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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Austria (Ratification: 1973)

The Committee notes the detailed information provided by the Government and asks the Government to reply to the following points.

1. Further to its previous comments concerning the implementation of the Equality of Treatment Act in the agricultural and forestry sector, which is under the jurisdiction of the Länder, the Committee notes that Burgenland has brought its laws in line with the Act (LGBl. No. 53/2000). The Committee also notes that the Act amending the Agricultural Labour Act (BGBl. I No. 40/2000) introduced a new section 197b, which corresponds to section 92b of the Organization of Work Act (ArbVG), establishing an obligation of the employer to consult with the work council on measures to promote women, including recruitment practices, training, promotion, and the reduction of gender imbalances, as well as measures aiming at reconciling professional and family responsibilities of male and female employees. Noting that section 92b of the Organization of Work Act and the new section 197b of the Agricultural Labour Act only establish an obligation to consult on this matter and the possibility of workplace agreements, the Committee asks the Government to continue to provide information on the implementation of these provisions by the Länder and on their application and impact in practice.

2. The Committee notes with interest that the amendments to the Federal Equality of Treatment Act as contained in the Federal Law Gazette No. 132/1999 introduced mandatory disciplinary proceedings in the event of sexual harassment, extended the scope of the Act to universities, and brought the provisions concerning damages for discrimination on the ground of sex in line with the jurisprudence of the European Court of Justice, abolishing the fixed maximum damage for victims which would have been appointed to a particular post if the discriminatory treatment would have not occurred. The Committee also notes that Section 9(1) of the federal Equality of Treatment Act now provides that in respect to the composition of appointment commissions, the male-female ratio within the group of employees for which the respective commissions are competent should be taken into consideration and that the employers should nominate commission members according to that ratio. The Committee notes that linking the representation of women in these commissions to the currently prevailing female-male ratio in the workforce could in fact contribute to reinforcing existing gender imbalances and in this sense may be in conflict of the overall spirit of the Act. The Committee hopes that the Government will consider amending section 9(1) to provide for equal representation of men and women in such commissions wherever possible. The Government is asked to provide information on the application of the 1999 amendments to the federal Equality of Treatment Act in practice and on their impact on equality in employment and occupation.

3. With reference to its previous direct request, the Committee notes from the 1999 joint report on the implementation of the Equal Opportunities Act that contacts made with the Ombudsman for Equal Opportunities have increased by one-third during 1999, mainly as a consequence of the opening of a regional office for the western part of the country. It also notes that the trend towards more contacts involving instances of sexual harassment and that two additional regional offices have been established in Graz and Klagenfurt. The Committee asks the Government to continue to provide information on the activities of the Ombudsman for Equal Opportunities, the Equal Opportunities Commission, including complaints received and decisions issued, as well as any court decisions on equal treatment.

4. The Committee notes the various measures taken to eliminate employment discrimination on the ground of sex at the enterprise level, including the policy guidelines issued by the former Federal Ministry for Women’s Affairs on the measures to be taken by companies in promoting women when commissioning public works and projects which are being implemented by several ministries. The Committee also notes the projects "Managing E-Quality", "Preparing Women to Lead", and "E-Qualification in Vocational Training" and asks the Government to keep it informed of the progress made in the implementation these initiatives and other measures to eliminate discrimination at the company level, including results achieved.

5. The Committee notes from the Government’s report that the Austrian Labour market remains highly segregated. Three-quarters of all women and two-thirds of female apprentices are concentrated in traditional occupations, mostly with limited employment prospects, few opportunities for promotion and training, as well as low income. In this respect, the Committee notes the continuing activities of the Employment Service to promote equal access of women to dual vocational training. The Committee recalls that employers gave the prohibition of night work of women as one reason for discrimination regarding access to apprenticeship positions, while the Government points out that in fact the legislation in force prohibits the employment during night hours of both male and female youth. The Committee asks the Government to provide in its next report the text of the recently adopted legislation lifting the prohibition of night work of women, as well as its impact on the access of women and girls to occupations traditionally considered to be "male". Please also continue to provide information on any other measures taken to promote equal access of women to all occupations.

6. The Committee thanks the Government for providing extensive statistical information on the situation regarding equality of treatment and the promotion of women in the civil service, including in respect to the different occupation and functions. Please continue to provide such information with future reports, as well as statistical information indicating developments in respect to male/female labour market segregation.

7. The Committee notes from the Government’s report that vocational and social integration of ethnic minorities is being supported by offering German courses, vocational integration measures and employment counselling for migrants and autochthonous Roma. The Committee notes in particular the international framework to combat Roma unemployment, including its best practices component, and the established vocational training centre for the Jews in Vienna. The Government is asked to provide information on the results achieved by these projects. The Committee notes from the objectives of the implementation of labour market policy, issued by the Ministry of the Economy and Labour (February 2001), that ethnic minorities are one of the target groups in respect to which the employment service is called to develop and implement special measures for their integration in the labour market and that the employment service is to monitor carefully their situation. Noting from the second report of the European Commission against Racism and Intolerance on Austria [CRI(2001)3] that discriminatory practices against foreigners and Austrian nationals of immigrant background at the point of recruitment are being reported by human rights organizations, the Committee asks the Government to provide information on how the employment situation of all ethnic minorities is monitored, as to be able to plot trends and assess the impact of the national non-discrimination policy on their access to employment and to ensure non-discrimination, irrespective of race, colour, national extraction or religion, in the context of recruitment. Please also indicate progress made in adopting measures to implement the relevant EU directives.