Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report.

With reference to the comments which it has been making for many years 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 Act No. 502 of 1993 has not amended the Collective Labour Relations Act of 1974 on this point.

The Committee notes in this respect the Government's statement in its report that the Ministry for Labour and Social Affairs is still endeavouring to extend the general protection against dismissal for trade union activities to enterprises employing fewer than five employees and that, after long discussions with the social partners, it has been possible to achieve substantial improvements in the social field. The Government however adds that the adoption of all the claims which were made would not have been approved by Parliament and would have endangered the other improvements obtained by the workers.

The Committee once again requests the Government to take measures as soon as possible to provide workers employed in enterprises with fewer than five employees with adequate protection against dismissal, particularly when the dismissal is on grounds of trade union activity, in accordance with Article 1 of the Convention. It requests the Government to indicate any progress achieved in this respect in its next report.