Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Austria (Ratification: 1973)

The Committee takes note of the Government's reports and the numerous documents annexed to it. The Committee thanks the Government for the information supplied which answers its previous direct request concerning means of redress for discriminatory dismissals for political opinion or religion.

1. Discrimination on the basis of sex. The Committee notes the detailed information provided by the Government, in particular in reply to the Committee's previous comments namely the five-yearly report on the development of equality in the country presented to the National Assembly; the biennial report of the central agencies on the status of equality of treatment and the promotion of women in the public service; the biennial report to the National Assembly on the elimination of discriminatory measures concerning women; the activities report for 1995 of the Legal Aid Service as regards equal treatment; and the 1995 activities report of the Commission for Equal Treatment. Since these reports were received just before the Committee's session and are in a language other than the working languages of the Office, the Committee has not been able to examine the substance of each of them, but notes in general that they relate the progress in women's access to public sector employment and improved terms and conditions of work. In particular, it notes the statistics given on the increased number of women in higher public service posts; on the other hand, the data on women's vocational and university training, are not as encouraging: to cite but one example, as regards higher teaching staff, at the level of two types of university professor, 3.4 per cent to 6.2 per cent are women whereas 96.6 per cent to 93.8 per cent are men. It asks the Government to transmit with its next report a copy of the 1996 report of the Commission for Equal Treatment, which is to discuss apprenticeships.

2. The Committee recalls that, in its previous comments, it requested the Government to supply details on how the Equality of Treatment Act was fully implemented in agriculture or forestry sectors, which are under the jurisdiction of the Länder. It notes with interest that, apart from Burgenland, all the Länder have adopted in their own laws as rigorous provisions as the federal Equality of Treatment Act regarding discrimination on the basis of sex. In reality, this means that they have regulations introducing administrative fines for instances of sex-based discrimination in job offers for workers in agriculture and forestry.

3. Regarding the adoption of texts relating to the application of the Convention, the Committee notes that one of the amendments to the Act on Collective Labour Relations, adopted since the previous government report, aims at, inter alia, ensuring the adequate representation of women workers when nominations are made for the Austrian members of the Special Bargaining Committee (a body created by European Directive 94/45/CE of 22 September 1994 to set up a European Enterprise Committee for those enterprises having Community coverage). This Committee is responsible for determining, in writing, with the central board of the enterprise the scope, composition, functions and length of mandate of the European works committees, or the arrangements for putting in place a procedure for consulting and informing their employees. It notes with interest the draft amendments to the Equality of Treatment Act, in particular, those concerning regionalization of the system of legal aid offices for equal treatment; reimbursement of certain expenses for persons who appear before the Commission for Equal Treatment; the inclusion of provisions according to which sexual harassment would be committed by third parties (colleagues or clients) even if the employer had not failed in its obligations; and provisions lifting time-limits for lodging complaints of violation of equal treatment. The Committee asks the Government in its next report to inform it of the adoption of these various legislative drafts, and to provide a copy of the amendments once adopted.

4. In reply to the statement of the Federal Chamber of Labour that the level of damages compensation for injury resulting from a violation of the principle of equal treatment in employment under the Equality of Treatment Act, is insufficient and that the proposal to reverse the burden of proof was not accepted, the Government states that, in addition to other minor draft amendments to that Act, described above, the social partners and the Government have agreed to begin discussions on a "major" revision of the Act. This revision would amend the provisions relating to the burden of proof and the amount of fines for violation of the Act. However, this revision will not be able to be started until the European Union adopts a firm position on the question. The Government points out that a draft directive on the burden of proof in cases of sex discrimination is currently being debated within that body. The Committee asks the Government to inform it in its next report of any developments concerning this point.

5. Regarding the measures to eliminate occupational segregation on the basis of sex, the Committee notes the information, including the statistics, supplied by the Government on the numerous activities of the Labour Market Service in favour of promoting equal opportunity and treatment for women. They include: the creation of a special information programme for girls aimed at impressing upon them the need to make a good choice of employment and vocational training and to assist and advise them; special measures to improve employment opportunities for women with children; the financing (100 million shillings annually) of the 1996 national campaign, continued in 1997, to encourage women who wish to re-enter the labour market; financial incentives (benefits, responsibility for part of the remuneration) with a view to assisting the integration or reintegration in the labour market of certain groups of workers, most of whom are women (persons with disabilities, belonging to certain age groups or returning after maternity leave); the increase in the number of counselling centres for girls and women; and the efforts of the Labour Market Service to ensure that, in accordance with the Equality of Treatment Act, job offers do not specify that the candidate be of a particular sex. The Committee encourages the Government to continue to supply information on the activities of the Labour Market Service in promoting equal opportunity and treatment between men and women and would like to receive details of the results obtained with regard to occupational segregation in the labour market.