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

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

The Committee notes the reports of the Government and the observations made by the Austrian Congress of Chambers of Workers.

The Congress alleges that, as evidenced by a recent judicial decision, the employer side decides ultimately and unilaterally which workers are covered by valid collective agreements, which contradicts the principle of voluntary bargaining embodied in Article 4 of the Convention.

The Government submits for its part that membership of lawful representative associations is governed by law, that the Chamber of Commerce may not assign employers to occupational groups in an arbitrary manner and that there exist legal remedies in case of an incorrect application of the law.

The Committee would appreciate being provided with all the relevant legal provisions in this respect, and with the judgement mentioned above.