Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Austria (Ratification: 1951)

The Committee notes the report of the Government and the observations made by the Austrian Congress of Chambers of Workers.

The Committee observes that, with respect to the burden of proof applicable in appeals against anti-union motivated dismissals, both the Government and the Austrian Congress of Chambers of Workers agree that section 105(5) of the Collective Labour Relations Act of 1973, in fact, imposes on employers the obligation to prove in such cases that the dismissal of an employee had nothing to do with his trade union activities.

As regards the protection against unlawful dismissals (in particular for trade union activities) afforded to workers in enterprises with fewer than five employees, the Committee has underlined for several years that these employees have no protection against acts of anti-union discrimination by employers since section 105 of the Collective Labour Relations Act of 1973 - which protects workers by providing a list of grounds of dismissal that may be challenged - does not apply to small undertakings. The Committee notes with regret that the opposition of employers during bargaining talks between the social partners prevented an amendment to the Act, which would have extended that protection to these workers. However, the Committee notes with interest that the Federal Ministry for Employment and Social Affairs will persevere in its endeavour to obtain better protection for these workers against discrimination based on trade union activities.

The Committee therefore requests the Government to indicate in its next report the measures taken to ensure that workers in enterprises with fewer than five employees are protected against acts of anti-union discrimination, and to bring its legislation into conformity with the Convention, since this shortcoming has been the object of its comments for a number of years.