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

Workers' Representatives Convention, 1971 (No. 135) - Austria (Ratification: 1973)

The Committee notes the information in the Government's report.

1. Referring to section 122 of the Collective Labour Relations Act of 14 December 1973 (legal grounds for dismissal of workers' representatives without prior approval of the courts in cases of assaults on or grave insults against the employer), the Committee had noted that although this provision was not in violation of the Convention, it however might give rise to abuse by the employer in order to interfere with the functioning of the works council. It had therefore suggested that the Government might envisage taking into consideration Paragraph 6 of the Workers' Representatives Recommendation, 1971 (No. 143), which includes in the measures to ensure effective protection of workers' representatives a requirement of consultation with an advisory opinion from or agreement of an independent body, public or private, or a joint body, before the dismissal of a workers' representative becomes final.

The Committee notes the Government's statement that in the course of future negotiations concerning the amendments to the law, the Federal Chamber of Labour will at any time be able to introduce the above-mentioned proposal.

2. The Committee had also raised the fact that, according to section 117 of the Act, one member of the works council shall be released from his work with full pay only in establishments with more than 150 workers. In this respect, the Government points out that pursuant to section 116 of the Act, workers' representatives in enterprises with fewer than 150 employees are legally entitled to be granted the necessary free time to perform their duties. The Government further mentions certain other facilities granted workers' representatives under the legislation. The Committee notes this information.