Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Austria (Ratification: 1973)

With reference to its observation on this Convention, the Committee notes the information supplied by the Government in its report and the comments made by the Austrian Congress of Chambers of Labour.

A. Equality of opportunity and treatment between men and women

The Committee notes the information supplied by the Government in its report on the application of the provisions of the Equality of Treatment Act of 23 February 1979, as amended by the Act of 22 June 1985.

1. Access to training. The Committee previously noted the programme launched in 1986 to encourage and improve vocational training for women. The Committee notes the information supplied by the Government on the measures that have been adopted in the context of this programme: the establishment of counselling centres for women on non-traditional trades and training programmes in these trades, and subsidies for initiatives and projects developed by women. The Committee also notes that several Ministries have adopted a programme of action over several years, called "Daughters can do more", which is to improve the choice of occupation and the vocational situation of women through the provision of information (particularly on technical training), counselling, etc. It also notes the activities concerning the dissemination of information and the provision of counselling undertaken by the National Labour Office, in collaboration with schools, in order to guide women towards non-traditional occupations.

The Committee notes with interest the various measures intended to combat occupational segregation in training. It also notes, however, the comments of the Austrian Congress of Chambers of Labour to the effect that the concentration of women in certain training courses is continuing, and that 90 per cent of the women who undertake training are concentrated in only 10 per cent of the branches of apprenticeship. The Committee refers to paragraphs 82 to 85 of its 1988 General Survey on Equality in Employment and Occupation, in which it has indicated that discriminatory practices in respect of access to training commonly arise out of practices that are based on stereotypes affecting mainly women. Vocational guidance is intended to play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex. The Committee requests the Government to continue supplying information on the measures that have been adopted and the results obtained in the field of equality of opportunity and treatment in training, and particularly on the outcome of the programmes referred to by the Government. It requests it in particular to indicate the measures that are continuing to be taken to encourage the access of women to technical training courses, since these measures require action both with regard to motivation and the supply of training. In this respect, it also requests the Government to supply statistics, including data on the number of apprenticeships offered by employers and the number of girls who have obtained them in comparison with the total number of young persons.

2. Access to employment. The Committee referred previously to the provisions of the Equality of Treatment Act, as amended, concerning non-discriminatory vacancy offers. The Committee notes the Government's indications to the effect that the non-observance of the obligation to be neutral in vacancy offers is not subject to any penal sanctions. Although the number of non-discriminatory vacancy offers submitted to the National Labour Office has increased, the proportion of such vacancy offers is still limited to 20 per cent. The Committee also notes the comments of the Austrian Congress of Chambers of Labour to the effect that the number of women in employment has admittedly risen, although they continue to suffer from both vertical and horizontal vocational segregation and remain confined in jobs with lower skill levels and in traditionally female sectors of the economy. These occupations provide fewer opportunities for higher skills and less job security.

The Committee refers to paragraphs 97 and 98 of the above General Survey in which it has indicated, in particular, that indirect discrimination seriously affects equality of access to occupations. The occupational segregation noted in access to training that leads to "typically male" or "typically female" trades recurs in access to these trades; even adequate training is not a guarantee of access to the occupation to which it should lead. One of the reasons for occupational segregation in access to employment may lie in the conceptions and preferences of employers being linked to general attitudes with regard to the employment of women. It can also be a result of recruitment policy by enterprises intended to deliberately restrict the number of women who are recruited. The Committee requests the Government to supply information on the measures that have been taken or are envisaged to ensure that the provisions concerning non-discriminatory vacancy offers are respected. It also requests it to continue supplying information on the measures that have been adopted to combat occupational segregation and the results obtained, and also to supply statistics on the labour market, which, as the Government indicates, have included separate figures for men and women since 1987.

3. Terms and conditions of employment. In its previous comments, the Committee referred to the survey of the discriminatory provisions that establish a distinction between the work of men and women in collective agreements, particularly with regard to certain social benefits and allowances and categories of "women's" wages. The Committee notes the information supplied by the Government to the effect that only a few distinctions still persist (for example in the food processing sector). The Government indicates that the Equal Treatment Committee has examined these distinctions and sought the opinions of emloyers' and workers' organisations, but that it has no power to intervene in collective bargaining.

The Committee also notes the comments of the Austrian Congress of Chambers of Labour that, although progress has admittedly been made, the principle of equal remuneration for work of equal value is still not applied.

The Committee refers to paragraph 118 of the above General Survey in which it indicates that equal evaluation of work and equal entitlement of women and men to all elements of remuneration cannot be achieved within a general context of inequality. It also emphasised in paragraphs 185 and 186 of the same Survey that, by prescribing that the co-operation of employers' and workers' organisations and other appropriate bodies should be sought to promote the acceptance and observance of the national policy, the Convention emphasises the necessity for active co-operation with these organisations. By using the term "co-operation", which evokes the idea of work performed jointly, the Convention goes beyond the requirement of consultation of employers' and workers' organisations. The Committee requests the Government to supply information on the progress achieved in obtaining equal remuneration for work of equal value, on the measures adopted in co-operation with employers' and workers' organisations to apply the national policy in this respect and on the measures that are envisaged to eliminate, in co-operation with these organisations, the discriminatory provisions that exist in collective agreements.

4. An amendment to the legislation. The Committee notes with interest the information supplied by the Government to the effect that the discriminatory provisions in the emergency assistance allowance (Notstandshilfe) were removed from the Act respecting unemployment insurance as of 1 July 1988.

5. Equality of treatment in the public service. With reference to its previous comments regarding the programme for the advancement of women in the public service, the Committee notes with interest the information supplied by the Government to the effect that an amendment to the Act issuing the conditions of service of the public service has introduced titles using feminine word forms and names for women public servants, that new instructions for the publication of vacancy offers are being prepared which should give preference to women by explicitly seeking applications from women, and that, since this year, women have been able to receive training as train supervisors. The fourth evaluation of the advancement programme will be submitted to the Council of Ministers in the summer of 1989.

The Committee requests the Government to continue supplying information on the programme for the advancement of women and to supply a copy of the evaluation when it has been adopted.

6. Equal Treatment Committee - sanctions. In its previous comments, the Committee referred to the role entrusted to the Equal Treatment Committee in supervising the application of legal provisions.

The Committee notes the information supplied by the Government to the effect that the Equal Treatment Committee has not yet been seised with a case concerning the observance of the provisions incorporated in 1985 into the Equality of Treatment Act. The implementation of section 6(a) of this Act, under which the Equal Treatment Committee may request an employer who is suspected of not respecting equality of treatment, to submit a written report, has been discussed at length by the Equal Treatment Committee, which has adopted measures to ensure observance of the obligation to be neutral in the publication of vacancy offers, particularly through contacts with the press. At its initiative, a reference to section 2(b) of the Equality of Treatment Act, under which instructions on the award of subsidies by the Federation must provide for the award of such subsidies only for enterprises which observe the provisions of this Act, has been included in the "Model instructions for the award of federal subsidies".

The Committee also notes the comments of the Austrian Congress of Chambers of Labour to the effect that women are reluctant to appeal to the Equal Treatment Committee for fear of reprisals, and that there is little collaboration by employers with its procedures. The absence of effective sanctions is another major obstacle to the effective implementation of the provisions of the Equality of Treatment Act.

The Committee refers to paragraphs 227 to 230 of its 1988 General Survey on Equality in Employment and Occupation, in which it has emphasised in particular the importance of establishing effective sanctions in order to punish and, above all, to act as a deterrent against any act of discrimination contrary to the guarantees laid down by the Convention. The Committee likewise emphasised in paragraph 226 of the above Survey that effective protection of the principle of equality presupposes the existence of guarantees which provide protection against reprisals to persons who complain to the competent authorities or who initiate legal action to enforce their rights.

The Committee requests the Government to supply information on any cases submitted to the Equal Treatment Committee and on the solutions to them. It also requests it to indicate whether measures are envisaged to strengthen the effective protection of the principle of equality through penal sanctions and safeguards against reprisals.

The Committee also notes that by virtue of section 2(a) of the Act of 1985, a worker may, in the event of violation of the principle of equality in training or further training, refer the matter to the Equal Treatment Committee or submit a complaint (Feststellungsklage). The Committee requests the Government to supply information on the cases submitted to the courts and the decisions taken in their respect.

7. Education programmes. The Committee notes with interest the research projects on sexual discrimination and equality of opportunity and treatment for women, for which the results and conclusions are published. The Committee notes the studies on "Sexual harassment at the workplace", "Forgotten fields of women's employment" and "International study on initiatives to provide further training for women in new technologies" and it requests the Government to supply copies of these studies. It also requests the Government to continue supplying information on education and information activities undertaken. The Committee recalls that the purpose of such measures and information is to improve awareness of the phenomena of discrimination in order to modify attitudes and behaviour and promote consideration of the right of all persons to equality of opportunity and treatment without distinction.

B. Article 1(a) of the Convention - grounds of discrimination

8. The Committee refers to the previous comments of the Austrian Congress of Chambers of Labour, which indicate that mainstream case law does not admit the possibility of appealing to the courts in the event of dismissal on grounds of political opinion or religion, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee requests the Government to indicate in detail how, within the framework of national policy, equality of opportunity and treatment without distinction on grounds of political opinion and religion is guaranteed and to supply copies of any relevant judicial rulings in this respect. The Committee also requests the Government to indicate how equality of opportunity and treatment without distinction on the other grounds of discrimination set out in Article 1(a) of the Convention, namely race, colour, national extraction or social origin is guaranteed within the framework of national policy.

The Committee also requests the Government to continue supplying information on the progress achieved and the measures that have been adopted or are envisaged in accordance with a policy designed to promote equality of opportunity and treatment without distinction.