Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Austria (Ratification: 1953)

Articles 1 and 2 of the Convention. Application of the Convention’s principle beyond the enterprise level. The Committee notes the Government’s statement that remuneration was primarily being fixed by sectoral collective agreements, which, under the equal treatment legislation, are required to respect the principle of equal remuneration for work of equal value when evaluating jobs. However, the Government is unaware of any collective agreement that explicitly addresses the issues of equal remuneration for men and women, and during the reporting period there was no case in which the Equal Treatment Commission found that the system for establishing remuneration contained in a collective agreement was contrary to the requirements of the Equal Treatment Act. The Committee asks the Government to indicate whether any efforts have been made to examine existing collective agreements from a gender perspective in order to identify instances of undervaluation of jobs and occupations predominantly carried out by women, as compared to those predominantly carried out by men. Please also continue to indicate whether there are any cases involving legal challenges to collective agreements in terms of equal remuneration for men and women for work of equal value.

With regard to remuneration beyond the level provided for in the collective agreement, the Government considers that reference to the enterprise for purposes of comparison is appropriate, given that comparisons with employees of other enterprises appear to be difficult due to the structural differences between enterprises and given that enterprises have no obligation to disclose their wage practices. However, the Government indicates that where no comparable worker is currently employed in an enterprise, a hypothetical comparison is possible with the remuneration received by an employee of the opposite sex in the past. While noting the Government’s explanations, the Committee maintains that the Convention does not limit the application of the principle of equal remuneration to the same enterprise. The Committee considers that the mere fact that there is no real or hypothetical comparator available within the enterprise should not relieve the employer from the obligation to determine levels of remuneration free from discrimination based on sex. The Committee thus considers that the legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, particularly in cases where enterprises predominantly employ women, and wage levels are manifestly below those usually practised by enterprises in a comparable situation. The Committee asks the Government to indicate how men and women are protected from discrimination in respect of remuneration beyond the level provided for in collective agreements and in the absence of collective agreements, if no real or hypothetical comparator is available within the enterprise.

Application of the Convention in the public service. The Government indicates that differentials in the earnings of men and women in the federal public service can be attributed to differences in working hours, qualifications and the numbers of men and women in the different levels of the wage scales. The average levels of remuneration within the various occupational groups is not expected to rise due to the continued increase in the admission of women to the public service at the career entrance level, despite the increasing number of women in management positions. With regard to the provincial civil services, the Committee notes that the Vienna Equality of Treatment Act provides that in case of breach of the principle of equal remuneration between men and women for work of equal value, a public employee is entitled to payment of the pay difference plus interest and compensation (section 11). The Committee asks the Government to provide information on the practical application of section 11 of the Vienna Equal Treatment Act, and to indicate whether similar provisions exist in other provincial equal treatment legislation for the public service. The Committee also asks the Government to provide information on any measures taken to promote and ensure equal opportunities of women as regards career advancement in the federal civil service.

Articles 2(2) and 4. Minimum wage and cooperation with employers’ and workers’ organizations. Recalling that establishing minimum wages is one of the means of promoting equal remuneration between men and women envisaged by the Convention, the Committee welcomes that on 2 July 2007 the Austrian Trade Union Federation and the Austrian Chamber of the Economy concluded a framework agreement providing for the fixing of a minimum wage of €1,000 in the various sectoral agreements. According to the Government’s report, the agreement has been implemented with respect to almost all sectoral agreements by 2009. The Committee asks the Government to provide information on the impact of the minimum wage on the earning levels of men and women, and the closing of the remuneration gap between men and women.

Practical measures to promote equal remuneration for work of equal value. The Committee notes that a project under the Federal Ministry for Women’s Affairs has established a set of 20 indicators for monitoring earnings differentials between men and women. A report entitled “Gender-specific income disparities: Monitoring indicators” and a follow-up study thereto were published in 2008 and 2009, respectively. Training for equal pay experts continued. Further, the Committee notes that tripartite consultations are ongoing on a National Action Plan for Equality which is expected to include measures to promote equal remuneration. The Committee asks the Government to continue to provide information on the various practical measures taken to eliminate the remuneration gap between men and women, including information on any measures taken under the National Action Plan for Equality, particularly with regard to eliminating pay discrimination against women upon entry in employment. The Committee also asks the Government to provide updated information on the measures taken to promote the design and use of objective job evaluation methods.

Enforcement of the legislation. The Committee notes from the Government’s report that in the period 2007–08, Senate I of the Equal Treatment Commission received 17 submissions regarding unequal remuneration. Out of these submissions, eight were still pending and six were withdrawn. In two cases, the Commission found discrimination; in one other case it found that there was no discrimination. The Committee asks the Government to continue to provide information on the cases regarding equal remuneration for men and women for work of equal value addressed by the Equal Treatment Commission and the courts, including indications as to the Government’s analysis of these cases.