Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Federal Chamber of Labour (BAK), which were attached to the Government’s report.

Article 2 of the Convention. Wage transparency. With regard to the implementation of the obligation under section 9 of the Equal Pay Act providing for vacancy notices indicating the minimum wage paid, the Committee notes the Government’s indication in its report that, following the amendment of the Equal Pay Act, which came into force on 1 August 2013, penal sanctions are now imposed in the case of employment contracts in sectors of the economy in which no minimum wage is stipulated by collective agreement, statute or any other statutory collective provision. The Committee further notes that the provincial authorities of Upper Austria, Styria, Tyrol, Burgenland and Lower Austria have equally amended their laws to incorporate the obligation of including the minimum wage in vacancy notices. The Committee also notes that, according to the BAK, an evaluation of the implementation of the obligation to provide income reports and to include minimum wage in vacancy notices was being conducted by the Federal Ministry for Training and Women in cooperation with the social partners. Concerning the implementation of the obligation for enterprises under section 11 of the Equal Pay Act to carry out reports on the average annual income of their women and men workers, the Government indicates that since 2014 the obligation to produce income reports has been extended to all enterprises with at least 150 employees. The Government, however, indicates that it is not possible to provide statistical information in this regard, as enterprises which are required to provide income reports are only under a conditional obligation to publish them. The Committee asks the Government to provide information, including the results of the evaluation undertaken by the Federal Ministry, on the implementation of the obligation under section 9 of the Equal Pay Act to specify in vacancy notices the minimum wage paid, including statistical data on the level of compliance with this statutory requirement. It also requests information on sanctions imposed in cases of non-compliance, and any actions taken to address gender pay gaps detected, and the impact thereof.

Articles 2 and 3. Objective job evaluation in the public sector. In its previous comments, the Committee asked the Government to provide information on how it is ensured that the criteria applied for the evaluation of jobs are free from gender bias, in particular in positions in which women predominate. The Committee notes the Government’s indication that the evaluation of jobs in the Federal Public Service are gender neutral since the criteria applied, such as knowledge, thinking ability and responsibility, are free from gender bias. The Committee asks the Government to provide information on any job evaluation which was undertaken, and the outcome thereof. Recalling the lower average income of women in the public service due to the difference in working hours, qualifications and job levels, the Committee asks the Government to indicate any measures taken to address these causes with a view to reducing the gender pay gap in the public sector.

Articles 2(2)(c) and 4. Minimum wage and cooperation with employers’ and workers’ organizations. Noting that the Government does not provide information on the impact of the fixing of a minimum wage in a range of sectoral agreements on the remuneration of women and men and on the narrowing of gender wage differentials, the Committee once again asks the Government to provide information in this respect.

Article 4. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee asked the Government to provide information on the pilot projects adopted by the Government, together with the social partners, to abolish gender stereotypes in job evaluation and to eliminate gender discriminatory provisions in collective agreements. It also asked the Government to provide information on any action taken to promote the principle of the Convention through collective bargaining and on the impact of the manual adopted by the social partners on gender mainstreaming in collective bargaining. The Committee notes that the Government refers to examples of collective agreements in several industries, as well as in private educational institutions and social services, which provide for improved special leave arrangements. Nevertheless, the Committee notes that, according to the observations made by the BAK, these arrangements are often only valid from a certain date and/or special leave is only taken into account for a certain maximum period, which may result in direct discrimination against women, since parental leave is still predominantly claimed by women. The BAK further indicates that the Government continues the implementation of the joint initiative with the social partners to examine all collective agreements for hidden discrimination. The Committee requests the Government to continue to provide information on the measures taken in cooperation with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on the results of the joint initiative with the social partners to examine all collective agreements for hidden discrimination, and on its impact on gender mainstreaming in collective bargaining.

Enforcement. With regard to the court decisions and the activities of the labour inspectorate concerning the principle of equal pay for work of equal value, the Committee notes that the Government indicates that between 1 January and 31 December 2014, 30 complaints were received by the Equal Pay Commission, seven of which were handled. Discrimination was found to have occurred in three of the latter cases. The Government also indicates that some cases have been referred to the Supreme Court and to the Higher Regional Court of Vienna, no complaints were received in Upper Austria, and one complaint was submitted before the Equal Pay Commission in Lower Austria in relation to the principle of equal pay for work of equal value. The Committee further notes the Government’s indication that the labour inspectorate is not responsible for monitoring compliance with salary and wage payment. The Committee asks the Government to continue to provide information on any relevant cases regarding equal remuneration for men and women for work of equal value addressed by the Equal Pay Commission and the courts, including information on the outcome of the equal pay cases pending in the Supreme Court and the Higher Regional Courts.