Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Austria (Ratification: 1974)

The Committee notes the information supplied in the Government's report in reply to its previous comments. It also notes the comments made by the Federal Chamber of Labour concerning wage determination in Austria.

Article 1 of the Convention, in conjunction with Article 5 and point V of the report form. The Committee notes the Government's statement that the minimum wage fixing system is applied -- and even without any restriction in relation to exceptionally low wages -- when, on the employers' side, there are no bodies with the competence to conclude collective agreements and thus none can be concluded (for example, caretakers, domestic workers and home helps, and also private tutors). According to the Government, the regulation orders to confer legal status make it possible -- if the legal requirements have been met -- to extend already existing collective agreements to workers whose employers belong to a body competent to conclude collective agreements but who, for whatever reason, have not concluded one; a legal exception being made in the case where the collective agreement is only concluded for a minority of employers in a branch.

The Committee also notes the statement of the Federal Chamber of Labour that Austrian minimum wage regulations also apply now to employers without the headquarter in Austria and that, by way of an instrument entitled "minimum wage rates", a minimum wage has been legally secured in other spheres in which, on the employers' side, there is no body with competence to conclude collective agreements (for example, social services). Moreover, as up until now the existing statutory instruments, such as minimum wage rates and the declaration of legal status, have been sufficient to supply the majority of new occupational sectors with legal provisions relating to wages. However, the Federal Chamber of Labour considers that -- as regards the increasing incidence of forms of occupation (like employment on the basis of work agreements (Werkverträgen), free service agreements (freien Dienst-verträgen)), etc. -- it is necessary to consider how legal minimum provisions can be established in respect of wages. In this connection, Article 1, paragraph 1, of the Convention provides for the creation and maintenance of methods or machinery for fixing minimum wages in industry or certain trades. The Committee recalls the indication, in its 1992 General Survey on minimum wages, that the establishment of methods or machinery that do not guarantee the effective regulation of minimum wages is not enough to comply with the obligations arising from the Convention.

The Committee, therefore, requests the Government to continue supplying information on the application of the Convention by means of legislation as well as in practice, with particular reference to the application of minimum wage standards to the above-mentioned forms of occupation.