Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s report. It further notes the observations of the Federal Chamber of Labour.

The Committee recalls that its previous comments concerned section 122 of the Labour Constitution Act (legal grounds for dismissal of workers’ representatives without prior approval of the courts in cases of 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 either consultation with, or an advisory opinion from, or the agreement of an independent body, public or private, or a joint body, before the dismissal of a workers’ representative becomes final.

In this respect, the Committee notes the observation of the Federal Chamber of Labour, which is of the opinion that the suggestion of the Committee of Experts to amend section 122 should be considered as a basis for discussion. The Committee also notes that according to the Government, since its last comments, there have been no legislative changes in this regard. The Committee further notes the Government’s indication that the Federal Ministry of Industry and Labour has not been notified of any case of judicial proceedings relating to abuse by an employer of section 122.

The Committee requests the Government to keep it informed of any developments in this respect.