Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

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

With reference to its previous comments, the Committee notes from the Government's report that it is no longer intended to pursue the Guaranteed Remuneration Bill. It also refers to the additional information supplied on the application of Article 11 of the Convention.

The Committee recalls that in its previous comment it requested the Government to provide all appropiate information on the manner in which effect is given to Article 14(b) of the Convention, following comments received from the Austrian Congress of Chambers of Labour concerning this provision. It notes that this organisation has repeated, in a comment communicated with the Government's report, that Austria continues to lack binding laws guaranteeing workers the right to wage statements clearly indicating gross remuneration and deductions, such requirements now existing only in collective agreements. The same organisation adds that provisions respecting the intervals for the payment of wages are not binding under the Civil Code, and therefore binding rules on this should also be adopted under Article 12 of the Convention. Finally, it states that although there are numerous rules governing wage protection, there is no unified law which codifies these rules.

The Government has indicated in reply that while there are no detailed provisions in law on the manner of payment of wages for most workers, arrangements for this are assured through collective agreements for most workers. All workers are, however, covered by provisions contained in a variety of laws on the intervals for payment of wages. In some cases these intervals are subject to adaptation by agreement, but the Govenment states that no case has yet come to its attention in which this has been used to workers' disadvantage. The Government states that Article 12 of the Convention does not require that the legislation must contain binding rules for the intervals of payment of wages, and that the Convention does not require that all the provisions on wage protection be contained in a single unified enactment.

The Committee notes the comments by the Austrian Congress of Chambers of Labour and the Government. It notes also that both Articles 12 and 14 of the Convention allow flexibility in their method of application, with Article 14 providing also that measures should be taken under it "where necessary". The Committee also notes that there is no requirement in the Convention that all the provisions or other arrangements adopted to give effect to its provisions be contained in a single document. The committee refers however to the Protection of Wages Recommendation, 1949 (No. 85) which contains more detailed suggestions in Paragraphs 5 to 7 on how these questions might be regulated at the national level.