in the version of the Federal Law BGBl. I n ° 64/2004 shall enter into force on 1 July 2004. '

Klestil

Bowl

Change Of The Maternity Protection Act 1979, The Fathers Parental Leave Act, The Agricultural Work Act 1984, The Working Hours Act, The Salaried Employees Act, Of The Estate Employees Act, The Construction Workers Udheen...

Original Language Title: Änderung des Mutterschutzgesetzes 1979, des Väter-Karenzgesetzes, des Landarbeitsgesetzes 1984, des Arbeitszeitgesetzes, des Angestelltengesetzes, des Gutsangestelltengesetzes, des Bauarbeiter-Urlau...

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