Country profile AUT
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1998-11-13 | C182 | Austrian Criminal Code - Sections 207; 207a; 207b; 215a.(1); 214.(1) | [{"link_name":"Austrian Criminal Code","source_link":"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The Austrian Criminal Code prohibits the use, procuring or offering of children for illicit activities through the following clauses: 207; 207a; 207b; 215a.(1); 214.(1) |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1998-11-13 | C182 | Austrian Criminal Code - Section 214.(1) and Section 215a.(1) | [{"link_name":"Austrian Criminal Code","source_link":"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | According to Section 214.(1) of the Austrian Criminal Code anyone who causes a minor to get closer to another person in order to carry out a sexual act in order to gain a financial advantage for himself or another person is to be punished with a prison sentence of six months to five years. Section 215a.(1) of the Austrian Criminal Code further states that " Anyone who recruits a minor, even if they are already engaged in prostitution, to engage in prostitution or to participate in a pornographic performance, or who offers or arranges it for another person for such a purpose, is liable to a prison sentence of six months to five years. Anyone who exploits a minor who engages in prostitution or takes part in a pornographic performance in order to gain a financial advantage for themselves or someone else must also be punished. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2001-01-01 | C182 | Military Service Act - Article 9 | [{"link_name":"Military Service Act","source_link":"https://www.jusline.at/gesetz/wg"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 9 of the Military Service Act specifies that (1) Only Austrian citizens who have reached the age of 18 and who possess the necessary physical and mental fitness for possible employment as soldiers in the Federal Army may be admitted as soldiers. and (2) Persons who have reached the age of 17 and who otherwise fulfil the admission requirements under paragraph 1 may be admitted early as soldiers into the Federal Army on the basis of voluntary registration. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1998-11-13 | C182 | Austrian Criminal Code - Section 104a, Section 206 and Section 207b | [{"link_name":"Austrian Criminal Code","source_link":"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 104a (Human Trafficking) of the Austrian Criminal Code criminalizes the trafficking of persons, including children, for various forms of exploitation. Section 206 (Sexual Abuse of Underage Persons) criminalizes sexual exploitation of minors. Section 207b (Exploitation of Minors in Prostitution) specifically criminalizes sexual exploitation of children in prostitution. |
| List of hazardous activities prohibited for children | 1998 | C138 & C182 | Ordinance of the Federal Minister of Labour, Health and Social Affairs, the Federal Minister of Economic Affairs and the Federal Minister of Science and Transport on employment bans and restrictions for young people (KJBG-VO) | [{"link_name":"KJBG-VO","source_link":"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10009096"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Federal Act on the Employment of Children and Adolescents (Kinder- und Jugendlichen-Beschäftigungsverordnung, KJBG-VO) provides a detailed list of activities that are either absolutely prohibited for young persons (under 18) or are only allowed under certain conditions (generally a higher minimum age that the usual minimum age for admissin to work) |
| Minimum age for hazardous work | 1997-12-11 | C138 & C182 | Federal Act on the Employment of Children and Adolescents - Section 1 | [{"link_name":"Federal Act on the Employment of Children and Adolescents","source_link":"https://www.arbeitsinspektion.gv.at/Personengruppen/Kinder_und_Jugendliche/Kommentiertes_KJBG.html#heading_Abschnitt_2"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to the first Section of the Federal Act on the Employment of Children and Adolescents 1. (1), this law applies to the employment of persons who are still are not 18 years old, 1. in vocational training, 2. as an employee or home worker, 3. with other services that are similar to the work performed by employees or home workers, 4. in a training relationship similar to vocational training. The Federal Act on the Employment of Children and Adolescents (Kinder- und Jugendlichen-Beschäftigungsverordnung, KJBG-VO) provides a detailed list of activities that are either absolutely prohibited for young persons (under 18) or are only allowed under certain conditions (generally a higher minimum age that the usual minimum age for admissin to work). |
| Minimum age for admission to apprenticeship | 1998-01-23 | C138 | Federal Vocational Training Act - Sections 1, 2, 7, 9 and 12 | [{"link_name":"Federal Vocational Training Act","source_link":"https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10006276"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Federal Act of 26 March 1969 on the vocational training of apprentices Section 1. Apprentices within the meaning of this Federal Law are persons who, on the basis of an apprenticeship contract (Section 12), are trained by an authorized instructor (Section 2) to learn an apprenticeship listed in the list of apprenticeships (Section 7) and who are employed within the framework of this training (Section 9). The Vocational Training Act is silent on the minimum age for admission to apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1985 ; 1987 | C138 | Federal Act on the Employment of Children and Adolescents - Part 1. 2. (1) ; Compulsory School Attendance Act 1985, version of 08.06.2024 - articles 2(1) and 3 | [{"link_name":"-Federal Act on the Employment of Children and Adolescents","source_link":"https://www.arbeitsinspektion.gv.at/Personengruppen/Kinder_und_Jugendliche/Kommentiertes_KJBG.html#heading_Abschnitt_2"},{"link_name":"-Compulsory School Attendance Act 1985","source_link":"https://www.jusline.at/gesetz/schpflg/gesamt"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to the Federal Act on the Employment of Children and Adolescents 1987 Part 1. 2. (1) "Children within the meaning of this federal law are minors until the age of 15 or until the later end of compulsory schooling" According to the Compulsory school attendance act, Articles 2(1) and 3, compulsory schooling begins on 1 September following the completion of the sixth year of life and lasts 9 years, bringing the age of completion of compulsory schooling to 15 years, in line with the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | 1987 | C138 | Federal Act on the Employment of Children and Adolescents - Section 2. § 5a. | [{"link_name":"Federal Act on the Employment of Children and Adolescents","source_link":"https://www.arbeitsinspektion.gv.at/Personengruppen/Kinder_und_Jugendliche/Kommentiertes_KJBG.html#heading_Abschnitt_2"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the Federal Act on the Employment of Children and Adolescents 1987 Section 2. § 5a. specifies what activities are permitted for children who have reached the age of 13, and the hours and the circumstances under which they may be carried out. |
| Minimum age for light work | 1987 | C138 | Federal Act on the Employment of Children and Adolescents - Section 2. § 5a.(1) | [{"link_name":"Federal Act on the Employment of Children and Adolescents","source_link":"https://www.arbeitsinspektion.gv.at/Personengruppen/Kinder_und_Jugendliche/Kommentiertes_KJBG.html#heading_Abschnitt_2"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to the Federal Act on the Employment of Children and Adolescents 1987 Section 2. § 5a.(1) " Children who have reached the age of 13 may be employed outside of the hours scheduled for school attendance". |
| Minimum age for admission to work | 1987 | C138 | Federal Act on the Employment of Children and Adolescents - Paragraph 1.2.(1), Paragraph 2. 4(1), Paragraph 5 | [{"link_name":"Federal Act on the Employment of Children and Adolescents","source_link":"https://www.arbeitsinspektion.gv.at/Personengruppen/Kinder_und_Jugendliche/Kommentiertes_KJBG.html#heading_Abschnitt_2"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to the Federal Act on the Employment of Children and Adolescents 1987 § 1. 2.(1) "Children within the meaning of this Federal Law are minors until the age of 15 or until the later end of compulsory schooling." § 2. 4(1) "Child labour within the meaning of this Federal Act is the employment of children in any kind of work." and § 5. Children shall not be required to perform any kind of work, unless otherwise provided in this Federal Law. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 04-DEC-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 18-SEP-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The Austrian Youth Strategy (Österreichische Jugendstrategie) is an ongoing process that aims to strengthen and develop youth policy across Austria. It aims to identify new fields of action, promote cooperation and implement concrete measures to support young people. Rooted in the government programme 2020-2024 | [{"link_name":"Austrian Youth Strategy","source_link":"https://www.bundeskanzleramt.gv.at/en/agenda/youth/austrian-youth-strategy/youth-strategy-coordination.html"}] | 2020-2024 | Austrian Youth Strategy | The National Youth Council, The Center of Competence for Open Youth Work in Austria, The Austrian Youth Information Centers, The National Correspondent to the European Research Network, The National Agency Erasmus and Youth in Action and Employees of the Youth Policy Department and the Youth Competence Center in the Federal Chancellery |