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Amendment Of The Working Time Act And The Work In Peace Act

Original Language Title: Änderung des Arbeitszeitgesetzes und des Arbeitsruhegesetzes

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30. Federal Law, which changes the Labor Time Act and the Labour Law on Employment

The National Council has decided:

Article 1

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I n ° 122/2002, shall be amended as follows:

(1) In Section 5, the title shall be replaced by "Special provisions for workers in public transport undertakings" the heading "General special provisions" inserted.

2. § 18 (1) reads:

" (1) Companies serving in public transport shall, in so far as they are not excluded in accordance with Section 1 (2) of this Federal Act, apply the provisions of this Federal Act in accordance with section 5 for

1.

Employees in main or secondary railway companies according to § 4 of the Railways Act 1957, BGBl. No 60 used as mobile workers or carrying out schedule-related activities;

2.

Workers in road or overhead bus and coach undertakings in accordance with Section 5 of the Railways Act, which

a)

are used as mobile workers,

b)

carry out schedule-linked activities, or

c)

carry out other activities which ensure the continuity of the service;

3.

Employees in cableway companies according to § 2 of the cable car law 2003, BGBl. I No 103, which

a)

are operating as mobile workers,

b)

to support or secure passengers when entering or leaving the country, or

c)

have been seized of avalanche protection, circumcision and piste preparation, provided that there is a foreseeable excessive work-related accident;

4.

Employees, in the ship service of shipping companies or port companies within the meaning of the shipping law, BGBl. I No 62/1997;

5.

Workers in the shipping service of shipping companies within the meaning of the Maritime Law, BGBl. No 174/1981;

6.

workers employed in undertakings after the

a)

Aviation Act 1957, BGBl. 253,

b)

Airport ground handling law, BGBl. I No 97/1998,

c)

Federal Law on the Protection of Crimes Against the Security of Civil Aircraft, BGBl. No 824/1992,

carry out activities which are constantly required to maintain air traffic, as airport personnel or as air navigation staff;

even if they carry out other activities in the short term. "

3. § 18 (4) is replaced by the following paragraphs 4 and 5:

" (4) By means of collective agreement, a system deviating from § 11 may be admitted if it is in the interest of the employees of the company or is necessary for operational reasons.

(5) deviations in accordance with para. 2 to 4 or § § 18a to 18d are also permitted by operating agreements if:

1.

the collective agreement authorises them to do so, or

2.

for the workers concerned, no collective agreement is effective. "

4. According to § 18, the following § § 18a to 18d shall be inserted together with the headings:

" Employees in railway, tramway and cableway companies

§ 18a. For employees in accordance with Section 18 (1) (1) (1) to (3), collective agreements may allow the daily rest period to be reduced to at least eight hours in accordance with section 12 (1). This reduction shall be offset within the next 21 days by the corresponding extension of any other daily or weekly rest period. On a maximum of two days per week, the collective agreement may allow a reduction to at least six hours, with the first reduction being to be offset within seven days, the second reduction within 14 days.

Workers in inland waterway enterprises

§ 18b. (1) For employees in accordance with Section 18 (1) (4) (4), collective agreements may allow the daily rest period to be granted pursuant to section 12 (1).

1.

shall be shortened to at least eight hours. Such reductions in the rest period shall be offset within the next ten calendar days by the corresponding extension of another daily or weekly rest period. A reduction to less than ten hours shall be permitted only if the collective agreement provides for further measures to ensure the recovery of workers;

2.

shall be granted in two sections, one part of the rest period shall be at least six hours. Rest periods, which have been reduced to less than ten hours in accordance with Z 1, must not be shared.

(2) By way of derogation from § 25, the exclusion of the division of working time shall be carried out on board the ship and shall be carried out on board the ship in accordance with § 26. However, this does not apply to vehicles which only serve the Remork within the meaning of § 2 Z 30 of the Maritime Law in ports.

Workers in shipping companies

§ 18c. (1) By way of derogation from § 12, employees in accordance with Section 18 (1) Z 5 shall be granted an uninterrupted rest period of at least ten hours after the end of the working hours. Collective agreements may allow this rest period to be granted in two sections, one part having to be at least six hours, and for a maximum of 14 hours between these parts. In each period of seven consecutive days, the sum of these rest periods shall be at least 77 hours.

(2) Service plans and work-time drawings within the meaning of § § 25 and 26 shall be laid down in the working languages and in English on board the ships, respectively. , and shall comply with the standard models set out in Annexes I and II to Directive 1999 /95/EC. A copy of the work-time drawing, confirmed in writing by the employer and by the employee, must be handed out to the employee.

Workers in air carriers

§ 18d. For employees according to § 18 (1) (6) (6), collective agreements may allow the daily rest period referred to in § 12 to be reduced to at least ten hours if the working time immediately following this reduced rest period after six hours at the latest, in addition to the rest period in accordance with § 11, a rest period of 30 minutes shall be granted. Section 12 (2) shall remain unaffected. "

5. In § 20 (1), after the quote "18," the citation "18a, 18b para. 1, 18c para. 1, 18d" inserted.

6. In § 23, the quote "and 18" by quoting " , 18, 18a, 18b (1), 18c (1) and (18d) " replaced.

7. § 28 (1) (2) and (3) reads:

" 2.

not grant rest breaks or short breaks pursuant to § 11 (1), (3), (4) or (5), § 18 (4), § 18d or § 19a (4);

3.

not grant the daily rest period according to § 12 (1) to (2b), § 18a, § 18b (1), § 18c (1), § 18d, § 19a (8), § 20a (2) (2) (2) or § 20b (4) or periods of rest time in accordance with § 19a (4), (5) or (8) or § 20a (2) (2) Z 1; "

8. § 28 (1) Z 4 reads:

" 4.

the reporting obligations to the Labour Inspectorate pursuant to § 7 (4), § 11 (8) or (10) or § 20 (2), the recording obligations pursuant to § 18b (2), § 18c (2) and § 26 (1) to (5) or the disclosure and inspection duties in accordance with § 26 (6) , "

9. In accordance with § 31, the following § 32 is inserted:

" Reference to Directives

§ 32. The following directives of the European Union are implemented by this federal law:

1.

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. 18), as amended by Directive 2000 /34/EC of the European Parliament and of the Council amending Council Directive 93 /104/EC on certain aspects of the organisation of working time in respect of sectors and Areas of activity excluded from that Directive of 22 June 2000 (OJ L 327, 30.4.2000, p. No. OJ L 195, 01.08.2000, p.

2.

Council Directive 97 /81/EC of 15 December 1997 on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 378, 27.12.1997, p. No. OJ L 14, 20.01.1998 p. 9);

3.

Council Directive 1999 /63/EC of 21 June 1999 on the one of the European Community Shipowners 'Association (ECSA) and the Federation of Transport Workers' Uniforms in the European Union (Federation of European Communities Transport Workers ' Unions in the European Union FST) reached agreement on the regulation of the working time of seafarers in 2000 (OJ L 327, 28.2.2000, p. No. OJ L 167 of 02.07.1999 p. 33);

4.

Directive 1999 /95/EC of the European Parliament and of the Council on the enforcement of the working time regime for seafarers on board ships calling at Community ports of 13 December 1999 (OJ L 327, 30.12.1999, p. No. OJ No L 14, 20.01.2000 p. 29).

10. In accordance with § 33 (1n), the following paragraph 1o is inserted:

" (1o) § 18 para. 1, 4 and 5, § 18a, § 18b, § 18c, § 18d, § 20 sec. 1, § 23, § 28 paragraph 1 Z 2, 3 and 4, as well as § 32 in the version of the Federal Law BGBl. I n ° 30/2004 shall enter into force on 1 May 2004. '

Article 2

Amendment of the Labour Code Act

The Labour Rare Act, BGBl. No 144/1983, as last amended by the Federal Law BGBl. I No 48/2003, shall be amended as follows:

1. In Section 1 (2) (2) (2), the words " the Postal and Telegraph Administration and the Austrian Federal Railways, from other main and secondary railways within the meaning of § 1 I Z 1 Eisenbahngesetz 1957, BGBl. No. 60, and " .

2. § 1 para. 2 Z 3 reads:

" 3.

Flying personnel of air carriers within the meaning of Section 101 of the Aviation Act, BGBl. No 253/1957, in so far as these undertakings are active in international transport and are subject to collective contractual arrangements for the weekly rest period in respect of the flying personnel employed in those undertakings ';

3. § 1 para. 2 Z 6 lit. e is:

" e)

the Maritime Law, BGBl. No 174/1981, insofar as these workers are subject to collective agreements in accordance with Article 4 of the Annex to Directive 1999 /63/EC; "

4. § 19 (1) reads:

" (1) For Workers

1.

in transport undertakings within the meaning of

a)

Law on the Law of Power (KfLG),

b)

Gelegenheitsverkehrsgesetz 1996, BGBl. 112,

c)

Railways Act 1957, BGBl. 60,

d)

Ropeway Act 2003, BGBl. I No 103,

e)

Shipping Law, BGBl. I No 62/1997,

f)

Maritime law,

2.

In sleeping, reclining and dining car undertakings in the context of the running operation of the railways,

3.

in companies according to the Aviation Act, BGBl. No 253/1957, or the airport ground-handling law, BGBl. I n ° 97/1998, as airport staff or as air security personnel,

by collective agreement, the weekly rest period and the rest period on public holidays may be regulated by way of derogation from § § 3, 4 and 7, insofar as these employees are not excluded from the scope of application in accordance with § 1 (2) (2) (2). "

5. In accordance with § 25 the following § 25a shall be inserted:

" Special provisions for shipping

§ 25a. (1) Service plans and time-of-work drawings as defined in § § 24 and 25 shall be applied to the crew on board the ships in the sense of the Maritime Law and the Maritime Law, respectively. , However, this does not apply to vehicles which only serve the Remork within the meaning of § 2 Z 30 of the Maritime Law in ports.

(2) On board ships falling under the Maritime Law, the documents referred to in paragraph 1 shall also be affixed in the working languages and in English, respectively. , and shall comply with the standard models set out in Annexes I and II to Directive 1999 /95/EC. A copy of the work-time drawing, confirmed in writing by the employer and by the employee, shall be handed out to the employee. "

6. In § 27 (1) the quote shall be "24 and 25" by quoting "24 to 25a" replaced.

7. In accordance with § 32a the following § 32b is inserted:

" Reference to Directives

§ 32b. The following directives of the European Union are implemented by this federal law:

1.

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. 18), as amended by Directive 2000 /34/EC of the European Parliament and of the Council amending Council Directive 93 /104/EC on certain aspects of the organisation of working time in respect of sectors and Areas of activity excluded from the scope of this Directive of 22 June 2000 (OJ L 327, 22.9.2000, p. No. OJ L 195, 01.08.2000, p.

2.

Council Directive 97 /81/EC of 15 December 1997 on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 378, 27.12.1997, p. No. OJ L 14, 20.01.1998 p. 9);

3.

Council Directive 1999 /63/EC of 21 June 1999 on the one of the European Community Shipowners 'Association (ECSA) and the Federation of Transport Workers' Uniforms in the European Union (Federation of European Communities Transport Workers ' Unions in the European Union FST) reached agreement on the regulation of the working time of seafarers in 2000 (OJ L 327, 28.2.2000, p. No. OJ L 167 of 02.07.1999 p. 33);

4.

Directive 1999 /95/EC of the European Parliament and of the Council on the enforcement of the working time regime for seafarers on board ships calling at Community ports of 13 December 1999 (OJ L 327, 30.12.1999, p. No. OJ No L 14, 20.01.2000 p. 29).

8. In accordance with § 33 (1h), the following paragraph 1i is inserted:

" (1i) § 1 para. 2 Z 2, 3 and 6 lit. e, § 19 para. 1, § 25a as well as § 32b in the version of the Federal Law BGBl. I n ° 30/2004 shall enter into force on 1 May 2004. '

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