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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations made by the Federal Chamber of Labour (BAK) and the Austrian Federal Economic Chamber (WKÖ), which were attached to the Government’s report.

Articles 1 and 2 of the Convention. Legislative development. The Committee notes the complex federal structure in the country, with labour issues being regulated by different instruments such as federal law (Bund), provincial law (Länder), collective bargaining agreements (for employment sectors) and works agreements (at company level). As recently noted by the European Commission: (1) this complicated division of competences leads to a very scattered landscape of anti-discrimination laws and provisions; and (2) the Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft) called for a unification of equal treatment and non-discrimination laws and respective competences, as the multitude of different legal acts and provisions makes it difficult for laypersons to understand their non-discrimination rights (European Commission, European Network of Legal Experts in Gender Equality and Non-discrimination, 2022 Country Report Austria: page 13 on non-discrimination; and page 64 on gender equality). Similarly, while commending the efforts made to gradually harmonize federal legislation, the United Nations (UN) Committee on the elimination of discrimination against women (CEDAW), in its 2019 concluding observations, remained concerned that gender equality structures and their mandates and resources vary between provinces. It called for institutional mechanisms for coordination between the federal State and provinces, and for the amendment of legislation on equality and non-discrimination “with a view to ensuring substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination in the private and public sector” (CEDAW/C/AUT/CO/9, 30 July 2019, paragraphs 10–11). The Committee notes the positive developments in the province of Carinthia where provincial anti-discrimination legislation was consolidated in a new Equal Treatment Act which came into force on 1 January 2022. It also notes the information provided by the Government in its report regarding the amendment of the Maternity Protection Act in 2019 so that periods of parental leave (for both mother and father as well as adoptive and foster parents) be credited in full (up to the child’s second birthday) as regards the rights based on length of service (such as holiday entitlement, anniversary bonuses or advancement to the next salary level). The Committee asks the Government to provide information regarding any initiative taken with a view to consolidate anti-discrimination legislation and to coordinate anti-discrimination measures between the federal State and provinces as well as on any legislative developments with regard to the application of the Convention.

Article 1(1)(a). Social origin. In relation to its previous comments, the Committee notes the BAK’s observations pointing to social exclusion experienced by socio-economically deprived communities, with the additional burden of difficulties in accessing law enforcement mechanisms. The Committee requests the Government to monitor emerging forms of discrimination on the ground of social origin in respect of access to education (including vocational training), access to employment and terms and conditions of employment, and to provide information on any cases handed out by the courts and equality bodies in this regard.

Article 1(1)(b). Workers with disabilities. The Committee notes the adoption, on 6 July 2022, of the National Action Plan on Disability 2022-2030. Two of the eight chapters of the Plan concern “equality and non-discrimination” and “employment”, with measures aiming at: (1) evaluating the legal framework for equal treatment regarding disability; (2) developing quality criteria for the employment contracts of persons with disabilities in supported employment; (3) developing youth coaching in preparation for and within daily routines; (4) increasing protection in the case of repeated discrimination in employment; (5) enhancing the right of persons with disabilities to work, including the right to equality at work; and (6) strengthening of the protection against multiple and intersectional discrimination (including through awareness-raising for judges and prosecutors). However, the Committee notes the concerns of the UN Committee on the rights of persons with disabilities (CRPD) about: (1) the lack of disaggregated data on the situation of women and girls with disabilities on the federal and provincial levels as well as on education of children with disabilities; (2) the lack of reasonable accommodation in education (including in vocational orientation and training) and the lack of an established, enforceable legal right for children with disabilities of age 14 and older to attend inclusive schools at the secondary level; (3) the low rate of participation in the work force of persons with disabilities, their low employment rate in the open labour market, and their increasingly high rate of long-term unemployment; and (4) the segregated employment of persons with disabilities in sheltered workshops and “occupational therapy workshops” and the payment of “pocket money” instead of adequate wages (CRPD/C/AUT/CO/2-3, 8 September 2023, paragraphs 18(c), 55, 61 and 70). Similarly, the CEDAW expressed concerns that women and girls with disabilities continue to face intersectional forms of discrimination and are frequently referred to special employment centres. It called for all women and girls with disabilities to have access to inclusive learning opportunities in the mainstream education system and to the open labour market (CEDAW/C/AUT/CO/9, paragraphs 31(e) and 40-41(a)). The Committee asks the Government to continue to provide information on any legislative developments regarding the prohibition of discrimination in employment and occupation on the grounds of disability and on the results achieved through the implementation of the National Action Plan on Disability 2022–30.

Article 2. Equality of opportunity irrespective of race, colour and national extraction. According to the European Commission against Racism and Intolerance (ECRI, Council of Europe, 2020), in 2018, 23 per cent of the workforce in Austria had a migrant background and the employment rate of 15–64-year-old persons with such background was 66 per cent (compared to 75 per cent of those without a migration background). The Committee notes the information contained in a 2022 report from the European Commission according to which there is no national action plan on anti-racism or discrimination although migrants are a central target group for discrimination (European Commission, European Network of Legal Experts in Gender Equality and Non-discrimination, Country Report Austria on non-discrimination, 2022, pages 65 and 73). In this regard, it also notes the information contained on the website of the Ministry for European and International Affairs according to which non-legislative measures taken in the field of education, training and awareness-raising will be further increased and strengthened through the “National Action Plan Integration” and that further concrete progress will be brought by the “National Action Plan for Human Rights in Austria” and the “comprehensive Strategy to prevent and combat all forms of racism, xenophobia, radicalisation and violent extremism” planned for the 2020–24 legislative period. The Committee also notes the information provided by the Government on a range of programmes supporting people with a migration background, such as language courses; catch-up qualifications programmes; the “Mentoring for Migrants” project (a joint initiative of the Austrian Integration Fund, the Chamber of Commerce and the Public Employment Service) which supports migrant workers as they enter the labour market; and contact points offering multilingual information, advice and support throughout the country. The Committee requests the Government to provide information on: (i) the measures taken or envisaged to promote equality of opportunity irrespective of race, colour and national extraction, including through the “National Action Plan Integration” and the “National Action Plan for Human Rights in Austria” once adopted; and (ii) the results of such measures, including statistical information, to evaluate the impact on employment and occupation of migrant workers, especially migrant women.

Roma people. The Committee notes the information provided by the Government concerning the calls for “Roma Empowerment for the Labour Market” rolled-out with the support of the European Social Fund (seven projects run in Vienna and Upper Austria) and the special policy entitled “Roma Empowerment for the Labour Market 2022–30”, funded out of labour market resources, which seeks to address permanent (long-term) unemployment and fight the entrenchment of poor living conditions among Roma due to lack of integration and inclusion in the labour market. In this regard, it notes the recommendation of ECRI (2020) that the Roma Strategy be accompanied by an evaluation of all projects implemented over recent years, on the basis of comprehensive and gender disaggregated equality data. The Committee asks the Government to: (i) continue its efforts to promote employment opportunities and to ensure equal treatment of the Roma in employment and occupation; and (ii) provide information on the results achieved in integrating members of the Roma community into the labour market, including statistics, disaggregated by sex, if available.

Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government on various developments, such as: (1) the “Papamonat” (“father’s month”) whereby all fathers in paid employment have a legal entitlement to unpaid leave on the birth of their child (with a financial support during that month amounting to €700); and (2) the expansion of elementary education facilities and financial support resulting in a substantial increase (from 21 to 51.8 per cent) in the number of 3- to 6-year-old children attending facilities whose opening hours enable both parents to work full-time. The Government also cites the Equality Programme of the city of Vienna which aims, inter alia, at removing horizontal and vertical segregation; giving access without discrimination to training and further education programmes, particularly for part-time workers; and preventing sexual harassment. It recognizes however that, within the civil service, women make greater use of the option to work part-time than do men (30.5 per cent of women for 6.6 per cent of men in 2021). The Committee also notes that the CEDAW underlined the stereotyped views on the roles of women and men, with women continuing to be the main caretakers of children and adults in need of care, and the fact that only a very low number of men avail themselves of parental leave and only for short periods. It recommended that the Government: (1) strengthen measures aimed at facilitating the reconciliation of professional and private life; (2) improve the conditions for paid maternity leave, encourage men to avail themselves of parental leave and extend the length of paid paternity leave, so as to promote the equal sharing of responsibilities between women and men; and (3) collect gender-disaggregated data on the use of flexible working arrangements. The Committee encourages the Government to continue its efforts to promote gender equality in the labour market and requests it to provide detailed information on the results achieved in contributing to and ensuring equality of opportunity and treatment between men and women in employment and occupation in practice, including statistical data, disaggregated by sex.

Enforcement. The Committee notes the information provided by the Government on several cases of discrimination on the grounds of sex or religion referred to the Supreme Court and the Vienna and Linz Higher Regional Courts. The Committee notes, however, that both the CEDAW and the European Commission voiced concerns about the barriers to accessing remedy due to the current complex anti-discrimination legal architecture with scattered legislation and distribution of competences at the federal and provincial levels, varying degrees of protection for different grounds of discrimination, lack of explicit mandate for equality issues of the Labour Inspectorate, fear of reprisal, lack of effectiveness of sanctions and limited role of the Ombud for Equal Treatment and the Equal Treatment Commission (CEDAW/C/AUT/CO/9, paragraphs 12–13; and European Network of Legal Experts in Gender Equality and Non-discrimination, Country reports on non-discrimination, 2022, and gender equality, 2022). The Committee asks the Government to continue to provide information on (i) the activities of the Equal Treatment Commission; (ii) any measures taken or envisaged to facilitate access to enforcement mechanisms; and (iii) any judicial decisions relevant to the application of the Convention.

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

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

Articles 1 and 2 of the Convention. Legislative development. The Committee notes with interest that, pursuant to the amendments made to the Equal Treatment Act (GIBG), which took effect on 1 August 2013, protection against discrimination is now extended to the whole duration of vocational training and further training services as well as to self-employment. The Act also provides that compensation in judicial proceedings concerning discrimination must be effective and proportional. The Committee further notes that, following the amendments of the Federal Equal Treatment Act (B-GIBG) in 2012 and 2013, protection against discrimination is now extended to discrimination based on an individual’s parental status, and on the income of an applicant’s registered partner. In relation to proceedings concerning sexual and other harassment, the period of limitation is now extended to three years and the chairperson can order separate hearings during the process. Moreover, sessions of the Federal Equal Treatment Commission are now not open to the public, and the courts have to provide reasons for deviating from the Commission’s expert opinion in compensation proceedings. Finally, the Committee notes that under the different provincial equal treatment laws, as last amended, discrimination by association is now prohibited in Burgenland and Styria. The level of compensation granted may be increased in Upper Austria in cases of discrimination based on multiple grounds; in Styria in cases of discrimination based on sex; and in Tyrol in cases of harassment and sexual harassment. Furthermore, in the provincial legislation of Burgenland, discrimination is now extended to all grounds of discrimination, and to both employed and self-employed persons. Finally, the provincial legislation of Upper Austria now provides that the burden of proof lies with the person accused of discriminating. The Committee asks the Government to provide information on the implementation of these provisions and on any further legislative developments with regard to the application of the Convention.

Article 1(1)(a). Social origin. In its previous comments, the Committee asked the Government to provide detailed information on the decisions of the courts and equality bodies specifically addressing discrimination on the grounds of social origin and to undertake a study on the manifestation of discrimination on the basis of social origin in respect of access to vocational training, access to employment, and terms and conditions of employment. In this regard, the Committee notes that the Government reiterates in its previous indications that the prohibited ground of social origin is covered under section 7(1) of the Constitution, which provides that no privilege can arise from birth, status or class; and that pursuant to section 879 of the Civil Code, an employment contract which does not respect fundamental rights, equality and good morals is null. The Government also refers to the jurisprudence of the Supreme Court (OGH), which shows that dismissals contrary to section 7(1) of the Constitution are without effect, under section 879 of the Civil Code (immorality), and that discrimination on the basis of social origin is therefore also without effect because of immorality, together with the equality principle. The Committee requests the Government to closely monitor emerging forms of discrimination on the ground of social origin in respect of access to vocational training, access to employment and terms and conditions of employment, and to provide information on any cases that had been handed out by the courts and equality bodies in this regard.

Article 1(1)(b). Workers with disabilities. In its previous comments, the Committee asked the Government to continue to supply information on any legislative developments regarding the prohibition of discrimination on the ground of disability, as well as on relevant court cases and the number and nature of complaints submitted for conciliation. The Committee notes that, according to the 2014 National Social Report of the Ministry for Social Affairs, the National Labour Market Policy Programme (BABE) Disability Training-Employment for 2014–17 was adopted in 2013. The Committee also notes from the Government’s Fourth Report under the Social Charter of the Council of Europe (CoE), that the Public Employment Service (AMS) has provided additional funding for employment promotion, particularly granting integration subsidies for persons with disabilities as well as skills training programmes; and it has collected statistical information relating to jobseekers with disabilities (RAP/RCha/AUS/4(2016), pages 61–62). The Government also indicates that there have been no cases concerning discrimination based on disability thanks to the high success rate of the conciliation proceedings. In this respect, the Committee notes that from December 2011 to December 2014, 692 conciliation proceedings have been registered, of which 419 (60.5 per cent) cases related to direct discrimination, 211 (30.5 per cent) cases to indirect discrimination, and 62 (9 per cent) cases to harassment; and that, among the 665 cases dealt with, agreement was reached in 296 cases. The Committee asks the Government to continue to provide information on any legislative developments regarding the prohibition of discrimination on the grounds of disability as well as on the measures adopted or envisaged in order to promote equal opportunities for persons with disabilities in employment and occupation under the National Labour Market Policy Programme (BABE) Disability Training-Employment for 2014–17, and the results achieved. It asks the Government to continue to provide information on relevant court cases adopted and on the number and nature of complaints submitted for conciliation.

Article 2. Equality of opportunity irrespective of race, colour and national extraction. In its previous comments, the Committee requested the Government to provide information on the measures taken to give effect to the recommendations of the Independent Council of Experts as well as on the state of implementation of the 20-Points-Programme action plan, and the results achieved. The Committee notes that, following the recommendations of the Independent Council of Experts set up to further the implementation of the National Action Plan (NAP), various measures were adopted in order to improve migrant workers’ opportunities for access to more highly qualified areas of the labour market, such as the adoption of legislation concerning the recognition of qualifications obtained abroad on 12 April 2016, the establishment of cost-free and multilingual advice centres, and the implementation of the project “mentoring for migrants”. Nevertheless, the Committee notes that according to the European Commission against Racism and Intolerance (ECRI), in 2013 the unemployment rate for persons originating from ex-Yugoslavia (outside the European Union) was 11.6 per cent, for persons from Turkey 15.4 per cent, and for persons from third countries 17.2 per cent, whereas the general rate was 7.6 per cent. The Committee also notes from the ECRI’s report that the labour market participation rate of women with migration backgrounds was significantly lower than that of majority population of women (58 per cent compared to 70 per cent). The Committee asks the Government to continue to provide information on the measures adopted or envisaged, including those adopted under the NAP, to promote equality of opportunity irrespective of race, colour and national extraction. The Committee also requests the Government to provide information on the results of such measures, including statistical information, to evaluate the impact on employment and occupation of migrant workers, especially migrant women.

Roma people. The Committee notes the information provided by the Government concerning the adoption of the Roma-Strategy in 2012, the elaboration of its progress report in 2013, and the establishment of a National Roma Contact Point in June 2012. The Government further refers to the publication of the “Call for the Empowerment of Roma in the Labour Market” in 2015, and to the “THARA project”, which aims to promote the access of the Roma to the labour market and to vocational educational institutions. The Government also indicates that, through the European Social Fund, €1 million are allocated annually to support employment measures targeting the Roma. Welcoming these measures, the Committee asks the Government to continue its efforts to promote employment opportunities and to ensure equal treatment of the Roma in employment and occupation. It asks the Government to further provide information on the results achieved in integrating members of the Roma community into the labour market, including statistics, disaggregated by sex, if available.

Equality of opportunity and treatment of men and women. With respect to measures taken to promote equality of opportunity and treatment between men and women in employment and occupation, the Government indicates that several measures were adopted to assist workers with family responsibilities, such as a period of paternity leave up to 31 days, a new option for employers to agree with their employees on leave arrangements for caring of children, the granting of maternity leave, and protection against dismissal of “free contractual employees” and the increase in the number of childcare places. The Committee notes, however, that according to the observations made by the BAK, “daddy month” or the “anticipated paternal leave” exists only in the public sector as well as in a few sectors in the private sector through collective agreements. Furthermore, the Committee notes that various measures were adopted in the regions, which aim at promoting equality of opportunity and treatment of men and women in the labour market, inter alia, the elaboration of a study on discrimination against women in employment and occupation by the Burgenland women’s council, and the adoption of the equality programme for 2012–14 in Vienna. While welcoming the steps taken to promote equality of opportunity and treatment of men and women, the Committee emphasizes the importance of providing information on the specific results and on the effectiveness of the measures taken in accordance with Article 3(f) of the Convention (2012 General Survey on the fundamental Conventions, paragraphs 856 and 858). The Committee encourages the Government to continue its efforts to promote gender equality in the labour market and requests it to provide detailed information on the results achieved in contributing to and ensuring equality of opportunity and treatment between men and women in employment and occupation in practice, including statistical data, disaggregated by sex.

Enforcement. In its previous comments, the Committee asked the Government to continue to provide information on the activities of the Equal Treatment Commission and on any judicial decisions relevant to the application of the Convention as well as on any awareness-raising activities and training for judges. The Committee notes that several cases of discrimination on the grounds of sex have been referred to the Supreme Court, the Higher Regional Court of Vienna, and the Labour and Welfare Court of Vienna between 2012 and 2014, and that there had been a few cases of discrimination on the grounds of ethnicity, age, sexual orientation, and religion or opinion as well as cases of sexual harassment. The Committee further notes the anonymous reports of the Equal Treatment Commission’s decisions on individual cases since 2012, and the Committee notes the Government’s indication that judges are trained on equal treatment and non-discrimination during their careers. The Committee asks the Government to continue to provide information on the activities of the Equal Treatment Commission and on any judicial decisions relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Legislative development. The Committee notes with interest that pursuant to the amendments made to the Equal Treatment Act, which took effect on 1 March 2011, discrimination by association, that is discrimination of a person due to that person’s close connection with a victim of discrimination, is now prohibited (sections 5, 6, 7, 19, 21, 44, 46 and 47 of the Act). Furthermore, the minimum compensation for harassment and sexual harassment has been increased from €720 to €1,000 (sections 12(11), 26(11) and 51(8) of the Act), and the confidentiality of proceedings before the Equal Treatment Commission has been lifted. The Committee also notes that pursuant to Act No. 140/2011, the public service law was amended, and the quota for women was raised to 50 per cent. The Committee notes further that the provincial authorities of Burgenland, Lower Austria, Salzburg, Styria and Vienna have amended their laws to incorporate the changes made to the federal equal treatment provisions in 2008, related to the protection against discriminatory termination of fixed-term contracts and probationary periods, and made other changes in 2011. Furthermore, the Committee notes that under the equal treatment laws of Burgenland, Salzburg, Styria and Vienna, as last amended, the level of compensation granted may be increased in the case of discrimination based on multiple grounds and the definition of harassment has been aligned with the provisions of the European Union legislation. The provincial legislation of Lower Austria further provides that an instruction to discriminate is also discrimination. The Committee asks the Government to provide information on the implementation of these provisions and on any further legislative developments with regard to the application of the Convention.

Article 1(1)(a) of the Convention. Social origin. In its previous comments, the Committee noted that the existing equal treatment legislation did not explicitly provide for the prohibition of discrimination based on social origin. Noting the several studies on the integration of persons with migration background and persons without formal qualification into the labour market, the Committee had invited the Government to undertake a study on disadvantages and discrimination occurring on the basis of social origin. In its report, the Government indicates that no such study has yet been commissioned but that the prohibited ground of social origin is covered under section 7(1) of the Constitution which provides that no privilege can arise from birth, status or class. It adds that pursuant to section 879 of the Civil Code, an employment contract which does not respect fundamental rights, equality and good morals is null. The Government also indicates that courts have developed case law protecting workers from arbitrary and discriminatory measures taken by the employer. However, the Committee notes that according to the observations made by the BAK, courts and equal treatment commissions in examining cases of discrimination submitted to them, do not interpret domestic legislation in light of Article 1(1)(a) of the Convention nor do they verify compliance with section 7(1) of the Constitution. The Committee recalls that, under the Convention, “discrimination and lack of equal opportunities based on social origin refers to situations in which individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs” (see General Survey on fundamental Conventions, 2012, paragraph 802). The Committee therefore asks the Government to provide detailed information on the decisions of the courts and equality bodies specifically addressing discrimination on the ground of social origin in the context of section 7(1) of the Constitution and section 879 of the Civil Code. The Committee again invites the Government to undertake a study on the forms that may be taken of discrimination on the ground of social origin in respect of access to vocational training, access to employment and terms and conditions of employment, and to provide information on the progress made in this respect.

Discrimination based on sex. The Committee notes that under section 3 of the Equal Treatment Act and section 4 of the Federal Equal Treatment Act, no worker can be discriminated against on the ground of gender, particularly in relation to marital and family status. It further notes that in the public sector, female civil servants are protected from discriminatory treatment in connection with pregnancy or maternity pursuant to the 2009 Civil Service Regulations. The Committee notes further that the equal treatment legislation of the province of Vienna prohibits discrimination based on gender, especially in relation to personal status and parenthood while in the Tyrol, discriminatory treatment against women workers in connection with pregnancy or maternity leave is prohibited. The Committee asks the Government to provide information on any legislative developments granting similar protection in other provinces. Furthermore, taking note of the ruling of 12 December 2010 of the Vienna Labour and Social Court, the Committee asks the Government to continue to provide information on relevant judicial decisions.

Article 1(1)(b). Workers with disabilities. The Committee notes that pursuant to the amendment made to the Equal Treatment Act to harmonize its provisions with the Disabled Persons Placement Act, the minimum compensation for harassment on the ground of disability has been increased from €720 to €1,000 and discrimination by association is prohibited. It also notes the Government’s indication that the Federal Ministry of Labour, Social Affairs and Consumer Protection commissioned a study entitled “Evaluation concerning the right of persons with disabilities to equal treatment”. The Committee further notes that complaints filed under the federal anti-discrimination laws relating to disabled persons (Disabled Persons Placement Act and Equal Treatment of Disabled Persons Act) must first go through conciliation before the Federal Social Security Office. In this respect, the Committee notes that from January 2006 to December 2011, 1,029 conciliation proceedings had been registered, of which 611 cases (59 per cent) concerned direct discrimination, 279 cases (27 per cent) concerned indirect discrimination, and 87 cases (8 per cent) concerned harassment. The Committee asks the Government to continue to supply information on any legislative developments regarding the prohibition of discrimination on the ground of disability and on relevant court cases and the number and nature of complaints submitted to conciliation.

Article 2. Equality of opportunity irrespective of race, colour and national extraction. The Committee notes the Government’s indication that pursuant to an amendment made to the Labour Market Service Act BGB1.I No. 122/2011, immigrant background (persons possessing or having possessed a foreign citizenship, persons with a documented change of citizenship, and the second generation for the latter) shall be recorded as from 2012 for those registered as unemployed or as jobseekers. It also notes the Government’s indication that in 2011, 80,478 persons with an immigrant background were registered as unemployed, which accounted for 32.6 per cent of the total unemployed, and that a total number of 118,397 persons with an immigrant background (of whom 50 per cent were women) were beneficiaries of active labour market policies. According to the “National Action Plan for Integration (NAP) – Facts, figures, indicators 2011” workers with a migrant background were predominantly employed as labourers (47 per cent) and that, owing to the non-recognition of foreign academic diplomas, 28 per cent of the employees born abroad were overqualified for their job position. The Government indicates that in the context of the 2010 labour market policy objectives, the Public Employment Service (AMS) is responsible for the implementation of specific measures aimed at facilitating the entry into the labour market of persons with a migration background. The Committee further notes that, as part of the implementation of the NAP, an independent council of experts, set up to further the concrete implementation of the NAP, proposed in July 2011, an action plan of 20 priority measures (20-Points-Programme) to, inter alia, foster the integration of persons with a migration background into the labour market. The action plan, which involves the collaboration of the Federal Government and various stakeholders, targets three main areas of intervention: recognition and validation of occupational qualifications; further education and training to help migrant workers obtain higher qualifications; and promotion of the employment of female migrant workers. The Committee also notes that 25 indicators have been elaborated to monitor the progress achieved in implementing the recommendations. The Committee asks the Government to provide information on the measures taken to give effect to the recommendations of the independent council of experts and on the state of implementation of the 20-Points-Programme action plan and the results achieved.

The Committee notes that the Viennese association Volkshilfe launched a “New Horizons” project in February 2012 which, among other activities, provides individualized counselling to members of the Roma community in occupational training and career orientation. For the period February 2012 to January 2013 €100,000 had been allocated for a project which includes anti-discrimination activities, public awareness raising and training focusing on the Vienna labour market. Furthermore, it notes the Government’s statement that the next appropriate step would be to establish a permanent counselling centre in Vienna for youth and young adults with a migrant background, marginalized from the labour market, and especially members of the Roma minority. The Committee asks the Government to continue to provide information on measures taken to address discrimination based on race, colour or national extraction and promote equality, including for the Roma and those with an immigrant background, in employment and occupation. The Committee asks the Government to provide information on the results achieved in integrating members of the Roma community into the labour market, including statistics, if available.

Equality of opportunity and treatment of men and women. The Committee notes that the Government pursues action to combat gender discrimination in access to the labour market and in the workplace through the implementation of several programmes. The focus of these measures is on encouraging the reintegration of women workers into the labour market after childcare breaks (“Support for return to work” programme), providing further occupational training to women with family responsibilities (“Competence with system” project) and reconciling work and family life (increase of childcare availability, awareness-raising campaigns in enterprises to develop family-conscious corporate policies). In addition, the Work and Family Audit is currently in the pilot phase, the aim of which is to support companies, institutions and organizations in developing a family-conscious corporate culture. The Government also indicates that 25,642 women were assisted through training and 8,925 women were assisted by counselling and care facilities to return to the labour force, and that the total expenditure for assisting women in returning to the labour force amounted to €81.2 million. The Committee further notes the Government’s initiatives to strengthen the involvement of men in parenting by granting them legal entitlement to four weeks’ unpaid post-natal leave and by increasing the amount of the childcare allowance. In this regard, the Government indicates that the number of fathers claiming childcare allowance has steadily increased since its implementation. The Committee also takes note of the statistics provided in the Government’s report showing an increasing use of day-care facilities. The Committee asks the Government to continue to provide detailed information on the measures taken to promote equality of opportunity and treatment between men and women in employment and occupation and their impact, including statistical data.

Enforcement. The Committee notes that several cases of discrimination on grounds of gender have been referred to the Supreme Court between 2009 and 2011, and there have been a few cases of harassment on grounds of ethnicity. It also notes the anonymous reports of the Equal Treatment Commission’s decisions on individual cases since 2008 (Senate II). However, according to the BAK, discriminatory dismissals are rarely successful before tribunals owing to the fact that the employer can simply raise any other ground, real or spurious, in support of the dismissal. The BAK also points out the necessity of increased awareness raising and training for judges. The Committee asks the Government to continue to provide information on the activities of the Equal Treatment Commission and on any judicial decisions relevant to the application of the Convention. It also invites the Government to forward any comment it wishes to make in reply to the observations of the BAK, including providing information on any awareness-raising activities and training for judges.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report as well as the observations made with regard to the application of the Convention by the Federal Chamber of Labour, which were received with the Government’s report.

Legislative developments. The Committee notes that amendments made to the equal treatment legislation in 2008, which inter alia, clarified that the protection against discrimination in respect of termination also applies to non-extension of a fixed-term contract and during probation. With regard to discriminatory terminations, the amendments grant the victim the right to choose between reinstatement and compensation. The Committee asks the Government to provide information on the implementation of these provisions.

Article 1, paragraph 1(a), of the Convention. Political opinion. The Committee previously noted that political opinion was not explicitly included as a prohibited ground of discrimination in the equal treatment legislation, but that according to the Government it could be subsumed under the ground of belief (Weltanschauung). In this regard, the Committee notes from the Government’s report, that the High Court for the first time discussed the term “belief” in 2009 (OGH 9 ObA 122/07t, 24 February 2009). In the Government’s view the decision confirms that political convictions are generally covered by the prohibited ground of belief. The Committee requests the Government to continue to provide information on relevant judicial decisions interpreting the meaning of the various grounds of discrimination, including the ground of “belief”.

Social origin. With regard to the prohibited ground of social origin, which is absent from the existing equal treatment legislation, the Government provides references to a number of studies carried out by the Austrian Employment Service which address issues such as integration of persons with migration background and persons without formal qualifications into the labour market. The Committee notes that exclusion of these groups may be linked to their social origin; however, the ground of social origin as listed in Article 1(1)(a) has a specific meaning. In this regard, the Committee notes the information provided by the Federal Chamber of Labour regarding the meaning given to the grounds of “birth”, “status”, and “class”, referred to in article 7(1) of the Constitution. The Committee also notes the Chamber’s indication that there were reports of instances where persons felt disadvantaged simply because they were from a particular province. Recalling that under the Convention, measures must be taken to address all the grounds listed in Article 1(1)(a), the Committee trusts that due consideration will be given to undertaking a study on disadvantages and discrimination that occur on the basis of social origin. Please indicate any further developments in this regard.

Discrimination based on sex. The Committee notes from the 2006–07 report of the Equal Treatment Ombudperson that a number of applications made to this institution concerned discrimination related to reconciling work and family obligations. The Committee requests the Government to indicate whether the prohibition of discrimination based on sex includes protection of men and women from discrimination based on family responsibilities. Please also provide information on relevant case law.

Article 1, paragraph 1(b). Additional prohibited grounds. The Committee notes from the Government’s report that the competent equality bodies and the courts have started to deal with cases of discrimination based on disability, age and sexual orientation. The Committee notes with interest that the Vienna Provincial High Court in April 2007 held that there was discrimination on the ground of age under the collective agreement for the meat industry to the extent that it provided for different wage levels for shop assistants above 18 years of age in their first two years, and trainees in the same job under the age of 18. The Committee asks the Government to indicate whether the decision has implications for equal treatment of minors in respect of remuneration, more broadly. Please also continue to provide information on the measures taken to address discrimination based on other grounds than those explicitly listed in Article 1(1)(a), as envisaged in the report form adopted by the Governing Body.

Article 2. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the Government’s report that the main area of intervention with a view to promoting equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction has been the efforts of the Austrian Employment Service to support the integration into the labour market of persons who have little knowledge of German and are unskilled. The Committee also notes the statistical information provided by the Government in this regard, as well as regarding employment and unemployment rates relating to non-citizens. The Government states that, in accordance with data protection legislation, the Employment Service can only register data regarding ethnic origin in cases where the origin of the employment seeker is a criterion relevant to the process of job intermediation. While noting these explanations, the Committee considers that Austrian nationals with migration background may also be confronted with unequal opportunities and treatment in employment and occupation, and that these situations therefore also need to be monitored and addressed. In the absence of statistical information, the Committee asks the Government to indicate any alternative measures it is taking to monitor the situation of nationals with a migration background, including through surveys and studies. The Committee also asks the Government to consider providing an appropriate legal framework in line with international data protection and human rights standards. It also asks the Government to continue to provide information on the situation of the Roma minority, and on any initiatives undertaken to combat racism and xenophobia, as well as the adoption and implementation of the National Action Plan for Integration referred to by the Federal Chamber of Labour.

Equality of opportunity and treatment of men and women. The Committee notes that the elimination of hidden, structural and direct discrimination against women in the workplace remains a declared priority for the Government. Tripartite discussions on the possible introduction of enforceable workplace agreements on gender equality are ongoing. Women continue to participate in active employment programmes on an equal footing with men. With regard to work and family responsibilities, efforts have focused on strengthening the role of men in parenting and on increasing child care availability and reintegration after child care breaks. Recent reforms of the child care allowance are expected to increase the number of men making use of this entitlement. A study assessing the implementation of the right to part-time work for parents found a 14 per cent share of men making use of this entitlement. A disadvantage found was that those in part-time work had taken over less complex tasks. The Committee requests the Government to continue to provide information on the measures taken to promote gender equality in employment and occupation and the results achieved by such action, including statistical information.

Enforcement. The Committee asks the Government to continue to provide information on the activities of the various equality bodies and information on relevant court cases.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Prohibited grounds of discrimination. Political opinion. The Committee notes the Government’s indication that political opinion was not explicitly included as a prohibited ground of discrimination in the equal treatment legislation, but could be subsumed under the ground of belief (Weltanschauung). However, there was no jurisprudence in this regard as of yet. According to the Federal Chamber of Labour, the Federal Equal Treatment Commission considers discrimination based on belief to include discrimination on the ground of party membership. The Committee asks the Government to provide information on any future jurisprudence concerning discrimination based on belief and the related practice of the specialized bodies under the equality legislation.

2. Social origin. The Committee notes the Government’s statement that, in many cases, social origin is linked to ethnic origin and, therefore, in such cases protection is available under the existing legislation. The Government submits that discrimination exclusively on the basis of social origin in employment and occupation is not likely to occur. Given the subtle and complex nature of employment discrimination, the Committee finds it difficult to accept affirmations that a certain form of discrimination does not exist, particularly when no information on the basis for such an affirmation is being provided. With regard to the ground of social origin, the Committee notes that, in fact, it has been observed in some countries that persons emanating from certain geographical areas or socially disadvantaged segments of the population (other than persons with ethnic minority background) face exclusions with respect to recruitment, without any consideration of their individual merits. The Committee requests the Government to provide information on any studies or reports concerning discrimination in employment and occupation on the ground of social origin. In the absence of any such studies, please indicate whether consideration is being given to examining this matter further.

3. Age, disability and sexual orientation. Noting the Government’s reply to its previous comments concerning the grounds of age, disability and sexual orientation, the Committee recalls that Article 1(1)(b) of the Convention envisages that countries address discrimination on other grounds than those explicitly enumerated in Article 1(1)(a) (see General Survey, 1988, paragraph 30). Thus, as indicated in Article 1, “[f]or the purpose of this Convention the term discrimination includes” discrimination on the grounds listed in Article 1(1)(a), as well as discrimination based on any other grounds, “as may be determined by the Member concerned after consultation with representative employers’ and workers’ organizations” (Article 1(1)(b)). Noting from the Government’s report that the legislation concerning discrimination based on age, disability and sexual orientation has been adopted after consultation with the social partners, the Committee would consider that the Government has availed itself of the possibility envisaged under Article 1(1)(b). It requests the Government to continue to provide information on the elimination of discrimination on the grounds of age, disability and sexual orientation in its future reports.

4. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes that the Government has committed to provide information in reply to its previous comment on this matter. It welcomes the information provided by the Federal Chamber of Labour concerning initiatives and projects to combat racism and promote diversity at work, including the preparation of a model anti-discrimination workplace agreement and the pilot project to provide inter-cultural training to labour market service officers. The Committee urges the Government to provide in its next report information on the employment situation of persons with an ethnic minority background, including migrants, and information on the measures taken to promote their equality of opportunity and treatment. In particular, the Committee requests the Government once again to provide detailed information with respect to the situation of the Roma.

5. Equality of opportunity of men and women. The Committee notes from the detailed information on the situation of men and women in the labour market that the position of women has continued to improve with respect to a number of indicators, particularly as regards their labour force participation and employment rate. However, women’s unemployment rate decreased to a lesser degree than men’s and the gender pay gap remains high. While men’s part-time rate increased, it remains extremely low. The Committee notes the information on the measures taken by the labour market service to address gender-based occupational segregation and to assess the gender impact of the various labour market measures. The Committee requests the Government to continue to provide information on the measures taken to promote gender equality in private and public employment and the progress made, including statistical information.

6. Employment services. The Committee notes from the Joint Report
2004–05 under section 24 of the Equal Treatment Commission and Equal Treatment Ombudsperson Act that the labour market service communicates to jobseekers preferences of enterprises relating to the sex or age of the person to be recruited but does not provide the names of the enterprises concerned which makes it impossible for jobseekers to bring discrimination complaints. The Committee requests the Government to provide information on the measures taken to ensure that the labour market service does not entertain discriminatory requests from enterprises and to ensure that jobseekers who consider themselves excluded from a recruitment process on discriminatory grounds are given access to the information required to bring complaints. Please indicate whether any internal instructions or guidelines for labour market service officers exist on how to deal with discriminatory requests from enterprises.

7. Workplace measures. The Committee notes the Government’s indication that workplace agreements on gender equality tend to exist in larger enterprises, but that it has no precise information on the current situation with regard to such agreements. The Federal Chamber of Labour states that it has been a long-standing demand of the workers’ organizations to make workplace agreements on gender equality compulsory. The Committee also notes from the abovementioned Joint Report that in practice an increasing number of enterprises seek advice from the Equal Treatment Ombudsperson on voluntary gender equality measures and that the Equal Treatment Ombudsperson suggested the introduction of minimum legal requirements in this regard which would involve setting of targets with regard to achieving de facto equality. The Committee requests the Government to make an assessment, on a tripartite basis, of the extent to which use is being made of the possibility to conclude workplace agreements on gender equality and asks the Government to provide information in this regard. The Committee also requests the Government to provide information on the measures taken to follow up on the proposed creation of a legal basis for workplace measures to achieve de facto equality, including information on how it will be ensured that work councils can participate in the elaboration, implementation and assessment of equality plans.

8. Work and family. The Committee welcomes the range of initiatives undertaken by the Government and social partners to promote the access to employment of workers with family responsibilities and the reconciliation of work and family responsibilities, including the measures taken by the labour market service and in the framework of the Family Alliance. However, the Committee also notes that, according to the Federal Chamber of Labour, work and family reconciliation was still widely considered as a women’s issue and that the demand among men for part-time work for family reasons is low. The number of men drawing childcare allowance introduced in 2002 remains low as well. The Committee requests the Government to provide information on the following:

(a)   the impact of the recent reforms of the childcare allowance (flexibilization, increase of permitted income during receipt of childcare allowance);

(b)   the results of the evaluation of part-time work of parents mentioned in the Government’s report, including the effects of the right to part-time work for parents on gender equality in employment and occupation;

(c)   the progress made in encouraging a better sharing of family responsibilities between men and women.

9. Finally, the Committee requests the Government to continue to provide detailed information on the activities of the Equal Treatment Commission and Ombudspersons, including copies of their periodic reports and information on the number, nature and outcomes of the cases and situations brought before them. Please also continue to provide information on judicial decisions concerning equality of opportunity in employment and occupation.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Legislative developments. The Committee notes that the Austrian legislation on equal treatment of men and women has been amended in order to transpose pertinent European Union directives. As of 1 July 2004, the Equal Treatment Act covers equal treatment in employment and occupation on the grounds of sex, ethnic origin, religion or belief, age, or sexual orientation in respect of private employment relationships, while the Equal Treatment Commission and Equal Treatment Ombudsperson Act sets up the institutions to promote equal treatment and address discrimination on these grounds (Federal Gazette No. 66/2004). Likewise, the Federal Equal Treatment Act, 1993, which applies to employment relationships with the State (federal level) has been amended to cover the grounds of ethnic origin, religion or belief, age, or sexual orientation (Federal Gazette No. 65/2004). In addition, new provisions prohibiting discrimination in employment and occupation on the ground of disability have been included in the Act on Employment of Persons with Disabilities, 1979 (Federal Gazette No. 82/2005). The Committee asks the Government to provide detailed information on the practical application of the equal treatment legislation, as it relates to employment and occupation, including information on the work accomplished by the Equal Treatment Commission, the Equal Treatment Ombudsperson, the various institutions set up under the Federal Equal Treatment Act, as well as relevant jurisprudence. The Government is also invited to indicate whether it considers the grounds of age, sexual orientation and disability to be covered by the Convention by virtue of its Article 1(1)(b) and whether any consultations with social partners have been held on this question.

2. Discrimination on the ground of political opinion and social origin. While welcoming the 2004 revision of the equal treatment legislation, the Committee notes that it did not include the grounds of social origin and political opinion, which are listed in Article 1(1)(a) of the Convention. Recalling that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey, 1988, paragraph 58), the Committee asks the Government to provide information on how protection from discrimination in employment and occupation is ensured with respect to the grounds of social origin and political opinion.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that the following indicators are used to assess sex-based labour market inequalities: labour force participation rates, unemployment and employment rates, levels of segregation and income disparities. The Committee requests the Government to provide on a continuing basis information on the progress made in addressing inequalities between men and women in the labour market measured against these indicators, including relevant statistical data and the Government’s analysis thereof. The Government is also asked to continue to provide information on the measures taken by the competent ministries and the public employment services to promote the equal participation of men and women in vocational training and employment and occupation, including measures taken to addressed sex-based labour market segregation (horizontal and vertical) and to promote a reconciliation of work and family and a more equitable sharing of family responsibilities.

4. Workplace measures. The Committee notes that under section 22 of the Equal Treatment Act, specific measures to promote equality at work aiming to prevent or compensate for disadvantages linked to any of the prohibited grounds covered by the Act are not considered to be discrimination. The Committee notes that such positive measures can be taken in laws and regulations, but also at the enterprise level or in collective agreements. It this context, the Committee recalls its previous comments on the employer’s obligation to consult with works councils on measures to promote gender equality and the possibility to conclude workplace agreements in this respect. It notes that the Government was not able to provide information on the extent to which such consultations are in fact being held and whether any such workplace agreements have been concluded. The Committee emphasizes that proactive action at the enterprise level is an important element of any effective strategy to promote gender equality at work. It requests the Government to provide detailed information on the extent, nature and impact of the measures taken at the enterprise level, through consultations between management and works councils and workplace agreements or through collective bargaining, with a view to promoting gender equality in employment and occupation.

5. Part-time work. The Committee notes with interest that amendments in 2004 to the Maternity Protection Act and the Paternity Leave Act (Federal Gazette No. 64/2004) introduced an entitlement to part-time work until an employee’s child has reached the age of 7 years or enters primary school, under the condition that the employee has been working for at least three years with the same employer and the enterprise has more than 20 employees. The Committee notes the Government’s statement that this measure promotes equality of opportunity and treatment in accordance with the Convention as the right to part-time work was granted to men and women. However, the Committee also notes that in 2003, the ratio of women in part-time work was as high as 37 per cent, while that of men was only 3.8 per cent. According to the 2004 research report "Qualified part-time work in Austria", part-time work occurs more often at lower levels of employment and it is widely perceived as an obstacle to career development. The Committee also notes that women mainly work part-time to carry out family responsibilities, while men tend to work part-time in order to obtain additional training or in the absence of full-time work opportunities. The Committee acknowledges that part-time work is an important tool to reconcile family and work, but it stresses that measures should be taken to ensure that reliance on part-time work does not reinforce or exacerbate existing gender inequalities in the labour market. The Committee requests the Government to provide information on any measures taken to increase men’s share in part-time work and to secure qualifications and career opportunities for part-time workers. The Committee hopes that the Government will undertake an assessment of the impact of the new part-time entitlement on the enjoyment of equality of opportunity and treatment of women and men in employment and occupation and to provide the results of such an assessment to the Committee.

6. Equality of opportunity and treatment on the grounds of race, colour, and national extraction. The Committee notes that according to the official labour market data for 2004, the rate of registered unemployment for non-nationals was 10 per cent (10.6 for men and 9.1 for women), with a rate of 13.2 per cent for Turkish nationals. In comparison, the unemployment rate for the entire population was 7.1 per cent. It also notes from the Government’s report that through eight development partnerships within the European Community EQUAL initiative activities are being implemented to combat racism and xenophobia in the labour market. These partnerships are made up of a variety of partners, including workers’ and employers’ organizations. Finally, the Committee notes that the Government’s report does not provide any information in respect to the situation of the Roma in reply to the Committee’s previous comments. The Committee requests the Government to provide detailed information on the employment situation of persons with an ethnic minority background, in particular migrants and the Roma, and the specific measures taken by the Government to promote their equality of opportunity and treatment in employment and occupation. The Government is also requested to provide more information on the implementation, results and impact of the development partnerships to combat racism and xenophobia in the labour market under the EQUAL initiative.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

1. The Committee notes the detailed information provided by the Government in reply to its general observation of 2002 on the issue of sexual harassment, outlining the relevant legal provisions covering private and public employment. The definition of sexual harassment for the private and the public sectors includes both quid pro quo and hostile working environment. The Committee notes that 21 per cent of the contacts made in 2001 with the Ombudsman for Equal Opportunities concerned sexual harassment and that most of the 22 new applications made to the Equal Opportunity Commission in 2001 were complaints against sexual harassment.

2. Further to its previous comments and the Government’s denunciation of Convention No. 89, the Committee notes that Federal Act No. 122/2002 repeals the prohibition of night work of women in order to promote equal opportunity and treatment between women and men. It also notes the existing legislative provisions to ensure that women would not be disadvantaged by the new situation. For instance, in the absence of a collective agreement, working hours are subject to agreement between the worker and employer (section 19c of the Hours of Work Act) and persons performing night work can request a transfer to day duties when this is required, taking into consideration necessary childcare responsibilities for children up to 12 years of age (section 12b(2)(2) of the Hours of Work Act). The Committee requests the Government to provide information on the impact and operation of the new provisions of night work on the employment situation of women.

3. The Committee recalls that section 197b of the Agricultural Labour Act and section 92b of the Organization of Work Act oblige the employer to consult with work councils on measures to promote women, including through the accommodation of family responsibilities and the possibility of workplace agreements in this regard. It reiterates its request to the Government to provide information on the application of these provisions in practice, including the extent to which such workplace agreements are being concluded. With regard to section 9(1) of the Federal Equality of Treatment Act, dealing with the composition of appointment commissions, the Committee asks the Government again to indicate whether any thought has been given to a possible amendment of this section to provide for equal representation of men and women in such commissions, wherever possible.

4. The Committee notes from the Government’s report that women continue to be disadvantaged in the labour market as compared to men due to their concentration in a few sectors and occupations, limited occupational choices, low income, lower levels of qualification, fewer career opportunities, employer-held stereotypes, need to interrupt careers for "typically female" household and childcare responsibilities, and lack of childcare facilities. In this context, the Committee notes the publication "Gender-specific disparities", which contains extensive statistical data and analysis with regard to the situation of men and women in society, including in education and employment and concerning family responsibilities for the year 2000 and earlier. The Committee hopes that such information could be provided also for the subsequent years in order to allow the Committee to assess more recent developments and the impact of measures taken with regard to the application of the Convention. Noting the information provided on the policies followed and measures taken by the Ministry of Economy and Labour and the public employment service to promote women’s employment and to address inequalities, the Committee requests the Government to provide similar information in its future reports.

5. Noting the introduction of the childcare benefit in 2002, the Committee asks the Government to continue to provide information on the impact of this measure on equality of opportunity and treatment of women with regard to employment and occupation.

6. The Committee notes the findings of the research project "Qualified part-time work in Austria. Status quo and potentials", annexed to the Government’s report. It notes that part-time work is relatively uncommon among men and that only 15 per cent of the women in part-time employment interviewed performed highly qualified or leading positions, compared to 45 per cent of male part-timers. The Government is asked to provide information on the follow-up to this study with regard to ensuring that the objectives and requirements of the Convention are fully taken into account, when promoting part-time employment.

7. The Committee notes with interest that a fourth regional office of the Ombudsman for Equal Opportunities has been established in 2002 for the province of Upper Austria. Please continue to provide information on the activities of the various bodies of the national equality machinery, including any court decisions on equal treatment.

8. The Committee notes the various initiatives undertaken to promote training and employment of the Roma and asks the Government to continue to provide information concerning this ethnic minority, including statistical information on their level of education and labour market participation. The Committee also reiterates its previous request to the Government to provide information on how the employment situation of all ethnic minorities, including persons of immigrant background, is monitored, so 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 provide information on the implementation of the EQUAL Community initiative with regard to racism and xenophobia in the labour market.

9. The Committee notes that the Ministry of the Economy and Labour is currently preparing a bill amending national equality legislation to implement the three recent EU directives on equality for adoption in the Council of Ministers and consideration in Parliament in autumn 2003. The Government is asked to keep the Committee informed of the progress made in this regard.

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

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the detailed information contained in the Government’s report and the numerous documents attached to it. It thanks the Government for the information supplied which replies to its previous direct request.

1.  The Committee notes with interest the adoption of amendments to the Act on the Employment System, as well as to the Equality of Treatment Act. The former gives the works council greater rights to be involved in measures to promote women in firms and to reconcile work and family life (amendment BGB1. No. 108/1979). The latter provides for the establishment of regional legal assistance offices for equality of treatment, the reimbursement of costs for persons giving evidence to the Commission for Equal Treatment and the establishment of sexual harassment by a third party (colleague or client), even when the employer has not failed in his obligations (BGB1.I, No. 44/1998). It notes that under this amendment a regional bureau for equality of treatment has been established by decree of the Federal Chancellor for the Länder of Vorarlberg, Tyrol and Salzburg. The Committee requests the Government to continue to supply information on these institutions and any others established to promote equality and non-discrimination. It also requests the Government to include detailed information on any complaints and judicial decisions handed down in connection with application of the Convention.

2.  The Committee notes that discussions are continuing between the social partners and the Government in regard to "major" amendments to be made to the Act on Equal Treatment; these relate to the burden of proof and fines imposed in cases of breach of the law, in parallel with the evolution of European legislation. It requests the Government to keep it informed on the developments and adoption of these amendments.

3.  The Committee notes with interest the activities of the Employment Service, in particular the National Employment Action Plan which places emphasis on the promotion of women’s skills and competence and the reconciliation of work with family life. It notes with interest that the concept of equality of treatment is widely incorporated in the various federal policies, of which the National Employment Action Plan is a part. It also notes that these measures, particularly those concerning family responsibilities, have already had a positive impact on women’s participation in the labour market. The Committee also notes with interest the measures for promotion and incorporation in the labour market in regard to disabled persons.

4.  The Committee thanks the Government for the statistical data contained in the report of the central administrations on development of the situation regarding equality of treatment and the promotion of women in the civil service. It notes that the distribution of men and women in most spheres of the civil service seems to tend towards equal representation. It notes that, even for university teachers, there is a slight increase in the proportion of women, although this still remains too low. The Committee requests the Government to continue to supply statistical information, including statistics on the participation of women in various posts and occupations.

5.  The Committee notes the experts’ report concerning discrimination in apprenticeship (Annex No. 5), which affirms that young women are still discriminated against in access to, and treatment during, apprenticeship, particularly in the types of occupation traditionally considered as "men’s occupations". It also notes that one of the reasons put forward by employers in regard to their reluctance to employ young women is the prohibition on night work for women. The Committee notes that measures contained in the National Employment Action Plans for 1998 and 1999 (attachments Nos. 9 and 10) for the promotion of women’s employment also correspond to the experts’ recommendations in this report on discrimination in apprenticeship. Here the emphasis is placed on education and awareness intended to counter sexist stereotypes and to promote financial and fiscal incentives for the employment of women, measures for reconciling work and family life and, finally, the preparation of sexually neutral legislation on night work. The Committee notes that the National Employment Action Plan for 1998 provides for adoption of this legislation by 2001 at the latest and requests the Government to inform it on progress in this matter as well as on the application of the above measures.

6.  The Committee notes that the Government continues having to combat acts of racism, anti-Semitism and xenophobia perpetrated by extreme right groups in the country. The Committee notes that the National Employment Action Plan for 1999 includes measures designed to encourage the integration of ethnic minorities, prepare assistance measures to reduce obstacles to their access to employment and improve their living conditions. The Committee requests the Government to supply with its future reports information on discrimination observed in employment based on criteria of race, colour, national extraction or religion and on the special measures adopted to combat such discrimination.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the Government's reports and the numerous documents annexed to it. The Committee thanks the Government for the information supplied which answers its previous direct request concerning means of redress for discriminatory dismissals for political opinion or religion.

1. Discrimination on the basis of sex. The Committee notes the detailed information provided by the Government, in particular in reply to the Committee's previous comments namely the five-yearly report on the development of equality in the country presented to the National Assembly; the biennial report of the central agencies on the status of equality of treatment and the promotion of women in the public service; the biennial report to the National Assembly on the elimination of discriminatory measures concerning women; the activities report for 1995 of the Legal Aid Service as regards equal treatment; and the 1995 activities report of the Commission for Equal Treatment. Since these reports were received just before the Committee's session and are in a language other than the working languages of the Office, the Committee has not been able to examine the substance of each of them, but notes in general that they relate the progress in women's access to public sector employment and improved terms and conditions of work. In particular, it notes the statistics given on the increased number of women in higher public service posts; on the other hand, the data on women's vocational and university training, are not as encouraging: to cite but one example, as regards higher teaching staff, at the level of two types of university professor, 3.4 per cent to 6.2 per cent are women whereas 96.6 per cent to 93.8 per cent are men. It asks the Government to transmit with its next report a copy of the 1996 report of the Commission for Equal Treatment, which is to discuss apprenticeships.

2. The Committee recalls that, in its previous comments, it requested the Government to supply details on how the Equality of Treatment Act was fully implemented in agriculture or forestry sectors, which are under the jurisdiction of the Länder. It notes with interest that, apart from Burgenland, all the Länder have adopted in their own laws as rigorous provisions as the federal Equality of Treatment Act regarding discrimination on the basis of sex. In reality, this means that they have regulations introducing administrative fines for instances of sex-based discrimination in job offers for workers in agriculture and forestry.

3. Regarding the adoption of texts relating to the application of the Convention, the Committee notes that one of the amendments to the Act on Collective Labour Relations, adopted since the previous government report, aims at, inter alia, ensuring the adequate representation of women workers when nominations are made for the Austrian members of the Special Bargaining Committee (a body created by European Directive 94/45/CE of 22 September 1994 to set up a European Enterprise Committee for those enterprises having Community coverage). This Committee is responsible for determining, in writing, with the central board of the enterprise the scope, composition, functions and length of mandate of the European works committees, or the arrangements for putting in place a procedure for consulting and informing their employees. It notes with interest the draft amendments to the Equality of Treatment Act, in particular, those concerning regionalization of the system of legal aid offices for equal treatment; reimbursement of certain expenses for persons who appear before the Commission for Equal Treatment; the inclusion of provisions according to which sexual harassment would be committed by third parties (colleagues or clients) even if the employer had not failed in its obligations; and provisions lifting time-limits for lodging complaints of violation of equal treatment. The Committee asks the Government in its next report to inform it of the adoption of these various legislative drafts, and to provide a copy of the amendments once adopted.

4. In reply to the statement of the Federal Chamber of Labour that the level of damages compensation for injury resulting from a violation of the principle of equal treatment in employment under the Equality of Treatment Act, is insufficient and that the proposal to reverse the burden of proof was not accepted, the Government states that, in addition to other minor draft amendments to that Act, described above, the social partners and the Government have agreed to begin discussions on a "major" revision of the Act. This revision would amend the provisions relating to the burden of proof and the amount of fines for violation of the Act. However, this revision will not be able to be started until the European Union adopts a firm position on the question. The Government points out that a draft directive on the burden of proof in cases of sex discrimination is currently being debated within that body. The Committee asks the Government to inform it in its next report of any developments concerning this point.

5. Regarding the measures to eliminate occupational segregation on the basis of sex, the Committee notes the information, including the statistics, supplied by the Government on the numerous activities of the Labour Market Service in favour of promoting equal opportunity and treatment for women. They include: the creation of a special information programme for girls aimed at impressing upon them the need to make a good choice of employment and vocational training and to assist and advise them; special measures to improve employment opportunities for women with children; the financing (100 million shillings annually) of the 1996 national campaign, continued in 1997, to encourage women who wish to re-enter the labour market; financial incentives (benefits, responsibility for part of the remuneration) with a view to assisting the integration or reintegration in the labour market of certain groups of workers, most of whom are women (persons with disabilities, belonging to certain age groups or returning after maternity leave); the increase in the number of counselling centres for girls and women; and the efforts of the Labour Market Service to ensure that, in accordance with the Equality of Treatment Act, job offers do not specify that the candidate be of a particular sex. The Committee encourages the Government to continue to supply information on the activities of the Labour Market Service in promoting equal opportunity and treatment between men and women and would like to receive details of the results obtained with regard to occupational segregation in the labour market.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's detailed reports and the documentation attached, and notes with interest the envisaged gradual increase in the legal age for early retirement and old-age pension entitlements for women to harmonize it with that of men (65), thereby giving effect to the 1990 Constitutional Court decision.

1. Discrimination on the basis of sex. The Committee notes the recent amendment of the 1979 Equality of Treatment Act, introducing administrative penalties aimed at private and public procurers of labour for offences against the prohibition of sex discrimination in job advertisements of up to 5,000 schillings. The fine, the amount of which is to be determined in implementing legislation in each state (Land), shall be imposed by the district authorities following a complaint by a job applicant or a district public attorney for equal opportunities. The Committee asks the Government to indicate whether all Länder have enacted such implementing legislation and to supply information on the number and nature of any cases where such a complaint was made, as well as their outcome. Furthermore, it would be grateful if the Government would provide copies of any judicial decisions in which reference is made to discrimination of this kind.

In addition, the Committee notes from the Government's report that 27.6 per cent of job advertisements make no reference to sex, which is an increase of 2.6 per cent in relation to the last data; 35.5 per cent of advertisements are specifically directed towards women and 36.9 per cent towards men. The Committee would like to receive a copy of the guidelines explaining neutral procedures in job advertising, if possible in a working language of the ILO, once they are published. It also asks the Government to keep it informed of any changes in the percentage of job advertisements which continue to specify the preferred sex of the applicant, particularly in view of the comment received from the Federal Chamber of Labour (citing parliamentary questions) that gender-specific terms were even found in job offers of the Labour Market Service, including the phrase "No women need apply".

2. The Committee notes that 40 cases were reported to the Equality of Treatment Committee between the date of its transfer to the Federal Chancellery (January 1991) and May 1994, 32 of which have been dealt with. According to the Government's report, 14 of the cases lead to a written proposal to the employer of means to bring its practices into conformity with the Equality of Treatment Act. The Committee would be grateful if the Government would continue to supply information on the outcome of cases involving allegations of sex discrimination dealt with by the Equality of Treatment Committee or the courts. It is particularly interested in this information in view of the Federal Chamber of Labour's comment, following the Constitutional Court ruling of 3 March 1994 which amended section 2(6) of the Act by deleting the requirement "to comply with the instructions of the Equality of Treatment Committee", that the Committee's decisions, despite its many years of specific experience in this field, are treated as "soft law". The Government replies to this comment by stating that the Committee's mediation power is different from the enforcement powers of the courts in accordance with the constitutional principle of separation of powers.

3. The Committee notes with interest the details supplied on the establishment of various programmes for providing vocational training and guidance to women, and the Government's intention to formulate procedures for collection of data so as to evaluate the number of women who find jobs through these programmes. Noting, however, the concern of the Federal Chamber of Labour that the measures of the Labour Market Service in this area should not only be evaluated quantitatively, but also qualitatively, the Committee asks for further details on the average duration of the training programmes, the certificates of completion granted and, if possible, on the entry of trained women into the labour market. As an action programme for equal opportunities for girls in education, training and occupation is under way, the Committee asks the Government to supply a copy of the Equality of Treatment Committee's report (or extracts in a working language of the ILO) on discrimination in apprenticeship, to which it refers in this connection in its report.

4. Discrimination on grounds of political opinion and religion. The Committee notes with interest the decision of the Supreme Court of 11 August 1993 in which the Court stated that an action for nullity of dismissal could be brought under section 879 of the General Civil Code where the grounds for the dismissal could be regarded as immoral (Sittenwidrig). This would allow for appeals against decisions which appear to have been taken on grounds such as an employee's religion or political opinion and thus - as has earlier been pointed out by the Committee - do not fall within the scope of section 105 of the Collective Labour Relations Act. Moreover, this gives legal recourse in case of dismissal for persons working in companies with less than five employees. The Committee requests the Government to keep it informed of the development of jurisprudence with regard to this use of section 879.

5. Discrimination on grounds of race, colour and national extraction. With regard to equality of opportunity and treatment irrespective of race, colour or national extraction, the Committee notes the Government's reply that the Labour Market Service takes steps in this regard, providing special counselling, for instance, for foreigners seeking employment. Noting also the information supplied by the Government to the United Nations Committee on Economic, Social and Cultural Rights (United Nations document E/1990/6/Add.5, dated 19 October 1993) on education and training of ethnic groups, the Committee would be grateful to receive, in future reports, information on any recent measures which have to be taken to promote equality in employment, vocational training, vocational guidance and placement services under the direct control of the national authority and with the cooperation of employers' and workers' organizations and other appropriate bodies.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the amendment of the 1979 Equality of Treatment Act by Act No. 833/1992, in force on 1 January 1993, which, inter alia, expands the concept of equality of treatment and improves enforcement through the following provisions:

- inclusion of the concept of "indirect discrimination" to clarify that an explicit reference to the sex of the employee(s) is not required for a measure to be regarded as discriminatory if it places one sex at a disadvantage;

- introduction of a claim to compensation for damages as a result of violations of the principle of equal treatment in the establishment of the employment relationship (up to two months' salary) and in career advancement (up to four times the difference between the salary paid and that which would have been paid after promotion);

- introduction of an opportunity to appeal against termination of or dismissal from employment which results from a violation of the principle of equal treatment;

- incorporation of sexual harassment by the employer or by a third party followed by inaction of the employer, in the coverage of discrimination on grounds of sex on the basis of which a claim for compensatory damages can be made;

- introduction of administrative penalties for breach of the requirement that advertisements for employment shall be gender-neutral; amd

- creation of an obligation to display the Equality of Treatment Act in the workplace.

Noting from the 1990 amendment to the principal Act that a five-yearly report will be made to the National Assembly on the development of equality in the country, the Committee requests the Government to send a copy with its next report.

2. The Committee notes that the Federal Chamber of Labour is of the opinion that the amount of damages compensation introduced by Act No. 833/1992 is insufficient. The Federal Chamber points out that a proposal by trade unions and the Federal Chamber of Labour for reversal of the burden of proof has not been accepted. The Committee asks the Government to comment specifically on these points.

3. The Committee notes with interest that Federal Act No. 100/1993 on the Equality of Treatment of Men and Women and the Promotion of Women in the Federal Service, in force on 13 February 1993 and amended on 1 January 1994, provides for, inter alia:

- prohibition of direct and indirect discrimination on the basis of sex in employment and training;

- listing of criteria not to be considered in hiring, including previous interruption of employment, part-time service, age and marital status and a spouse's income;

- invalidity of dismissals established as discriminatory;

- incorporation of sexual harassment in the definition of discrimination on the basis of sex;

- establishment of a Commission for Equal Treatment in the Federal Service;

- preference to be given to women for the purpose of raising the percentage of women in permanent federal service to a minimum of 40 per cent, except for those posts where a given sex is "an indispensable prerequisite for the performance of the designated work"; amd

- obligation of each central agency to report on a two-yearly basis on the status of equality of treatment and promotion of women, starting 31 March 1996.

The Committee requests the Government to inform it (with statistical data) of the progress achieved in redressing the low proportion of women in federal employment and their under-representation in high-level posts. It would appreciate receiving with the next report a copy of the first central agencies' equality reports.

4. Also in the domain of measures against sex-based discrimination in employment, the Committee notes that the Federal Act respecting the reports of the federal Government concerning the Reduction of Disadvantages for Women (No. 837/1992) requires the Government to report to the National Assembly every second calendar year (until 2018) on measures concerning working women (such as the creation of facilities to make it possible for men and women to combine family responsibilities with professional activities; socio-political measures to reduce the disadvantages for women arising from motherhood; active measures to promote women in all social spheres, in particular in the labour market, science, art and public employment; and measures to ensure adequate livelihood for women, above all in respect of old age, invalidity and unemployment). The Committee also notes the adoption of the Labour Market Service Act (No. 314/1994) which provides that labour market services shall be organized so as to establish the greatest possible equality of opportunity and that "(i) in particular, the gender-specific division of the labour market and the discrimination against women on the labour market shall be combated with appropriate intervention" (section 31(3)). The Committee asks the Government to provide copies of the most recent government report to Parliament and to inform it of any labour market interventions aimed at eliminating sex-based occupational segregation.

5. The Committee notes that, in reply to its previous observation concerning the measures taken by the Länder to give effect to the Equality of Treatment Act in respect of agricultural and forestry workers, the Government points out that all Länder have adopted the prohibition of sex-based discrimination in their implementing legislation, and all except three have given effect to the stronger enforcement amendments of Act No. 833/1992 by making the required changes in their law.

However, the information supplied by the Federal Chamber of Labour on the number of Länder which have given full effect to the amended Act conflicts with that of the Government, and the Federal Chamber of Labour considers that the Government's authority in respect of the failure of the Länder to enact implementation laws is limited as a result of article 12 of the federal Constitution (division of legislative powers between the federal and state jurisdictions). The Committee consequently asks the Government to provide details regarding its efforts to ensure that the Equality of Treatment Act is fully implemented in the fields of agriculture and forestry.

6. The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee refers to its observation. It notes the Government's report and the documentation which was attached in reply to certain points raised in its previous direct request.

Article 1, paragraph 1(a), of the Convention Discrimination on the basis of sex

1. Access to training. The Committee notes the various measures described in the report in relation to the growing access of women to training, and in particular the increase in the number of vocational guidance centres and the pilot projects for the young. It would be grateful if the Government would keep it informed of the progress of these projects and their success. The Committee notes that 81 training courses and 67 guidance courses have been established especially for women. It welcomes their broad success with women workers, the collaboration of private enterprises in the projects and the results obtained with regard to finding employment, mainly in the technical and commercial fields. The Committee notes that procedures will be formulated for the collection of data in order to be able to evaluate precisely the number of women who find jobs through these programmes and it would be grateful if the Government would supply this information as soon as it is available.

2. The Committee notes that the report states that 25 per cent of job advertisements make no reference to sex, which is an increase of 5 per cent in relation to the last report. Thirty-nine per cent of these advertisements are specifically directed towards men and 36 per cent towards women. In order to guarantee observance of the law, which prohibits discrimination in job advertisements, the Committee notes that centres called "Auftragszentralen" have been established for enterprises for the purpose of providing information and assisting enterprises to respect the Equality of Treatment Act and that the Equality of Treatment Committee has undertaken a vast information campaign. The Committee would be grateful if the Government would continue to keep it informed of the measures which have been taken to ensure observance of the principle of equality of treatment, as well as of any changes in the percentage of job advertisements which continue to specify the preferred sex of the applicant. It once again requests the Government to supply copies of any judicial decisions in which reference is made to discrimination of this type.

3. Terms and conditions of employment. The Committee notes the detailed information supplied by the Government concerning the effect given to the decision of the Constitutional Court of 1990, in which the determination of any difference of age for pension entitlements between men and women was declared unconstitutional, and its repercussions on the law governing the age of entitlement to pensions. The Committee notes that the necessary legal changes have not yet been commenced in view of the need to act in parallel with the general revision of the pension system; the Committee expresses its concern at the fact that an amendment to the Constitution maintained the legality of age differences in this context until 31 December 1992. The Committee would be grateful if the Government would keep it informed of the action taken during 1993 on this point.

4. Enforcement of equality provisions. The Committee notes that, under the terms of the Equality of Treatment Act, with regard to the compensation of any violation of its provisions relating to equality of treatment, 23 complaints have been submitted and the procedures completed concerning 14 of them. The Committee once again requests the Government to supply information on the contents of the catalogue concerning current discriminatory practices in employment which has been drawn up by a working group on national law as it affects women. It requests the Government to continue to supply information in this respect in future reports.

Article 1, paragraph 1(a), of the Convention Other grounds of discrimination

5. The Committee recalls its previous comments concerning the fact that it is impossible to appeal to the courts in the event of dismissal on grounds of political opinion or religion, despite the protection provided by the Constitution, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee notes that, according to the Government, there have been no changes in this respect since its last report. The Committee therefore once again requests the Government to supply information on appeal procedures in the event of discrimination on the grounds of religion or political opinion, such as procedures before the Administrative Tribunal (when the complaint concerns illegal action taken by the public authorities) or the Constitutional Court (in the case of a request to declare null and void a federal or provincial law).

6. With regard to equality of opportunity and treatment without distinction made on the basis of race, colour or national extraction, the Committee once again requests the Government to indicate the measures which have been taken to promote equality:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and education programmes; and

(c) through cooperation with employers' and workers' organizations and other appropriate bodies.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes with interest that, in reply to its previous observation concerning the measures taken by the Länder to give effect to the Equality of Treatment Act, 1979, in respect of agricultural and forestry workers, the Government points out that the following Länder have amended their labour legislation in this respect: Upper Austria, Tyrol, Vienna, Lower Austria, Salzburg, Carinthia (Kärnten) and Vorarlberg.

2. It also notes the comments of the Federal Chamber of Commerce which, with regard to the Equality of Treatment Act, calls for reports on the equality achieved in practice in enterprises to be submitted on a more regular basis. The Committee requests the Government to comment specifically on this point.

3. Further to its previous comments on the impact of the new provisions of the Equality of Treatment Act, and particularly with regard to the positive measures adopted and mediation activities available through the statutory bodies, the Committee notes with interest that the Equality of Treatment Committee has been transferred from the authority of the Ministry of Labour and Social Affairs to that of the Federal Chancellery (Federal Ministry of Women's Affairs) and continues to undertake a wide range of activities to promote equality of opportunity and treatment. The Committee requests the Government to continue supplying information of this type on the application of the Equality of Treatment Act.

4. The Committee notes from the Government's report that substantial amendments to the Equality of Treatment Act (with the intention, among other measures, of including sexual harassment as a form of discrimination, and the adoption of heavier penalties in the event of violations of the Act, including discriminatory advertisements of job vacancies) are currently being debated by the Parliament. It requests the Government to keep it informed of the progress achieved in respect of this draft amendment and to supply a copy of the text which is adopted.

5. It also notes the information contained in the report on an Equality of Treatment Bill for federal state employees (Bundesbedienstete) to prohibit any discrimination against women with respect to access to employment, promotion and other conditions of employment, and to promote special measures designed to increase the proportion of women staff to 50 per cent. It requests the Government to keep it informed of developments with regard to this Bill and to supply it with a copy of the text.

6. In this context, the Committee would be grateful if the Government would keep it informed of the progress achieved in the adoption of another Bill to amend the Act respecting the promotion of the labour market, in accordance with which special measures would be implemented respecting the employment of women with a view to eliminating any discrimination relating to the employment opportunities and treatment of women workers.

7. The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the report of the Government and the attached documentation. It thanks the Government for transmitting the statistical information and the report on the evaluation survey on the Women's Advancement Programme in the Federal Civil Service supplied in reply to its previous direct request.

A. Equality of opportunity and treatment between men and women

1. Access to training. The Committee notes the various measures set out in the report with respect to increasing women's access to training. In particular, it takes note of the programme of "Labour Market Administration for Women" which contains skills-training measures including the establishment of a new grants system to promote late vocational training for adults for which a notice aimed specifically at women in search of employment was published, the development of new training possibilities in both traditional and non-traditional occupations for unemployed women, and the provision of measures such as child-care assistance to increase women's participation in all courses. The Committee also notes the activities carried out by the regional employment services to increase women's access to technical training including publicity and information efforts, introductory and career orientation course offerings, advice centres for girls and women and the continuation of the sponsorship programme. The Committee also notes that elements of other more comprehensive programmes such as "Aktion 8000" include activities which promote women's access to vocational training.

2. The Committee notes that many of the above described efforts are aimed at increasing women's participation in non-traditional occupations. It recalls the importance of taking such measures in vocational training and guidance for the promotion of equality of opportunity and treatment in employment and occupation and requests the Government to supply information on the number of women participating in such courses, the results achieved in training women for both traditional and non-traditional jobs and the success rate of their gaining entry to such jobs after completing the training.

3. The Committee notes from the statistics provided by the Government that women's percentage rate of unemployment has increased over that of men in 1990. It would therefore underline the importance it places on the above described efforts aimed at unemployed women and requests the Government to supply information on the results achieved in the employment rate of women who have completed the training.

4. Access to employment. With reference to its previous comments concerning non-discriminatory vacancy offers, the Committee notes the Government's statement that sanctions were not included in the amendment of the Equality of Treatment Act, for violation of the principle that job advertisements may not specify that only members of one sex will be considered, on constitutional grounds. The Committee would be grateful if the Government would provide a more detailed explanation of the legal basis for this position.

5. In practice, the Committee notes from the Government's report that job vacancies advertised in the Labour Market Administration (AMV) contain no reference to the sex of the potential applicant except in cases where a person's sex is an inherent requirement of the job such as where regulations impose restrictions on employing men or women. It would be grateful if the Government would indicate other positions wherein the criterion of sex is deemed to be a genuine occupational qualification sufficient to justify offers of employment to members of only one sex.

6. The Committee asks the Government to provide information on the percentage of vacancy announcements which continue to specify the sex of the applicant sought and the measures taken to ensure that the legislative provisions prohibiting discriminatory vacancy offers are respected. It also requests the Government to supply copies of any court decisions in which the issue of discrimination in job vacancy advertisements has been raised.

7. Terms and conditions of employment. The Committee notes the provisions of section 2, paragraph 2, in the amendment to the Equality of Treatment Act, to ensure that the criteria used in collective agreements in the formulation of criteria to assess work performed by women and that performed by men for purposes of wage determination should not be discriminatory. The Committee requests the Government to provide full particulars on the application of these new provisions so that they may be examined together with the information provided by the Government under Convention No. 100 on equal remuneration. It also requests the Government to provide information on the work of the committee set up under the Equality of Treatment Committee to ascertain whether the classification criteria for the different wage groups contained in the collective agreements permit discriminatory practices, and to supply any recommendations and conclusions formulated by this committee.

8. The Committee notes the measures indicated in the report to assist workers with family responsibilities including those aimed at self-employed mothers, the improvement of child-care facilities, the granting of child-minding allowances and provision for part-time work.

9. The Committee notes from the information in the Government's report that as from 1 January 1990, married mothers are also entitled to grants of special emergency aid pursuant to section 39 of the Collective Labour Relations Act.

10. The Committee notes that in a decision of the Constitutional Court on 6 December 1990 different ages for pension entitlement between men and women were declared unconstitutional. It requests the Government to provide full particulars on the decision including the resulting changes in the law on pension entitlement ages.

11. Enforcement of equality provisions. The Committee notes from the Government's report that the recent amendment to the Equality of Treatment Act established various regulations concerning compensation for infringement of the requirements of equality of treatment including the victim's right to claim and receive higher wages, social contributions, inclusion in a training scheme or damages for breach of trust. It requests the Government to provide information on the application of these new provisions in practice including statistics on the number of complaints made under the Equality of Treatment Act, as amended, to both the Equality Committee and directly to the courts, and the disposition of the cases including the types and amount of compensation awarded.

12. With respect to its previous comments concerning reprisals the Committee notes the information provided by the Government concerning the protection afforded against dismissal under the 1986 amendment to the Labour Code. It requests the Government to indicate the manner in which claimants alleging violations of the principle of equality are protected against reprisals other than dismissals.

13. The Committee notes the report on the cases investigated by the Equality of Treatment Committee and requests the Government to continue to supply information on such cases in the future.

14. Studies and publications. The Committee notes from the Government's report that within the context of a working group on labour law in relation to women, an attempt will be made to draw up a catalogue of current discriminatory practices and proposals for statutory solutions in accordance with the principle of equality of treatment and non-discrimination. The Committee would be grateful if the Government would supply information on the contents of the catalogue and proposals elaborated by the committee.

15. The Committee notes the publication of Volumes 15-18 in the series of publications entitled "The goal is equal treatment". It would be grateful if the Government would supply copies of these volumes along with any future publications in this series.

16. The Committee also notes the publications transmitted to the Office, including the in-depth study on "Disparities in the living conditions of men and women in Austria", as well as the reports on "Being ill is not on" and "Hard work - Low pay". It requests the Government to continue to supply studies undertaken in the field of the Convention.

B. Article 1(a) of the Convention - Grounds of discrimination

17. The Committee recalls that in previous comments it has referred to information from the Austrian Congress of Chambers of Labour indicating that mainstream case law does not admit the possibility of appealing to courts in the event of dismissal on grounds of political opinion or religion, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee requested the Government to indicate in detail how, within the framework of national policy, equality of opportunity and treatment is guaranteed without distinction on grounds of political opinion and religion.

18. The Committee notes the reply in the Government's report that dismissal on grounds other than those contained in the Collective Labour Relations Act, i.e. political or religious grounds, may not be contested under established legal practice and that a draft amendment to this section which contained a comprehensive protection against wrongful dismissal on political or religious grounds could not be adopted. It notes that no information was provided on the existence of any other guarantees against discrimination in employment or occupation on the grounds of political opinion or religion.

19. The Committee hopes the Government will be able to indicate in its next report the measures which exist to protect against discrimination in employment and occupation on the above-mentioned grounds in accordance with the provisions of the Convention.

20. The Committee requests the Government to provide information on the measures taken to promote equality of opportunity and treatment on the grounds of race, colour and national extraction in accordance with the Convention. In this context please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and education programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental groups.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes with interest the amendment of the Equality of Treatment Act by the Federal Act of 27 June 1990, BGB1 No. 410, which, inter alia, expands the equality of treatment requirement and improves enforcement through the following provisions:

-.the extension of the equality of treatment requirement to all aspects of employment, in particular to the commencement of employment, promotion and career advancement and the termination of employment;

-.the stipulation that the equality of treatment requirement must be observed in the fixing of remuneration under collective bargaining agreements: such agreements should not provide for criteria for the evaluation of women's and men's work in such a way as to lead to discrimination;

- the establishment of compensation regulations to cover infringements of the equality of treatment requirement;

- the introduction of a special regulation regarding the burden of proof to the advantage of the complainant: workers or applicants for posts need only present prima facie evidence of discrimination and need not prove discrimination;

- the introduction of the possibility of "positive action" through special temporary measures to accelerate the realisation of de facto equality of treatment for men and women;

- the establishment within the Equality of Treatment Committee of the Office of Ombudswoman for Equality of Treatment Questions from whom women can seek advice; and

- the introduction of a requirement for the Minister of Labour and Social Affairs to report to the National Assembly.

The Committee requests the Government to report on the impact of these new provisions on the promotion of equality of opportunity and treatment between men and women and to provide information on the measures taken to implement them, including the adoption of positive action measures and the work of the ombudswoman.

2. According to the Government, the above-mentioned provisions represent mandatory principles for agricultural and forestry workers in respect of which the individual federal Länder may issue enforcement laws. The Committee notes with interest from the information in the Government's report that an amendment to the Ordinance concerning agricultural labour of 1985, LGB1 No. 11/1986, in the region of the Tyrol has introduced a comprehensive set of regulations for the prevention of discrimination between men and women employed in agriculture and forestry.

The Committee requests the Government to furnish information on the measures taken in the other federal Länder. 3. The Committee notes with interest the adoption of the Parental Leave Act, Federal Act of 12 December 1989, BGB1 No. 651, which allows each parent the possibility of claiming unpaid leave and receiving an allowance up until the end of the child's first year (second year if the child is born after 30 June 1990). It takes note of the Government's statement that this Act has positive effects on the employment of women by offering men the chance to look after their children from the beginning.

4. The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its observation on this Convention, the Committee notes the information supplied by the Government in its report and the comments made by the Austrian Congress of Chambers of Labour.

A. Equality of opportunity and treatment between men and women

The Committee notes the information supplied by the Government in its report on the application of the provisions of the Equality of Treatment Act of 23 February 1979, as amended by the Act of 22 June 1985.

1. Access to training. The Committee previously noted the programme launched in 1986 to encourage and improve vocational training for women. The Committee notes the information supplied by the Government on the measures that have been adopted in the context of this programme: the establishment of counselling centres for women on non-traditional trades and training programmes in these trades, and subsidies for initiatives and projects developed by women. The Committee also notes that several Ministries have adopted a programme of action over several years, called "Daughters can do more", which is to improve the choice of occupation and the vocational situation of women through the provision of information (particularly on technical training), counselling, etc. It also notes the activities concerning the dissemination of information and the provision of counselling undertaken by the National Labour Office, in collaboration with schools, in order to guide women towards non-traditional occupations.

The Committee notes with interest the various measures intended to combat occupational segregation in training. It also notes, however, the comments of the Austrian Congress of Chambers of Labour to the effect that the concentration of women in certain training courses is continuing, and that 90 per cent of the women who undertake training are concentrated in only 10 per cent of the branches of apprenticeship. The Committee refers to paragraphs 82 to 85 of its 1988 General Survey on Equality in Employment and Occupation, in which it has indicated that discriminatory practices in respect of access to training commonly arise out of practices that are based on stereotypes affecting mainly women. Vocational guidance is intended to play an important part in opening a broad range of occupations free of considerations based on stereotypes or archaic conceptions according to which specific trades or occupations are supposedly reserved for persons of a particular sex. The Committee requests the Government to continue supplying information on the measures that have been adopted and the results obtained in the field of equality of opportunity and treatment in training, and particularly on the outcome of the programmes referred to by the Government. It requests it in particular to indicate the measures that are continuing to be taken to encourage the access of women to technical training courses, since these measures require action both with regard to motivation and the supply of training. In this respect, it also requests the Government to supply statistics, including data on the number of apprenticeships offered by employers and the number of girls who have obtained them in comparison with the total number of young persons.

2. Access to employment. The Committee referred previously to the provisions of the Equality of Treatment Act, as amended, concerning non-discriminatory vacancy offers. The Committee notes the Government's indications to the effect that the non-observance of the obligation to be neutral in vacancy offers is not subject to any penal sanctions. Although the number of non-discriminatory vacancy offers submitted to the National Labour Office has increased, the proportion of such vacancy offers is still limited to 20 per cent. The Committee also notes the comments of the Austrian Congress of Chambers of Labour to the effect that the number of women in employment has admittedly risen, although they continue to suffer from both vertical and horizontal vocational segregation and remain confined in jobs with lower skill levels and in traditionally female sectors of the economy. These occupations provide fewer opportunities for higher skills and less job security.

The Committee refers to paragraphs 97 and 98 of the above General Survey in which it has indicated, in particular, that indirect discrimination seriously affects equality of access to occupations. The occupational segregation noted in access to training that leads to "typically male" or "typically female" trades recurs in access to these trades; even adequate training is not a guarantee of access to the occupation to which it should lead. One of the reasons for occupational segregation in access to employment may lie in the conceptions and preferences of employers being linked to general attitudes with regard to the employment of women. It can also be a result of recruitment policy by enterprises intended to deliberately restrict the number of women who are recruited. The Committee requests the Government to supply information on the measures that have been taken or are envisaged to ensure that the provisions concerning non-discriminatory vacancy offers are respected. It also requests it to continue supplying information on the measures that have been adopted to combat occupational segregation and the results obtained, and also to supply statistics on the labour market, which, as the Government indicates, have included separate figures for men and women since 1987.

3. Terms and conditions of employment. In its previous comments, the Committee referred to the survey of the discriminatory provisions that establish a distinction between the work of men and women in collective agreements, particularly with regard to certain social benefits and allowances and categories of "women's" wages. The Committee notes the information supplied by the Government to the effect that only a few distinctions still persist (for example in the food processing sector). The Government indicates that the Equal Treatment Committee has examined these distinctions and sought the opinions of emloyers' and workers' organisations, but that it has no power to intervene in collective bargaining.

The Committee also notes the comments of the Austrian Congress of Chambers of Labour that, although progress has admittedly been made, the principle of equal remuneration for work of equal value is still not applied.

The Committee refers to paragraph 118 of the above General Survey in which it indicates that equal evaluation of work and equal entitlement of women and men to all elements of remuneration cannot be achieved within a general context of inequality. It also emphasised in paragraphs 185 and 186 of the same Survey that, by prescribing that the co-operation of employers' and workers' organisations and other appropriate bodies should be sought to promote the acceptance and observance of the national policy, the Convention emphasises the necessity for active co-operation with these organisations. By using the term "co-operation", which evokes the idea of work performed jointly, the Convention goes beyond the requirement of consultation of employers' and workers' organisations. The Committee requests the Government to supply information on the progress achieved in obtaining equal remuneration for work of equal value, on the measures adopted in co-operation with employers' and workers' organisations to apply the national policy in this respect and on the measures that are envisaged to eliminate, in co-operation with these organisations, the discriminatory provisions that exist in collective agreements.

4. An amendment to the legislation. The Committee notes with interest the information supplied by the Government to the effect that the discriminatory provisions in the emergency assistance allowance (Notstandshilfe) were removed from the Act respecting unemployment insurance as of 1 July 1988.

5. Equality of treatment in the public service. With reference to its previous comments regarding the programme for the advancement of women in the public service, the Committee notes with interest the information supplied by the Government to the effect that an amendment to the Act issuing the conditions of service of the public service has introduced titles using feminine word forms and names for women public servants, that new instructions for the publication of vacancy offers are being prepared which should give preference to women by explicitly seeking applications from women, and that, since this year, women have been able to receive training as train supervisors. The fourth evaluation of the advancement programme will be submitted to the Council of Ministers in the summer of 1989.

The Committee requests the Government to continue supplying information on the programme for the advancement of women and to supply a copy of the evaluation when it has been adopted.

6. Equal Treatment Committee - sanctions. In its previous comments, the Committee referred to the role entrusted to the Equal Treatment Committee in supervising the application of legal provisions.

The Committee notes the information supplied by the Government to the effect that the Equal Treatment Committee has not yet been seised with a case concerning the observance of the provisions incorporated in 1985 into the Equality of Treatment Act. The implementation of section 6(a) of this Act, under which the Equal Treatment Committee may request an employer who is suspected of not respecting equality of treatment, to submit a written report, has been discussed at length by the Equal Treatment Committee, which has adopted measures to ensure observance of the obligation to be neutral in the publication of vacancy offers, particularly through contacts with the press. At its initiative, a reference to section 2(b) of the Equality of Treatment Act, under which instructions on the award of subsidies by the Federation must provide for the award of such subsidies only for enterprises which observe the provisions of this Act, has been included in the "Model instructions for the award of federal subsidies".

The Committee also notes the comments of the Austrian Congress of Chambers of Labour to the effect that women are reluctant to appeal to the Equal Treatment Committee for fear of reprisals, and that there is little collaboration by employers with its procedures. The absence of effective sanctions is another major obstacle to the effective implementation of the provisions of the Equality of Treatment Act.

The Committee refers to paragraphs 227 to 230 of its 1988 General Survey on Equality in Employment and Occupation, in which it has emphasised in particular the importance of establishing effective sanctions in order to punish and, above all, to act as a deterrent against any act of discrimination contrary to the guarantees laid down by the Convention. The Committee likewise emphasised in paragraph 226 of the above Survey that effective protection of the principle of equality presupposes the existence of guarantees which provide protection against reprisals to persons who complain to the competent authorities or who initiate legal action to enforce their rights.

The Committee requests the Government to supply information on any cases submitted to the Equal Treatment Committee and on the solutions to them. It also requests it to indicate whether measures are envisaged to strengthen the effective protection of the principle of equality through penal sanctions and safeguards against reprisals.

The Committee also notes that by virtue of section 2(a) of the Act of 1985, a worker may, in the event of violation of the principle of equality in training or further training, refer the matter to the Equal Treatment Committee or submit a complaint (Feststellungsklage). The Committee requests the Government to supply information on the cases submitted to the courts and the decisions taken in their respect.

7. Education programmes. The Committee notes with interest the research projects on sexual discrimination and equality of opportunity and treatment for women, for which the results and conclusions are published. The Committee notes the studies on "Sexual harassment at the workplace", "Forgotten fields of women's employment" and "International study on initiatives to provide further training for women in new technologies" and it requests the Government to supply copies of these studies. It also requests the Government to continue supplying information on education and information activities undertaken. The Committee recalls that the purpose of such measures and information is to improve awareness of the phenomena of discrimination in order to modify attitudes and behaviour and promote consideration of the right of all persons to equality of opportunity and treatment without distinction.

B. Article 1(a) of the Convention - grounds of discrimination

8. The Committee refers to the previous comments of the Austrian Congress of Chambers of Labour, which indicate that mainstream case law does not admit the possibility of appealing to the courts in the event of dismissal on grounds of political opinion or religion, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee requests the Government to indicate in detail how, within the framework of national policy, equality of opportunity and treatment without distinction on grounds of political opinion and religion is guaranteed and to supply copies of any relevant judicial rulings in this respect. The Committee also requests the Government to indicate how equality of opportunity and treatment without distinction on the other grounds of discrimination set out in Article 1(a) of the Convention, namely race, colour, national extraction or social origin is guaranteed within the framework of national policy.

The Committee also requests the Government to continue supplying information on the progress achieved and the measures that have been adopted or are envisaged in accordance with a policy designed to promote equality of opportunity and treatment without distinction.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report and the comments of the Austrian Congress of Chambers of Labour on the application of the Convention. The Committee is addressing a request directly to the Government on the points raised in these comments and on other matters.