Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report.

The Committee notes the Government’s statement that since its last comments, there have been no legislative changes, which would address the position of the Committee in its previous direct request.

The Committee recalls that its previous comments concerned section 122 of the Collective Labour Relations Act of 14 December 1973 (legal grounds for dismissal of workers’ representatives without prior approval of the courts in cases of grave insults against the employer). The Committee had noted that although this provision was not in violation of the Convention, it, however, might give rise to abuse by the employer in order to interfere with the functioning of the works council. It had therefore suggested that the Government might envisage taking into consideration Paragraph 6 of the Workers’ Representatives Recommendation, 1971 (No. 143), which includes in the measures to ensure effective protection of workers’ representatives, a requirement of consultation with, an advisory opinion from, or agreement of an independent body, public or private, or a joint body, before the dismissal of a workers’ representative becomes final. The Committee had noted the Government’s statement that in the course of future negotiations concerning the amendments to the law, the Federal Chamber of Labour would at any time be able to introduce the above suggestion by the Committee.

The Committee requests the Government to keep it informed of any developments in this respect.