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

Equal Remuneration Convention, 1951 (No. 100) - Austria (Ratification: 1953)

The Committee notes the information contained in the Government’s report and the attached documentation.

1. The Committee notes the Government’s statement that the regional offices for equal treatment issues in Vorarlberg, Tyrol and Salzburg have dealt with matters relating to equal remuneration. The Committee asks the Government to provide information on the measures taken by these offices and the results achieved in implementing the principle of equal remuneration for work of equal value.

2. The Committee notes the study carried out by the Department for Basic Women’s Issues in the Federal Ministry for Economy and Labour, entitled "The incomes of men and women in gainful employment" (Einkommen von Frauen und Männern in unselbständiger Beschäftigung). It notes the study’s finding that the remuneration gap between men and women has not decreased over the last two decades. The study examined different factors that may be at the origin of this difference, such as unequal opportunities at the career entrance level and differences in the hours worked and periods out of work for family reasons. The Committee notes the statement that there is a continuing trend for women to choose jobs with lower income than men. It also notes with regard to hourly wage rates that full-time women workers earn 27 schillings less on average per hour than men. Furthermore, between the period 1993 to 1997, women workers who took their maternity leave entitlements earned 9 per cent less than they earned in 1992, while women workers who did not take any maternity leave earned 20 per cent more in 1997 than they did in 1993. The Committee notes from the conclusions of the study that there are two central aspects that must be tackled if this situation is to be changed: firstly, the manner and extent of childcare provision by third persons; and secondly, the flexibility of employment arrangements. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Austria) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicting the measures being taken to reduce the wage differential between men and women.

3. The Committee notes that the project "Discrimination-free job evaluation and organization" was commissioned in 1999 to develop and implement analytical job evaluation in individual enterprises as a basis for a fair system of remuneration. The Committee notes the importance of such an initiative and would be grateful if the Government would provide a copy of the finalized study with its next report and information on its implementation.

4. The Committee notes the statistical information provided with the report. It once again wishes to draw the Government’s attention to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It hopes the Government will be able to supply this information with its next report.

5. The Committee notes the judgement of the High Court (Oberster Gerichtshof) of 20 May 1998 in which it states that the employer is responsible for paying equal remuneration to men and women workers for work of equal value, which is in accordance with the principle set out in the Convention. The Committee asks the Government to continue to provide information on court cases respecting the principle of equal remuneration.