Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Austria (Ratification: 1951)

The Committee takes due note of the Government’s report. It also notes the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173) and the acceptance only of the obligations of its Part III as well as the Government’s subsequent decision to terminate its obligations under Article 11 of the Protection of Wages Convention, 1949 (No. 95), in respect of those claims which are protected pursuant to Part III.

The Committee notes that by virtue of article 2 of the Labour Contract Law - Adjustment Act BGB1 1993/459, as amended by BGB1.I No. 179/1999, the employer is required to deliver to the worker, immediately following the start of the work relationship, a written description of the principal rights and obligations arising from the employment contract (Dienstzettel) which must include, inter alia, information as to starting remuneration, in particular, the basic wage and any special payments as well as an indication of the due date of remuneration. In addition, the worker must be provided with a written notice of any changes to the information contained in the Dienstzettel immediately, or at any rate no later than one month following their effective date. Recalling its earlier comments, the Committee notes that there is still no provision, legislative or other, specifically laying down that wages must be paid at regular intervals and also that workers should be informed of the wage particulars at the time of each payment, as required under Articles 12(1) and 14(b) of the Convention respectively. It therefore asks the Government to indicate the measures taken or under consideration to ensure that the national legislation entirely conforms to the Convention in this respect.