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

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A government representative noted that Austria had always presented detailed reports on the application of the Convention. He said that his Government was prepared to continue the dialogue on the application of this Convention. He referred to the broad definition of remuneration in Austrian legislation, where it covers all benefits received by a worker, including voluntary social benefits such as additional occupational pensions. The new Equality of Treatment Committee had had 20 plenary meetings since 1979 and six Working Committee meetings: of 14 submissions, 3 had been dealt with by the Committee, 9 had been withdrawn because of elimination of the discrimination, one case had been resolved when the matter was cleared up between the employers and workers, and one case was still under consideration. At the level of the Länder only one case had been dealt with.

A copy of the collective agreement referred to by the Committee of Experts under point 2 of its observation, concerning agricultural workers, would be communicated to the Office shortly. A report was soon to be published on the elimination of differentials provisions for men and women in collective agreements and would also be forwarded to the Office. The Equality of Treatment Committee would deal in detail with the deletion of persisting discriminatory provisions as in collective agreements.

On the third point of the Committee of Experts' observation-the delicate question of equal remuneration for work of equal value-it was true that there were branches of activity in Austria employing mainly women, where wages were lower than in other branches; however, there was no indication that this was because the work was done by women. In the fixing of wages in collective agreements, several factors other than job evaluations-such as the economic situation, the competitive situation, productivity and labour market conditions in the branch concerned-were of importance. As regards the introduction of an objective job appraisal in collective bargaining, this requirement was very difficult to meet. In a system where the State does not fix wage scales, but where they were rather fixed in collective bargaining, it was debatable whether it was at all possible to lay down scientific criteria; and it was doubtful whether such a system of objective job appraisal would lead to more appropriate results than would the collective agreements themselves. ILO studies had shown how difficult objective job appraisal was. At present no acknowledged method for fixing objective criteria which could serve as a basis for an abstract and general rule exists. But this fact would not exclude continuation of endeavours in the Austrian Equality of Treatment Committee to find appropriate ways to bring into force the principle of equality of treatment in the sense of international standards with full consideration given to autonomous collective bargaining.

On the Committee of Experts' fourth point, there was no way to void collective agreements fixing different rates of remuneration on the basis of sex, as this would violate the freedom of collective bargaining. But the provisions of equality applied directly to both individual and collective agreements and had to be taken into account when drawing up a contract of employment or a collective agreement. Every female worker had the right to apply to the Equality of Treatment Committee or to a labour court in case of discrimination. When a decision was taken, any such provision contained in a collective agreement or individual contract of employment which had been ruled discriminatory would be void with respect to the female worker concerned. The employer concerned would certainly no longer apply such a provision of the collective agreement to the other female workers and would exert pressure upon his organisation to amend such a provision. A copy of a Supreme Court decision on this matter would be provided to the Office.

The Employers' members noted the information provided by the Government on the first two points of the Committee of Experts' observation requesting such information. The basic problem of equal remuneration for work of equal value was common to many countries; although traditional views were often still held, there had been movement away from discrimination. Earnings statistics were of doubtful utility in assessing the situation in this respect, since they did not take account of differences in training, functions, working hours and overtime between men and women: apparent differences between men's and women's remuneration could be attributed to these factors rather than to violations of the principle of the Convention. Employers accepted the principle, but it was difficult to implement. In 1986, the present Committee had discussed the Committee of Experts' general survey on this Convention and on that occasion the employers had also said there was no scientific way of evaluating jobs. The situation was no doubt improving, but it would always be a matter of judgment and a social problem which had not been solved anywhere. Where it was collective agreements which decided the question, there was a need for a change of attitudes among both workers and employers in order to be more aware of the principle of equal remuneration for work of equal value. Thus this was not just a legal question: legal decisions could resolve some disputes and misunderstandings, but there was also a need for practical contributions in concrete cases.

The Workers' members referred to Article 119 of the Treaty of Rome (establishing the EEC) concerning equal remuneration and the problems which had arisen for many years on this question; in theory, equal remuneration might be guaranteed, but in practice it was a very difficult thing to implement. First of all, the term "remuneration" covered all elements of payment including wage scales, paid holidays and other aspects of earnings from employment. Secondly, in order for the principle to be applied in practice, there must be supervision and provision for action in cases of violation. Thirdly, although in some cases there was no discrimination between men and women in job classifications, in practice women were always at the lower rungs of the ladder; in those cases, there should be objective appraisal by experts above and beyond those who negotiate the job classifications. Fourthly, it seemed that in practice some jobs were still reserved either for men or for women. Fifthly, access to the courts should always be available in the last resort as a remedy.

The Government representative again expressed his Government's willingness to continue reporting on developments and efforts made to bring about greater understanding of the principle of equal remuneration for work of equal value.

The Committee took note of the information provided by the Government representative. It hoped the Government would continue to keep under review the important aspects of implementation of the Convention referred to in the comments of the Committee of Experts concerning the elimination of discriminatory provisions in collective agreements and job evaluations. The Committee requested the Government to supply full information on the measures taken in this respect.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations made by the Federal Chamber of Labour (BAK) and the Austrian Federal Economic Chamber (WKÖ), which were attached to the Government’s report.

Article 2 of the Convention. Wage transparency. The Committee notes that according to section 9 of the Equal Pay Act, vacancy notices must indicate the minimum wage paid and the willingness to pay a higher rate. Section 11a provides that enterprises that regularly employ more than 150 persons must publish bi-annual reports on income distribution in their workforce, itemized by gender. It notes that both the BAK and the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) called for this threshold to be lowered (to 25, and 50 or more, employees respectively) (CEDAW/C/AUT/CO/9, 30 July 2019, paragraph 33(d)). The BAK also calls for further legislative and political interventions towards full income transparency in order to eradicate the gender pay gap, and refers to the regulatory developments within the European Union about pay transparency. The Committee also notes the Government’s mention of the salary calculator (an online tool available since 2011 and updated in 2022) and of the 2017 “Fairer Pay Project” aiming at raising awareness about fair remuneration and income transparency within businesses. The Committee asks the Government to provide information on: (i) the implementation of the obligations under sections 9 and 11a of the Equal Pay Act, including statistical data on the level of compliance with these requirements; (ii) sanctions imposed in cases of non-compliance; (iii) any actions taken to address gender pay gaps detected and the impact thereof; and (iv) any measures envisaged to lower the threshold (number of employees) under section 11a.

Articles 2 and 3. Objective job evaluation in the public sector. The Committee notes the statistical information provided by the Government, according to which: (1) in 2021, women represented 43 per cent of staff in the civil service but only 37.1 per cent of the highest salary levels (in 2015, these were 41.7 and 34.5 per cent respectively); and (2) in 2020, the gender pay gap in the federal civil service stood at 8.6 per cent (down from 12.8 per cent in 2015). The Government also provides information on initiatives taken in the provinces of Styria and Vienna. The Committee asks the Government to provide information on any job evaluation undertaken and the outcome thereof. Recalling the lower average income of women in the public service due to the difference in working hours, qualifications and job levels, the Committee asks the Government to indicate any measures taken to address these causes with a view to reducing the gender pay gap in the public sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the BAK’s observations that despite the high incidence of collective agreements in Austria, they do not suffice to ensure equality of remuneration. It also notes that, although there are regular contacts between the social partners and government officials, no procedure has been set up to ensure that there are regular meetings specifically concerning issues of discrimination or equal treatment (European Commission, European network of legal experts in gender equality and non-discrimination, Country Report Austria on non-discrimination, 2022, page 71). It notes, however, that the above-mentioned “Fairer Pay Project” is a joint initiative of the Federal Department for Women and Equality, the social partners and the Ombud for Equal Treatment. The Committee requests the Government to provide information on the measures taken in cooperation with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the BAK’s observations that, only in very few instances, cases are filed on the issue of pay discrimination. The Government indicates that, for the period from 1 January 2018 to 31 December 2021, 38 applications were made to the Equal Treatment Commission concerning pay discrimination based on sex. The Government does not indicate, however, how many of these were examined and the results thereof. The Government also refers to decisions on the issue rendered by the Supreme Court since 2018. The Committee also notes the CEDAW recommendations to effectively enforce the principle of equal pay for work of equal value by regularly reviewing wages in all sectors, conducting regular labour inspections, applying gender-sensitive analytical job classification and evaluation methods and conducting regular pay surveys (CEDAW/C/AUT/CO/9, paragraph 33(a)). The Committee asks the Government to provide information on (i) any measures taken or envisaged to strengthen enforcement of the principle of equal remuneration for men and women for work of equal value; and (ii) any relevant cases regarding this principle addressed by the Equal Pay Commission and the courts, including information on their outcome.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations made by the Federal Chamber of Labour (BAK) and the Austrian Federal Economic Chamber (WKÖ), which were attached to the Government’s report.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication, in its report, that the gender pay gap has been decreasing continuously for the last ten years but that it remains very high compared to the rest of the European Union (EU) members (second highest, at 18.8 per cent in 2021 (EU average was 12.7 per cent) according to Eurostat). According to a report from the European Commission, this results from a mix of root causes such as gaps in childcare facilities and adequate day care for school children, a very unequal distribution of paid and unpaid work between women and men, and a high rate of part-time work among female workers. Statistics Austria Office notes that 49.6 per cent of them were working part-time in 2021, compared to 11.6 per cent for men (EU averages were 29.5 and 9.3 per cent respectively), and when looking more specifically at active part-time rates of persons between 25 and 49 years with children under 15, the figures strikingly stand at 72.8 per cent for women and 6.8 per cent for men. The Committee also notes the observations made by the BAK as well as the European Commission and the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) regarding the impact of this pay gap on women’s pension benefits (the gender pension gap standing at over 40 per cent) (European Commission, European network of legal experts in gender equality and non-discrimination, Country Report Austria on gender equality, 2022, pages 10, 22 and 44; and CEDAW/C/AUT/CO/9, 30 July 2019, paragraphs 32(a) and 37). The Committee notes that the Government refers to various measures adopted to reduce the structural factors contributing to the large gender pay gap, such as training courses to promote the access of women to non-traditional occupations as well as initiatives to inspire more girls to take science, technology, engineering and mathematics (STEM) subjects; special assistance for those returning to work after a career break for family reasons; and women’s career centres to offer individual advice. It also provides examples of measures adopted in the provinces in this regard. In light of the significant gender pay gap in the country, the Committee wishes to stress that, it is important to deal with the persistent underlying causes of pay inequality that still need to be addressed in the country, in addition to the ones already identified above. A comprehensive approach to the reduction and elimination of pay disparity between men and women involving societal, political, cultural and labour market interventions is required. In that regard, the Committee observes that the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between women and men through pay transparency and enforcement mechanisms (“EU Pay Transparency Directive”) entered into force on 6 June 2023, and that EU Member States must implement it within three years. In view of the remaining significant gender pay gap, the Committee requests the Government: (i) to step up the measures taken to further reduce the gap (in this regard, it refers the Government to the range of proactive measures taken by member States to implement the Convention and described in its 2012 General Survey on Fundamental Conventions, paragraphs 720-730); and (ii) to provide information on those measures and the results achieved. Please provide information on the transposition of the EU Directive on Pay Transparency into the national legal framework and its implementation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Federal Chamber of Labour (BAK), which were attached to the Government’s report.

Article 2 of the Convention. Wage transparency. With regard to the implementation of the obligation under section 9 of the Equal Pay Act providing for vacancy notices indicating the minimum wage paid, the Committee notes the Government’s indication in its report that, following the amendment of the Equal Pay Act, which came into force on 1 August 2013, penal sanctions are now imposed in the case of employment contracts in sectors of the economy in which no minimum wage is stipulated by collective agreement, statute or any other statutory collective provision. The Committee further notes that the provincial authorities of Upper Austria, Styria, Tyrol, Burgenland and Lower Austria have equally amended their laws to incorporate the obligation of including the minimum wage in vacancy notices. The Committee also notes that, according to the BAK, an evaluation of the implementation of the obligation to provide income reports and to include minimum wage in vacancy notices was being conducted by the Federal Ministry for Training and Women in cooperation with the social partners. Concerning the implementation of the obligation for enterprises under section 11 of the Equal Pay Act to carry out reports on the average annual income of their women and men workers, the Government indicates that since 2014 the obligation to produce income reports has been extended to all enterprises with at least 150 employees. The Government, however, indicates that it is not possible to provide statistical information in this regard, as enterprises which are required to provide income reports are only under a conditional obligation to publish them. The Committee asks the Government to provide information, including the results of the evaluation undertaken by the Federal Ministry, on the implementation of the obligation under section 9 of the Equal Pay Act to specify in vacancy notices the minimum wage paid, including statistical data on the level of compliance with this statutory requirement. It also requests information on sanctions imposed in cases of non-compliance, and any actions taken to address gender pay gaps detected, and the impact thereof.

Articles 2 and 3. Objective job evaluation in the public sector. In its previous comments, the Committee asked the Government to provide information on how it is ensured that the criteria applied for the evaluation of jobs are free from gender bias, in particular in positions in which women predominate. The Committee notes the Government’s indication that the evaluation of jobs in the Federal Public Service are gender neutral since the criteria applied, such as knowledge, thinking ability and responsibility, are free from gender bias. The Committee asks the Government to provide information on any job evaluation which was undertaken, and the outcome thereof. Recalling the lower average income of women in the public service due to the difference in working hours, qualifications and job levels, the Committee asks the Government to indicate any measures taken to address these causes with a view to reducing the gender pay gap in the public sector.

Articles 2(2)(c) and 4. Minimum wage and cooperation with employers’ and workers’ organizations. Noting that the Government does not provide information on the impact of the fixing of a minimum wage in a range of sectoral agreements on the remuneration of women and men and on the narrowing of gender wage differentials, the Committee once again asks the Government to provide information in this respect.

Article 4. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee asked the Government to provide information on the pilot projects adopted by the Government, together with the social partners, to abolish gender stereotypes in job evaluation and to eliminate gender discriminatory provisions in collective agreements. It also asked the Government to provide information on any action taken to promote the principle of the Convention through collective bargaining and on the impact of the manual adopted by the social partners on gender mainstreaming in collective bargaining. The Committee notes that the Government refers to examples of collective agreements in several industries, as well as in private educational institutions and social services, which provide for improved special leave arrangements. Nevertheless, the Committee notes that, according to the observations made by the BAK, these arrangements are often only valid from a certain date and/or special leave is only taken into account for a certain maximum period, which may result in direct discrimination against women, since parental leave is still predominantly claimed by women. The BAK further indicates that the Government continues the implementation of the joint initiative with the social partners to examine all collective agreements for hidden discrimination. The Committee requests the Government to continue to provide information on the measures taken in cooperation with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on the results of the joint initiative with the social partners to examine all collective agreements for hidden discrimination, and on its impact on gender mainstreaming in collective bargaining.

Enforcement. With regard to the court decisions and the activities of the labour inspectorate concerning the principle of equal pay for work of equal value, the Committee notes that the Government indicates that between 1 January and 31 December 2014, 30 complaints were received by the Equal Pay Commission, seven of which were handled. Discrimination was found to have occurred in three of the latter cases. The Government also indicates that some cases have been referred to the Supreme Court and to the Higher Regional Court of Vienna, no complaints were received in Upper Austria, and one complaint was submitted before the Equal Pay Commission in Lower Austria in relation to the principle of equal pay for work of equal value. The Committee further notes the Government’s indication that the labour inspectorate is not responsible for monitoring compliance with salary and wage payment. The Committee asks the Government to continue to provide information on any relevant cases regarding equal remuneration for men and women for work of equal value addressed by the Equal Pay Commission and the courts, including information on the outcome of the equal pay cases pending in the Supreme Court and the Higher Regional Courts.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Federal Chamber of Labour (BAK), which were attached to the Government’s report.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee asked the Government to provide information on the implementation of the “Gender Equality in the Labour Market” National Action Plan in narrowing the gender pay gap. The Committee notes that, according to Eurostat, even if the gender pay gap narrowed, it still remains significant and was as high as 23 per cent in 2013. The Committee notes the Government’s indication in its report that the government programme for 2013–14 provided for the continuation of the implementation of the “Gender Equality in the Labour Market” National Action Plan, which included measures concerning awareness raising on the advantages and disadvantages of full-time and part-time employment, income transparency, and the access of women to high-level jobs, with the aim of reducing the gender pay gap. In this regard, the Government refers to various measures adopted to reduce the structural factors contributing to the large gender pay gap, such as training courses to promote the access of women to non-traditional occupations; special assistance for those returning to work after a career break for family reasons; training courses to improve persons’ qualifications; women’s career centres to offer individual advice; the increase of childcare places, information campaigns to motivate men to take paternity leave, and the granting of a childcare subsidy in order to remove the obstacles to women working full time; as well as support for enterprises on promoting equality of opportunity for men and women. The Government also provides examples of measures adopted in the provinces in this regard. Furthermore, the Committee notes that, according to the 2015 report on the progress made in the implementation of the Council of Minister’s decision of 2011 to raise the federal quota for women’s participation to 25 per cent in the boards of enterprises in which the State has at least a 50 per cent share, women held 37 per cent of posts on the boards of 57 enterprises, 25 per cent or more in 44 enterprises, and 50 per cent or more in 24 enterprises in 2014. Only 13 enterprises were still below the 25 per cent target. While welcoming the measures taken by the Government, but considering the significant gender pay gap in 2013, the Committee requests the Government to continue to take measures to further reduce the gender pay gap, and to provide information on the results achieved and progress made. The Committee further requests the Government to provide up-to-date, comparable statistics on the remuneration of men and women, including sex-disaggregated data by industry and occupational category for the public and private sectors, so as to allow it to make an assessment of the evolution of the gender pay gap since 2013.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the observations of the Federal Chamber of Labour, which were attached to the Government’s report.

Cooperation with employers’ and workers’ organizations. The Committee notes that, according to the Federal Chamber of Labour, the Government, together with the social partners, is currently conducting pilot projects in the private and public sectors to abolish gender stereotypes in job evaluation and to eliminate gender discriminatory provisions in collective agreements. In this regard, the proposals include the assimilation of parental leave to a period of service. The Committee asks the Government to provide additional information on these pilot projects, in particular on their state of implementation and the progress achieved so far. It encourages the Government to continue its cooperation with the social partners with regard to the application of the principle of equal remuneration for men and women for work of equal value in collective agreements and asks the Government to provide information on any action taken to this end.

The Committee also notes that under the National Action Programme, adopted in June 2010, the social partners have committed to the drafting of a joint manual, targeting bargaining parties at every level of negotiation, which will lay down the definition of work of equal value, in light of the European Court of Justice’s rulings, whereby equivalent training, knowledge and skills, an equivalent degree of responsibility, equivalent exertion, strain or effort and comparable working conditions are to be taken into consideration. The Committee asks the Government to forward a copy of the joint manual once it is published and to provide information on its impact on gender mainstreaming in collective bargaining.

Practical measures to promote equal remuneration for work of equal value. The Committee notes the Government’s indication that in March 2011 the Council of Ministers decided to raise the federal quota for women’s participation to 25 per cent in the boards of enterprises in which the State has at least a 50 per cent share, by the end of 2013. In addition, in the Federal Province of Salzburg, pursuant to a resolution of May 2011, the rate of women in the boards of enterprises designated or appointed by the Federal Province of Salzburg must gradually increase to 25 per cent by the end of 2014, and to 35 per cent by the end of 2018. The Committee also notes that several awareness-raising campaigns and programmes have been implemented by the Government to promote the diversification of training opportunities for women (FiT Programme), to increase female employment (“Support for return to work” programme), and to promote better representation of women in senior positions. The Committee asks the Government to continue to provide information on the measures taken to promote gender equality and the impact of such measures on promoting the principle of the Convention. The Committee further asks the Government to indicate any measures taken to promote the development and use of objective job evaluation methods free from gender bias.

Application of the Convention in the public sector. According to the Government, the job classification applicable to salary scales in the federal public service guarantees that wage levels are gender neutral. The Government acknowledges, nevertheless, that the average income of women workers employed in the federal civil service is 16 per cent lower than that of men’s and reiterates that the causes of this gap can be attributed to differences in working hours, qualifications and job levels. The Committee asks the Government to provide information on how it is ensured that the criteria applied for the evaluation of jobs are free from gender bias, in particular in positions in which women predominate.

Furthermore, the Committee notes that, like the Vienna provincial authorities, several provinces (Burgenland, Carinthia, Salzburg, Styria and Tyrol) have adopted legislative provisions to ensure that, in case of breach of the principle of equal remuneration between men and women for work of equal value, discriminated civil employees are entitled to claim the payment of the difference and compensation for the injury suffered. The Committee asks the Government to provide information on any legislative developments granting similar rights to civil servants in other provinces and to supply data on any complaints filed under the existing provincial equal treatment provisions. It also asks the Government to continue to provide information on provincial initiatives and programmes to promote the principle of equal remuneration for men and women for work of equal value.

Minimum wage and cooperation with employers’ and workers’ organizations. The Committee reiterates its previous request to the Government to provide information on the impact of the fixing of a minimum wage, in a range of sectoral agreements, on the remuneration of women and men and on the narrowing of gender wage differentials.

Enforcement. The Committee notes the statistical data on complaints lodged before the Equal Treatment Commission from 2009 to 2011. The Committee notes that the Equal Treatment Commission reviews individual cases and issues opinions, which are not binding on the court, but the court must give reasons for any material divergences. It also notes the 2010 ruling of the Vienna Labour and Social Court which held that, despite their job classification, the female plaintiffs’ work should be considered of equal value to that of their male predecessor. The Committee asks the Government to continue to supply information on any relevant court decisions and on the activities of the labour inspectorate in the field of equal remuneration.

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

The Committee notes the observations of the Federal Chamber of Labour, which were attached to the Government’s report.

The gender wage gap. Further to its previous observation in which it noted with concern the wide gender wage gap (25.5 per cent in 2007), the Committee notes that, according to Eurostat data, the unadjusted gender wage gap remained at 25.5 per cent in 2010. Recalling that, in its previous report, the Government had indicated a range of causes of this large gender wage gap, the Committee notes with interest the adoption, in June 2010, of the “Gender Equality in the Labour Market” National Action Plan which addresses a number of these issues. Under the National Action Plan, an array of targeted measures will be progressively implemented, including, inter alia, further training programmes for educationally underprivileged women, career counselling and coaching for part-timers, women workers in low-paid sectors and women reintegrating into the labour market after a long career break, and an action programme to provide high-quality childcare support. The Committee asks the Government to provide information on the status of implementation of the National Action Plan and on the impact of such measures in narrowing the gender wage gap.

Wage transparency. The Committee notes that two key measures aimed at enhancing pay transparency in undertakings, have been introduced pursuant to the amendments to the Equal Treatment Act of 15 February 2011. Section 9 of this Act provides that vacancy announcements must contain information on the minimum wage applicable to the job position advertised and on the employer’s willingness to pay any additional emoluments, under penalty for non-compliance of a fine of up to €360. Under section 11 of the Act, companies with more than 1,000 employees must prepare and submit to their work councils or, in their absence, to their employees, a biennial wage report providing anonymous data on the average annual income of their women and men workers. The Committee also notes that companies employing 150 workers or more will be included in this measure gradually up until 2014 and that public services are subject to the same reporting obligation. The Committee further notes the Government’s indication that pursuant to an amendment to the Vienna Equal Treatment Act (Provincial Law Gazette for Vienna No. 16/2012), the executive municipal councillor for staff members shall present an annual report analysing the income earned by the permanent employees of the municipality of Vienna. Noting that the first wage reports were due on 31 July 2011, the Committee asks the Government to provide information on the implementation of the amendments to the Equal Treatment Act, including statistical data on the level of compliance with this statutory requirement, information on sanctions imposed in case of non-compliance, and any actions taken to address gender wage gaps revealed, and the impact thereof. The Committee also asks the Government to provide statistical information on the number of undertakings of 150 employees or less in the country and, if available, on the employment rate in these undertakings disaggregated by sex and by size of undertaking.

Furthermore, the Committee notes the “equal = fair” campaign launched by the Federal Minister of Labour, Social Affairs and Consumer Protection, with a view to raising awareness of the large gender income gap and to promoting wage transparency. It also notes that, with regard to the dissemination of information on sectoral and local wage levels applicable, a wage calculator was commissioned by the Government and has been available online since October 2011. The Committee asks the Government to provide information on the implementation of these measures and on their impact on the reduction of the gender wage gap.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

The Committee notes the Government’s report as well as the observations made with regard to the application of the Convention by the Federal Chamber of Labour, which were received with the Government’s report.

Assessment of the gender remuneration gap. The Committee notes that the gross annual income of women employed full time for 2007 was some 22 per cent lower than men’s. In the same year women’s gross hourly wage was 25.5 per cent lower than men’s, the second largest pay gap in the European Union. The gender remuneration gap in respect of gross annual income of employed workers (including part-time workers) was 40.1 per cent, practically unchanged since 1997. Similarly, wide gender remuneration gaps exist in respect of average hourly wages received by full-time and part-time workers. The Committee expresses concern that this very wide gender remuneration gap persists, despite the measures that have been taken so far to address it.

The Committee notes that according to the Government, the gender remuneration gap is primarily due to unequal remuneration offered to women upon entry into employment, unequal opportunities for promotion, and childcare responsibilities which have a limiting effect on women’s access to better paid positions. In addition, the Government regards the lack of information and of transparency in relation to remuneration levels as contributing to the persisting gender remuneration gap. In the Government’s view, the publication of workplace wage differentials would assist in closing this gap. According to the Federal Chamber of Labour, the income differentials between men and women cannot be explained by differences in working hours, levels of education, sectors or occupations, but rather by the existence of structural discrimination against women who receive lower pay for work of equal value. The Chamber also points to the need to improve wage transparency within and between companies.

The Committee notes that tripartite consultations are currently taking place on amendments to the Equal Treatment Act regarding wage transparency. Central aspects of the discussions are the possibility of requiring regular anonymous wage reports by enterprises of a certain size and the inclusion of pay information in vacancy announcements. The Committee firmly hopes that the ongoing consultations will be successfully concluded in the near future, and it asks the Government to provide information on the measures taken to strengthen the existing legislation to provide a basis for reinforced action to eliminate the gender remuneration gap, including through the publication of enterprise-based wage information.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Assessment of the gender remuneration gap. The Committee notes from the statistical information provided by the Government that the gender remuneration gap continues to persist despite the various measures taken by the Government and the social partners. As regards average gross hourly earnings, the gap amounted to 18 per cent in 2004 and 2005, while it remained stable at around 40 per cent as regards median annual earnings (full-time and part-time employees) for a number of years. The Committee asks the Government to continue to provide comparable statistical information on the earnings differentials between men and women. It also asks the Government to indicate any action taken to follow up on the proposal made by the Federal Chamber of Labour to establish a legal basis to allow for the compilation of monthly wage statistics disaggregated by sex.

2. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the information provided by the Government concerning the results of the development partnership KLARA! relating to equal remuneration for men and women for work of equal value, as well as the publication of an updated version of the guide “Equal remuneration for equal work and work of equal value”. The Committee asks the Government to provide information on the measures taken to follow up on these initiatives, in cooperation with social partners and other relevant stakeholders, in order to ensure that equal pay considerations become a permanent and systematic feature in the determination of remuneration in collective agreements and at the level of individual enterprises. Please indicate whether any evaluations have been undertaken on whether the recent initiatives have led to an increased use of objective job evaluation methods at the enterprise level or in the preparation of collective agreements and whether such use has contributed to reducing the gender pay gap.

3. The Committee further notes that among the gender equality measures under the Government’s programme for 2007–10 that are expected to contribute to the closing of the gender pay gap are, inter alia, the introduction of a minimum wage of 1,000 euros through collective bargaining and of additional pay for part-time workers doing overtime in order to compensate adequately for their high flexibility. The Committee asks the Government to provide information on the progress made in implementing these measures.

4. Application of the Convention’s principle beyond the enterprise level. The Committee recalls its general observation of 2006 in which it pointed out that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places and enterprises, or between different employers. In this regard, the Committee notes that the European Committee of Social Rights concluded in June 2007 that where wage comparisons are only possible between employees of the same employer, this is not in conformity with article 4(3) of the European Social Charter. Recalling the importance of allowing for a broader scope of comparison particularly where women are concentrated in certain occupations and areas of activities, the Committee asks the Government to provide information on the measures taken or envisaged to address this matter, e.g. by allowing for the use of a hypothetical comparator in an equal pay case where a male employee performing work of equal value is not available within the enterprise. The Committee also asks the Government to provide examples of workplace or collective agreements that specifically address equal pay issues and to indicate whether any efforts are being made in the context of collective bargaining to compare the remuneration for female-dominated and male-dominated occupations across different collective agreements.

5. Enforcement of the legislation. The Committee notes the information provided by the Government concerning the rulings of the Supreme Court in two cases concerning remuneration (OGH 9 ObA 90/04g of 1 December 2004 and OGH 8 ObA 139/04f of 13 March 2005). The Committee asks the Government to continue to provide information on court decisions on equal remuneration for men and women for work of equal value, as well as to provide information on relevant decisions of the Equal Treatment Commission. It asks the Government to state whether there have been any cases in which it has been found that a system for the determination of remuneration at the enterprise level or in a collective agreement was not in line with section 11 of the Equal Treatment Act (No. 66/2006).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 and 2 of the Convention. Legislative developments. The Committee notes that the new Equal Treatment Act (Federal Gazette No. 66/2004), as was the case in the previous legislation, requires the employer to abstain from direct or indirect discrimination based on sex in respect of remuneration and voluntarily granted social benefits. It also notes that section 11 of the Act maintains previous provisions concerning the principle of equal remuneration for the same work or work of equal value, providing that enterprise-level job grading systems, workplace agreements and collective agreements must respect this principle and cannot rely on criteria for the evaluation of men’s and women’s work that lead to discrimination. The Committee asks the Government to continue to provide information on judicial decisions concerning equal remuneration of men and women in the private and the public sectors, as well as information on the activities promoting and ensuring equal remuneration carried out by the Equal Treatment Commission, the Equal Treatment Ombudsperson, and the machinery set up under the Federal Equal Opportunities Commission.

2. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes that a development partnership ("KLARA!") dealing with equal remuneration for work of equal value has been established under the EQUAL initiative of the European Community. The objectives of this initiative include, inter alia, public awareness raising and capacity building on equal pay issues. Further, an assessment of the contribution of current equality policy measures to reduce the gender pay gap is being carried out. The Committee would appreciate receiving further information on the implementation and results of this initiative.

3. Article 3. Objective job evaluation. The Committee notes from the Government’s report that the research project "Discrimination-free job evaluation and organization" was finalized in 2004 and that the project resulted in the publication entitled "Equal remuneration for equal work and work of equal value". The publication contains practical guidelines for discrimination-free job evaluation for workers and employers. The Committee welcomes this initiative and asks the Government to provide information on the measures taken to promote the use of non-discriminatory job evaluation methods in practice, including through cooperation with the social partners.

4. Article 4. Cooperation with employers’ and workers’ organizations. The Committee recalls that without the active participation of employers and workers, no significant progress can be made in the implementation of the Convention.  The Committee therefore asks the Government to provide information on the steps taken by it to seek the cooperation of workers’ and employers’ organizations in giving effect to the provisions of the Convention. The Committee would also appreciate receiving information on the measures taken by all social partners to promote equal remuneration for men and women for work of equal value, including in the context of collective bargaining. Please provide examples of workplace or collective agreements that specifically address equal pay issues.

5. Part IV of the report form. General appreciation of the application of the Convention. The Committee notes from the Government’s report that in 2003, the average gross hourly earnings of women were 17 per cent lower than men’s. The gender pay differential concerning yearly average gross earnings decreased from 41.3 per cent in 2000 to 39.7 per cent in 2003. Please continue to provide comparable statistical information on the income differentials between men and women.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s reports of August 2002 and September 2003 and the extensive documentation and statistical information attached.

1. The Committee notes from the implementation report on the National Plan of Action for Employment of January 2002 and the research on which the report’s findings regarding equal opportunities are based that some progress has been made in increasing women’s participation in employment due, amongst other things, to an increased offer of childcare by third persons and increasingly flexible working time and part-time work. However, the Committee is concerned that at the same time the overall gender income gap has widened. While women in full-time employment earned 29.4 per cent less than men in 1995, they earned 30.1 per cent less in 2000. Taking into account both full-time and part-time employment, women earned 31.9 per cent less than men. Women remained under-represented in higher income jobs and over-represented in low-income jobs. In addition, they were dominant in those occupational groups with increasing income disparities. On the other hand, women holding university degrees earn at no point in their careers less than 90 per cent of their male counterparts. The Committee asks the Government to continue to provide statistical information on the remuneration levels of men and women and on the measures taken to counter the negative trends regarding income disparities between men and women.

2. The Committee notes the conclusions from the abovementioned implementation report and the underlying research that measures to reconcile work and family remain a major aspect of improving remuneration levels for women, including through collective agreements and workplace agreements. It also notes that workers’ and employers’ organizations, commenting on the findings of the research reports, have underlined the need to take such measures. The Committee asks the Government to provide information on measures taken to promote working practices that better accommodate the need to reconcile work and family life and any collaboration with the social partners in this regard.

3. With reference to its previous comments, the Committee notes that the research project on discrimination-free job evaluation and organization was completed in 2002, and that the project has contributed to a renewed discussion in Austria on objective job evaluation and equal remuneration for work of equal value. In this context the Committee notes from the abovementioned implementation report and related research that promoting objective job evaluation is expected to have a positive impact on the remuneration levels of women. In all sectors there are enterprises in which the remuneration schemes result in remuneration disparities, yet this is not the case in others. The Committee therefore asks the Government to continue to take the necessary measures to promote the objective evaluation of jobs in accordance with Article 3 of the Convention and to keep the Committee informed in this regard.

4. The Committee notes the information contained in the 2000 report on the implementation of the Equal Treatment Act regarding equal pay cases addressed by the national equality machinery, and asks the Government to continue to provide such information in its future report. Please also continue to provide information on court cases respecting the principle of equal remuneration.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and the attached documentation.

1. The Committee notes the Government’s statement that the regional offices for equal treatment issues in Vorarlberg, Tyrol and Salzburg have dealt with matters relating to equal remuneration. The Committee asks the Government to provide information on the measures taken by these offices and the results achieved in implementing the principle of equal remuneration for work of equal value.

2. The Committee notes the study carried out by the Department for Basic Women’s Issues in the Federal Ministry for Economy and Labour, entitled "The incomes of men and women in gainful employment" (Einkommen von Frauen und Männern in unselbständiger Beschäftigung). It notes the study’s finding that the remuneration gap between men and women has not decreased over the last two decades. The study examined different factors that may be at the origin of this difference, such as unequal opportunities at the career entrance level and differences in the hours worked and periods out of work for family reasons. The Committee notes the statement that there is a continuing trend for women to choose jobs with lower income than men. It also notes with regard to hourly wage rates that full-time women workers earn 27 schillings less on average per hour than men. Furthermore, between the period 1993 to 1997, women workers who took their maternity leave entitlements earned 9 per cent less than they earned in 1992, while women workers who did not take any maternity leave earned 20 per cent more in 1997 than they did in 1993. The Committee notes from the conclusions of the study that there are two central aspects that must be tackled if this situation is to be changed: firstly, the manner and extent of childcare provision by third persons; and secondly, the flexibility of employment arrangements. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Austria) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicting the measures being taken to reduce the wage differential between men and women.

3. The Committee notes that the project "Discrimination-free job evaluation and organization" was commissioned in 1999 to develop and implement analytical job evaluation in individual enterprises as a basis for a fair system of remuneration. The Committee notes the importance of such an initiative and would be grateful if the Government would provide a copy of the finalized study with its next report and information on its implementation.

4. The Committee notes the statistical information provided with the report. It once again wishes to draw the Government’s attention to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It hopes the Government will be able to supply this information with its next report.

5. The Committee notes the judgement of the High Court (Oberster Gerichtshof) of 20 May 1998 in which it states that the employer is responsible for paying equal remuneration to men and women workers for work of equal value, which is in accordance with the principle set out in the Convention. The Committee asks the Government to continue to provide information on court cases respecting the principle of equal remuneration.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report, as well as in the Government's report on the application of Convention No. 111.

1. The Committee notes with interest the enactment of the Federal Act of 27 February 1998, amending the Equality of Treatment Act of 1979, which added a paragraph 2(a) to section 3(a) of the Act. The new paragraph 2(a) provides that the Federal Chancellor may decree that regional offices be set up for lawyers for equal treatment issues designated by the Federal Chancellor pursuant to section 3(a). This measure was intended to promote and facilitate the application of the Equality of Treatment Act at the regional level. The Committee notes that by decree of the Federal Chancellor (BGB1.II, No. 356/98), a regional office of the lawyer for equal treatment issues was established for the provinces of Vorarlberg, Tyrol and Salzburg. It requests the Committee to supply information on the measures taken by these bureaus to reduce salary disparities between men and women, as well as information on the results achieved.

2. The Committee notes with interest that, in its decision of 16 April 1998, the National Council instructed the Federal Ministry of Labour, Health and Social Affairs to conduct a study, in conjunction with the social partners, on salary trends and "non sex-specific" criteria, with the aim of eliminating salary differentials between men and women. The Committee would be grateful if the Government would provide a copy of this study once it is completed.

3. The Committee notes the Government's statement that, in accordance with the 1979 Equality of Treatment Act, wage rates are set by collective bargaining and that section 2(2) of that Act prohibits the establishment of criteria that could constitute indirect discrimination. Where a collective bargaining agreement contravenes this provision, it will be corrected by judicial decision, or through a recommendation issued by the Equality of Treatment Commission. Such a decision or recommendation would render the challenged collective bargaining provision null and void. Noting the collective bargaining autonomy that exists in this area, the Committee requests the Government to indicate the manner in which it encourages the social partners to promote the application of the Convention through collective bargaining, for example, through seminars, awareness-raising programmes, or the dissemination of documents on the methods of eliminating sexist stereotypes in wage setting, etc.

4. The Committee notes that the report supplied by the Government on the application of Convention No. 111 is accompanied by numerous annexes that contain statistical data on the percentage of women in the public service. These reveal a continued increase in the participation of women in the public administration, including in high-level positions. It also notes with interest the activity reports of the Equality of Treatment Commission. These documents will be examined in the framework of Convention No. 111, after their translation into one of the working languages of the ILO. The Committee nevertheless wishes to draw the Government's attention to its 1998 observation, in which it stresses the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee adequately to evaluate the nature, extent and causes of the salary differentials between men and women. It hopes that the Government will be able to supply this information in order to permit it adequately to evaluate the progress achieved in applying the principle of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the information provided concerning the wage disparity between men and women. In this regard, it notes that, in terms of average income, men earn approximately 42 per cent more than that of women and that, according to the Government's report, about one-third of that difference is ascribed to the higher proportion of women in part-time work. The Committee requests the Government to furnish, in its future reports, information on any trends discerned in the wage disparity. In this regard, it notes from the report of the United Nations Economic and Social Council (UN document No. E/1990/6/Add.5 of 19 October 1993, paragraph 27) that, as concerns discrimination against women, the Government stated, inter alia, that there was a tendency to attach a relatively low value to jobs performed by women and that the question would always arise as to what criteria should be used to determine objectively what constituted equal or equivalent work. In the light of the 1994 decision of the Supreme Court, referred to in the observation on this Convention, the Committee asks the Government whether any measures are being taken by, for example, the Equality of Treatment Committee or the social partners, to examine whether classification criteria take adequate account of factors more likely to be present in the work performed by women.

2. The Committee notes the Government's explanation concerning the means of redress open to workers who consider their rights have been infringed under the Equality of Treatment Act. The Committee would be grateful if the Government would continue providing any available information on the work of the Equality of Treatment Committee, as might be contained, for example, in the Committee's reports or promotional material.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report.

1. In previous comments, the Committee had noted the Government's statement that, given the principle of autonomy of collective bargaining in the country, neither the public authorities nor the legislative bodies intervened in negotiations but that the legality of provisions in collective agreements could be challenged by the parties in individual litigation. The Committee notes with interest from the Government's report that, in a resolution of 14 September 1994, the Supreme Court examined, for the first time, the question of indirect discrimination against women and the resulting legal consequences. The matter concerned a collective agreement which contained provision for two categories of temporary workers whereby the determining criterion for classification in the higher category was "physical capability". The Supreme Court established that this criterion was excessively to the advantage of men. As there was no classification criterion based on capacities more typical of women workers (such as manual dexterity), the Court concluded that this lack of balance in the assessment criteria constituted indirect discrimination against physically less capable women and was thus an infringement of section 2(2) of the Equality of Treatment Act, 1979, as amended. The relevant wage category provision of the agreement was consequently ruled to be partially invalid. The Committee asks the Government to continue to provide information on the practical application of the Act.

2. The Committee is also addressing a direct request to the Government on other matters.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. With reference to its previous direct request noting gaps in both the private and public sectors between male and female remuneration, the Committee notes that the Government's most recent report contains statistics up to 1991 confirming that these wage disparities continue. It therefore again requests the Government to provide information on any measures taken or contemplated to discern the reasons for the relatively high earnings gap between men and women, and to redress any causes that give rise to discrimination based on the sex of the worker.

2. Noting that the Government reports only one case where the Equal Treatment Committee used section 6a of the Equality of Treatment Act (discretion to ask an employer to make a report where infringements of the Act or non-compliance with a court ruling concerning the Act are suspected), the Committee asks the Government to continue to provide such particulars in its future reports so that it is in a position to verify that the principle of equal remuneration for work of equal value is being applied not only in law, but in practice.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with satisfaction the information supplied by the Government in its reports to the effect that the new collective agreement for the confectionery industry, which came into force on 5 March 1993, eliminated the wage scales "a" and "b" which had been seen to be establishing discriminatory wage rates, so that separate wage rates for men and for women no longer exist; as well as the 1992 amendment to section 2(2) of the Equality of Treatment Act (BGB1. No. 833/1992) which specifically incorporates the concept of "work of equal value" into that Act and requires respect for it in the fixing of wages in enterprise regulations (including collective agreements).

1. The Committee notes that the Federal Chamber of Labour comments that the wage structure in the country is marked by a clear discrimination against female workers and that it remains to be seen whether the amendment to the Equality of Treatment Act (in above-mentioned Act No. 833/1992) will change this by its improved provisions. Noting the Government's explanation of these 1992 amendments, the Committee asks to be kept informed of any cases arising under the new wording of section 2(2) and their treatment by the Equal Treatment Committee, as well as on the practical effect of the new legislative text.

2. The Committee notes the Government's statement - made also in previous reports - that, given the principle of autonomy of collective bargaining in the country, neither the public authorities nor the legislative bodies intervene in negotiations, but that the legality of provisions in collective agreements can be challenged by the parties in individual litigation. Noting also that, according to the Government, there is no information on any recent cases of a labour court finding a clause in a collective agreement to be discriminatory and thus rendering that clause null and void for the individual worker concerned, the Committee requests the Government to keep it informed, in future reports, of any cases where the principle of equal remuneration in a collective agreement is the subject of litigation, for example, before the Vienna Labour and Social Welfare Tribunal (as had been mentioned in previous Government reports).

3. With regard to statutory penalties for violations of the principle, in particular under section 6 of the Equality of Treatment Act (the Equal Treatment Committee to investigate, upon receiving complaints or on its own initiative, alleged infringements of the principle of equality of treatment; in case of non-compliance with a finding that an infringement exists, the Committee may apply to the labour court for confirmation of its finding), the Committee notes that, according to the Government, a declaratory judgement is currently being sought from the Industrial Tribunal in accordance with the procedure of section 6 with regard to whether a worker can claim payment of the difference in remuneration before that Tribunal. Should the Tribunal decide that it can order payment of the difference, the worker will lodge a claim for this payment against the employer, the claim having the force of the judgement. The Committee also notes the Government's statement that the Act does not provide for other penalties, such as fines, as well as its explanation that a worker can in any case take legal proceedings concerning discriminatory payment without having first to use the section 6 procedure. The Committee asks the Government to inform it of any decisions of the Industrial Tribunal in such a case, and of any other case brought before the courts seeking redress of discriminatory wage conditions using the procedures of the Act.

4. The Committee is addressing a direct request to the Government on other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to its previous direct request, the Committee notes the information supplied by the Government in its report, including the attached statistical data, court decisions and documentation.

1. The Committee notes from the statistical data supplied from 1991 studies that, in the private sector, in 1989 the average income of men was higher, in many cases considerably higher, than that of women, even where women have the same educational qualification as men. These statistics also indicate that the disparity between the average income of men and women increased from 1987 to 1989 and that women earn less than men because more women are engaged in part-time employment or in lower-paid jobs (e.g. in textiles, 92 per cent of workers are women, whereas in the petrol industry 94 per cent of workers are men).

As to the public service (Angestellten), the statistics indicate that in 1989 the average gross income of male public servants was significantly higher than that of female public servants. In the civil service (Beamten), however, the average gross income in 1989 of females was a fraction more than that of males.

The Committee requests the Government to continue supplying up-to-date statistics on the average incomes of men and women in both the private and public sectors. It also requests the Government to provide information on the measures that have been taken or contemplated to discern the reasons for the earnings gap between men and women and to redress the causes that are a result of discrimination apparently based on sex.

2. The Committee notes that on 1 February 1991 the Equal Treatment Committee was transferred from the Ministry of Labour and Social Affairs to the Federal Chancellery (the Federal Minister of Women's Affairs). The Committee also notes that between 1979 and 1990 the Equal Treatment Committee had brought six cases against employers out of 18 complaints alleging wage discrimination and that the remaining cases were settled. It requests the Government to continue to provide information on the outcome of claims concerning discrimination in the fixing of remuneration, including copies of decisions rendered by the Vienna Labour and Social Welfare Tribunal.

3. The Committee also notes that from the passage of the Act in 1979 until the end of 1990 no employer has been asked for a report pursuant to section 6 of the Equality of Treatment Act (non-compliance with the recommendations of the Equal Treatment Committee in specific cases against employers). It again asks the Government to indicate whether the Equal Treatment Committee has exercised its power to request an employer suspected of non-observance of the principle of equal treatment to submit a report in this respect.

4. The Committee notes the summary of the 1987 case in which the Vienna Labour and Social Welfare Tribunal, affirmed by the Higher Land Court of Vienna, ruled that an employee may contest his or her dismissal pursuant to section 105 of the Labour Constitutional Act (Arbeitsverfassungsgesetz), even if the grounds for appealing the dismissal are not obviously warranted. It asks the Government to inform it in future reports of any other proceedings concerning wage discrimination based on sex brought under section 105 of the Labour Constitutional Act.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the detailed information supplied by the Government in its report and the attached documentation. It also notes the observations provided by the Trade Union of Food Industry, Agricultural and Forestry Workers and the Austrian Congress of Chambers of Labour, communicated with the report.

1. The Committee notes with interest that in response to the initiatives of the Equal Treatment Committee, the remaining discriminatory clauses contained in a few collective agreements in the food and allied industries have been removed, by aligning the rights of women with those of men as regards travel allowances, family allowances and widows' pensions. The Committee also notes that the separate wage rates for men and women are no longer contained in most of the collective agreements in this sector and that newly negotiated wage categories do not specify the worker's sex. It notes, however, that the Trade Union of Food Industry, Agricultural and Forestry Workers has indicated that the only collective agreement containing different categories of remuneration for work of equal value is that for the confectionery industry, which employs a significant number of women workers (70 per cent). This union calls for long-term strategy in wage negotiations to increase women's earnings proportionately more than those of men in order to achieve equal remuneration. The Committee requests the Government to provide information on the progress achieved in eliminating the remaining discriminatory provisions in collective agreements, in particular if there are any still establishing separate wage rates for men and women in the food and allied industries, including confectionery, and on further action taken by the Equal Treatment Committee in that respect.

2. The Committee notes with interest the amendment to the Equality of Treatment Act by Federal Act of 27 June 1990, which amends section 2(2) so as to stipulate that the equality of treatment requirement must be observed in the fixing of remuneration under collective bargaining agreements so that such agreements should not provide for criteria for the evaluation of women's and men's work in such a way as to lead to discrimination. The Committee also notes with interest the amendment on 21 February 1991 of the Lower Austria Agricultural Labour Order, 1973, which provides that collective agreements may not establish discriminatory criteria for the evaluation of women's and men's work (section 240(2)). It requests the Government to indicate what measures have been taken or contemplated during the renegotiation of collective agreements so as to implement the principle of equal remuneration for work of equal value in accordance with the provisions of the amended Equality of Treatment Act and the Agricultural Labour Order. In this connection, the Committee also notes with interest that the Equal Treatment Committee has decided to establish a working party to determine whether job classification descriptions and evaluation criteria for individual wage groups contained in collective agreements are such that, if these agreements are correctly applied, they preclude discrimination based on sex. It asks the Government to supply information on the findings of this working party with regard to promoting the use of objective appraisal of jobs on the basis of work to be performed in the various economic sectors.

3. The Committee notes the Government's indication that there is no legal procedure which empowers a court or administrative authority to declare null and void clauses of collective agreements which are found to be contrary to the principle of equal remuneration under section 2 of the Equality of Treatment Act, and that an aggrieved person must bring an individual complaint and such a clause will be declared invalid in regard to that person only. The Committee asks the Government to provide information on any recent cases in which the Equal Treatment Committee or a labour tribunal found a clause in a collective agreement to be discriminatory with regard to remuneration, rendering the discriminatory clause null and void in respect of the individual worker concerned. In addition, given that the 1990 amendment to section 2(2) (referred to above) requires collective bargaining agreements not to include criteria for the evaluation of men's and women's work in such a way as to lead to discrimination, the Committee asks the Government to indicate in its next report the effect of new section 2(2) on discriminatory clauses in such agreements.

4. The Committee notes the comment of the Austrian Congress of Chambers of Labour that there should be statutory penalties against employers and entitlements to compensation for aggrieved persons when wage discrimination based on sex has occurred. Noting the enforcement procedure laid down in section 6 of the Equality of Treatment Act, the Committee asks the Government to indicate how labour court rulings can be effectively enforced against non-complying employers in cases of proven wage discrimination on the basis of sex, and to describe what other sanctions, such as fines, are available when the Equality of Treatment Act has been breached in cases of discrimination in the fixing of remuneration.

5. The Committee is addressing a request on further matters directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee refers to its observation where it notes the information contained in the comments of the Austrian Federation of Chambers of Labour that statistically the average income of women in Austria is generally well below that of men. The Committee requests the Government to include with its next report statistics on the average incomes of men and women in the various economic sectors.

2. In its previous comments, the Committee requested the Government to supply information on the system for the classification of jobs in the public service, and to supply information on the situation of public service employees with regard to supplementary allowances. The Committee notes with interest the information supplied on those points by the Government. It asks the Government to include with its next report examples of one or more wage scales corresponding to the various employment categories.

3. The Committee notes with interest the documents supplied by the Government on the activities of the Equal Treatment Committee and on the decision by the Vienna Labour and Social Welfare Tribunal of 26 September 1989. The Committee requests the Government to continue to supply similar information with its next report. Please indicate in particular whether the Equal Treatment Committee has by now exercised its power to request an employer suspected of non-observance of the principle of equal treatment to submit a report in this respect.

4. In its previous comments the Committee requested the Government to supply information on the provisions protecting workers who initiate legal action to enforce their right to equal remuneration, against dismissal or other forms of reprisal.

The Committee notes with interest the amendment to section 105 of the Labour Constitutional Act (Arbeitsverfassungsgesetz) by Act of 3 July 1986, providing that workers in enterprises with five or more employees can contest a dismissal, on the basis of claims arising from the worker's employment contract, and that the worker concerned has only to provide prima facie grounds for his appeal against the dismissal, and not to submit complete proof. Please indicate in the next report how this provision is implemented in practice.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied in the Government's reports, and the comments received from the Austrian Federation of Chambers of Labour.

1. The Committee notes from the Government's reports that the Equal Treatment Committee has, inter alia, examined the issue of discriminatory provisions in collective agreements, and that it endeavours to bring its influence to bear on the collective bargaining parties to remove the remaining discriminatory provisions from collective agreements. The Committee notes that only a few collective agreements still contain discriminatory provisions, as concerns social allowances. It notes that separate wage rates persist only in a few collective agreements in the food and allied industry, where an adjustment between men's and women's wages has not yet been fully completed, but where the bargaining partners have agreed to complete the staged process of abolishing the different wage rates at an early date. The Committee requests the Government to continue to supply information on the progress achieved in eliminating discriminatory provisions in collective agreements, in particular as concerns those provisions establishing separate wage rates for men and women in the food and allied industries and on the action taken by the Equal Treatment Committee in that respect.

2. In this connection, the Committee recalls that it had raised the possibility, in its previous comments, that the provisions of individual employment contracts or collective agreements which run counter to the principle of equal remuneration might be deemed null and void; it referred to paragraph 175 of its 1986 General Survey on Equal Remuneration in which it is stated that this is the practice in certain countries. The Committee notes that the Committee of Independent Experts on the European Social Charter noted, in its 1988 report, that section 879 of the Austrian Civil Code provides that a contract contrary to prohibitions contained in law or to public morality is null and void, and concluded that clauses of collective agreements or individual employment contracts contrary to the principle of equal remuneration which appears at section 2 of the Equality of Treatment Act of 23 February 1979 would be void. That Committee asked for recent jurisprudence on the matter. The present Committee asks for further information in this connection.

3. In its previous comments the Committee noted that wages relating to activities carried out exclusively or mainly by women were normally at a lower level than for jobs carried out by men and drew the Government's attention to Article 3 of the Convention concerning the objective appraisal of jobs. The Committee notes from the Government's reports that wage fixing in Austria is carried out by means of collective bargaining and is thus independent of state influence, but that the collective bargaining parties are obliged to observe the principle of equal remuneration embodied in the Equality of Treatment Act. It further notes that under the Austrian collective bargaining system agreements are concluded at a sectoral level, and that therefore, an objective evaluation system which would be valid for all sectors and allow comparison of totally dissimilar activities seems impossible to establish; but that a scientific job evaluation system can be drawn up only by the collective bargaining parties for the sector within their own jurisdiction.

The Committee notes the comments by the Austrian Federation of Chambers of Labour to the effect that statistically, the average income of women in Austria is generally well below that of men; that the Equality of Treatment Act of 1979 has been responsible for the removal of glaring sex-determined inequalities in collective agreements; but that the Equality of Treatment Committee has so far not done enough to settle the basic question of what constitutes work of equal value. The Austrian Federation of Chambers of Labour states that with reference to Articles 2 and 3 of Convention No. 100, the parties to the collective agreement are called upon to make greater use of their opportunity to establish methods of job appraisal; the Equality of Treatment Committee has been given the task of encouraging such activities by the parties to the collective agreement and of providing expert assistance.

The Committee further notes from the Government's report that the Federal Minister of Labour and Social Affairs has submitted for approval the draft of a further amendment to the Equality of Treatment Act, with the primary objective of extending the scope of the equality of treatment principle and improving the machinery for implementation, which would include a regulation on equality of treatment in wage fixing stating clearly that in systems of job classification for the purpose of establishing wages and salaries no differentiated criteria should be applied as regards men's and women's work.

As concerns the Government's remarks concerning the difficulty of establishing a job evaluation system which would be valid across the entire economy, the Committee readily recognises this problem. It points out that job evaluation schemes which affect a sector of the economy, or even a single employer, are fully consistent with Article 3 of the Convention. It refers the Government to paragraphs 138 to 152 of its 1986 General Survey in this regard.

The Committee requests the Government to continue to supply detailed information on the measures taken or envisaged to promote the use of systems of objective appraisal of jobs on the basis of the work to be performed in the various economic sectors.