Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Austria (Ratification: 1951)

The Committee has taken note of the Government's reports and of the observations made by the Austrian Congress of Chambers of Workers.

Referring to its earlier comments concerning the need to adopt legislative measures for the protection against unlawful dismissals (in particular for trade union activities) of workers in enterprises with fewer than five employees, the Committee notes with regret that, according to the report of the Government, the employers' opposition prevented once again the adoption of a legislative amendment providing such protection. While noting with interest that under Amendment No. 475/1990 to the Collective Labour Relations Act, the protection afforded to individual workers against dismissal has been enlarged and that the Ministry for Labour and Social Affairs is considering further amendments to the labour legislation with a view to improving the protection of individual workers against anti-union discrimination, the Committee considers that the continued opposition of one of the social partners should not prevent the Government from adopting measures to bring its legislation into conformity with the Convention.

The Committee requests once more the Government to take the necessary measures, along the lines mentioned above, to protect workers in enterprises with fewer than five employees against acts of anti-union discrimination and to bring its labour legislation into conformity with the Convention, and to indicate in its next report any development in that respect.

The Committee addresses a request directly to the Government on another point.