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

Workers' Representatives Convention, 1971 (No. 135) - Austria (Ratification: 1973)

The Committee takes note of the Government's report. It also notes the observations of the Austrian Congress of Chambers of Labour (OAKT).

In its comments, the OAKT states that section 122(3) of the Collective Labour Relations Act of 14 December 1973, which provides that a member of the works council may be dismissed without the prior consent of the conciliation office if he has been disloyal in his services or has improperly obtained benefits from a third party, without the knowledge of the employer, constitutes in practice an effective means for employers to prevent works council members from carrying out their mandate. Accordingly, the OAKT requests that the prior consent of the conciliation office be required for all dismissals on the grounds set out in section 122.

The OAKT also requests better protection for workers' representatives in the event of bankruptcy of the enterprise, and the amendment of section 117 of the Act of 14 December 1973, which provides that in establishments with more than 150 workers one member of the works council shall be released from his work with full pay, as it considers that 150 workers is too high a number. The OAKT also considers that for members of the works council to be able to carry out their functions efficiently, they should be entitled to paid time off in which to participate in trade union activities.

The Committee will deal with these questions when it has examined the Government's observations on the above comments.

[The Government is asked to report in detail for the period ending 30 June 1992.]