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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Austria (Ratification: 1951)

Articles 1 and 2 of the Convention. Legislative framework and application of the Convention in practice. The Committee welcomes the information contained in the Government’s report. In particular, the Government indicates that the 2016 amendments to the Federal Law on Public Procurement provide explicitly that collective agreements, national legislation for the protection of workers, working and rest time, and legislation on equality of opportunity and treatment must be taken into account in the context of public contracts. The Committee notes with interest the information provided by the Government in relation to the decisions issued by the federal administrative and administrative appeals courts during the reporting period, particularly a decision issued by the administrative appeals court holding that tender bid winners are required to adhere to Austrian labour and social laws, even where the tender documents do not contain an explicit reference to this legal framework. The Committee requests the Government to provide updated information on the manner in which the Convention is applied in practice, including available statistics on the number of public contracts awarded per year and the approximate number of workers protected by the federal legislation giving effect to the provisions of the Convention. Please also provide sample copies of public contracts containing labour clauses, as well as extracts from inspection reports of the competent services showing the number and nature of violations and the sanctions imposed.