Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s explanations concerning atypical employment relations, such as those on the basis of work agreements (werkverträgen) and freelance agreements (freien dienstverträgen). According to the Government’s report, these forms of employment fall outside the scope of the labour legislation, and are therefore not covered by the Convention, because they also display aspects of entrepreneurship and the persons concerned are not in a dependent employment relationship. Recalling that the Convention seeks to ensure decent wage levels for the most vulnerable and low-paid categories of workers, and also recalling that the Convention requires full consultations with the social partners before deciding the trades which should be covered by minimum wage legislation, the Committee requests the Government to keep it informed of any future developments regarding the legal regulation of freelance contracts and contracts for work and services.

In addition, the Committee notes the information and attached documents provided by the Government, in particular, the statistical data on the wage sums recovered as a result of labour inspections, and the number of homeworkers, as well as the labour inspection reports showing the number of visits conducted and contraventions found. It would appreciate if the Government could continue to supply up to date information on these matters.

Finally, the Committee would be grateful if the Government could provide information on the percentage of workers covered at the national level by collective agreements within the meaning of Article 1, paragraph 1, of the Convention, the sectors covered, and the average rate of wages determined by these agreements.