Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee has taken note of the Government's report.

Referring to its earlier comments concerning the need to adopt legislative measures for the protection against unlawful dismissals (in particular for trade union activities) of workers in enterprises with fewer than five employees, the Committee notes with interest the Government's statement that the extension to these workers of the general protection against dismissal has been for some time one of the major objectives of social policy in Austria, and that the Ministry of Labour and Social Affairs will endeavour to reach this goal, the attainment of which has been so far impossible due to the employers' opposition. The Government adds that it will reintroduce this question during negotiations with the social partners, but that the presentation of a bill on the subject seems useless for the time being since there is no majority in the National Council to ensure its adoption.

The Committee emphasises that the protection of workers against anti-union discrimination is an essential aspect of the Convention and reiterates that the continued opposition of one of the social partners should not prevent the Government from adopting measures to bring its legislation into conformity with the Convention.

The Committee invites the Government rapidly to initiate measures with a view to implementing its stated objective of extending to workers in enterprises with less than five employees the general protection against dismissals, including for union activities. It requests once again the Government to indicate in its next report the measures so taken or the developments on this issue.