Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Austrian Congress of Chambers of Workers 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.