Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Austria (Ratification: 1951)

Articles 4, 12 and 14 of the Convention. Wage payment in kind. Payment at regular intervals. Wage statements. Further to its previous comment concerning pay intervals and pay slips, the Committee notes the explanations provided by the Government, including the relevant extracts of selective collective agreements. It also notes the comments of the Federal Chamber of Labour, according to which the failure to issue wage statements frequently gives rise to problems of proof in judicial proceedings concerning outstanding pay and it would therefore be necessary to bring legislation up to date on this point. The Federal Chamber of Labour also calls for a statutory rule extending the prohibition of partial payment of wages in kind to branches of activity other than those covered by the Trade Act and the Employees Act so as to avoid legal uncertainties and inconsistencies in actual practice. Finally, the Federal Chamber of Labour refers to an accumulation of pay arrears and the fact that the vast majority of the legal proceedings in which it is involved concern wages that employers have withheld or have failed to pay on time and in full. The Committee requests the Government to indicate whether and how it is ensured that detailed wage statements are issued at the time of each payment of wages for those workers who are not covered by collective agreements. The Committee also requests the Government to transmit any comments it may wish to make in reply to the observations of the Federal Chamber of Labour.