Protection of Wages Convention, 1949 (No. 95) - Austria (Ratification: 1951)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and No. 95 (protection of wages) together.

Minimum wage

Articles 1 and 2 of Convention No. 26 and Article 1 of Convention No. 99. Different minimum wage rates for young workers. The Committee notes that in reply to its previous comments on this matter, the Government indicates in its report that the High Regional Court of Vienna has ruled on several occasions that collective agreements establishing lower minimum wage rates on the basis of age constitute a prohibited form of discrimination.

Protection of wages

Article 4 of Convention No. 95 and Article 2 of Convention No. 99. Partial payment of wages in kind. The Committee notes that in reply to its previous comments concerning section 21(1) of the Lower Austria Agricultural Labour Regulations which provides that the type, nature, and extent of partial payments of wages in the form of use of land and livestock are to be agreed upon between the employer and the employee, the Government indicates that land use and livestock farming are not treated as payment in kind under the collective agreement for agricultural workers in Lower Austria that is currently in force, which meant that even if such payment in kind were present in an individual case, deductions may not be made for it from the cash wage.

Article 15(b) of Convention No. 95. Wage statements. In its previous comment, the Committee requested the Government to provide information on how it ensured that detailed wage statements were issued for workers who are not covered by the collective agreements providing for the issuance of such statements. The Committee takes note with interest of the entry into force on 1 January 2016 of the Labour Law Amendment Act of 2015 that establishes the mandatory issuance of detailed wage statements for all employees.

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

Articles 4, 12 and 14 of the Convention. Wage payment in kind. Payment at regular intervals. Wage statements. Further to its previous comment concerning pay intervals and pay slips, the Committee notes the explanations provided by the Government, including the relevant extracts of selective collective agreements. It also notes the comments of the Federal Chamber of Labour, according to which the failure to issue wage statements frequently gives rise to problems of proof in judicial proceedings concerning outstanding pay and it would therefore be necessary to bring legislation up to date on this point. The Federal Chamber of Labour also calls for a statutory rule extending the prohibition of partial payment of wages in kind to branches of activity other than those covered by the Trade Act and the Employees Act so as to avoid legal uncertainties and inconsistencies in actual practice. Finally, the Federal Chamber of Labour refers to an accumulation of pay arrears and the fact that the vast majority of the legal proceedings in which it is involved concern wages that employers have withheld or have failed to pay on time and in full. The Committee requests the Government to indicate whether and how it is ensured that detailed wage statements are issued at the time of each payment of wages for those workers who are not covered by collective agreements. The Committee also requests the Government to transmit any comments it may wish to make in reply to the observations of the Federal Chamber of Labour.

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

The Committee notes the information contained in the Government’s report and the attached documents. It notes, in particular, the explanations on the application of Articles 10 and 11 of the Convention concerning the regular readjustment of the unattachable part of the worker’s wage, known also as subsistence minimum, and the latest legislative changes with respect to the coverage and functioning of the Wage Guarantee Fund (IAG) under the Insolvency Compensation Insurance Act (IESG).

In response to its previous comment on the application of Article 12(1) (payment at regular intervals) and Article 14(b) (wage statements), the Government indicates that wage particulars, such as pay periods and pay slips, are mostly regulated in collective agreements. The Committee would appreciate if the Government would transmit in its next report sample copies of collective agreements containing detailed provisions on wage statements and pay intervals. It would also be grateful if the Government could indicate how these specific requirements of the Convention are given effect in the case of workers who are not covered by any collective agreement.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of wage-related infringements observed by the labour inspection services in the area of home work from 2000 to 2004. The Committee requests the Government to continue to provide general information, including available statistics, copies of official documents, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes due note of the Government’s report. It also notes the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173) and the acceptance only of the obligations of its Part III as well as the Government’s subsequent decision to terminate its obligations under Article 11 of the Protection of Wages Convention, 1949 (No. 95), in respect of those claims which are protected pursuant to Part III.

The Committee notes that by virtue of article 2 of the Labour Contract Law - Adjustment Act BGB1 1993/459, as amended by BGB1.I No. 179/1999, the employer is required to deliver to the worker, immediately following the start of the work relationship, a written description of the principal rights and obligations arising from the employment contract (Dienstzettel) which must include, inter alia, information as to starting remuneration, in particular, the basic wage and any special payments as well as an indication of the due date of remuneration. In addition, the worker must be provided with a written notice of any changes to the information contained in the Dienstzettel immediately, or at any rate no later than one month following their effective date. Recalling its earlier comments, the Committee notes that there is still no provision, legislative or other, specifically laying down that wages must be paid at regular intervals and also that workers should be informed of the wage particulars at the time of each payment, as required under Articles 12(1) and 14(b) of the Convention respectively. It therefore asks the Government to indicate the measures taken or under consideration to ensure that the national legislation entirely conforms to the Convention in this respect.

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

With reference to its previous comments, the Committee notes the information supplied in the Government's report, including the comments made by the Austrian Congress of Chambers of Labour with regard to the application of Articles 12 and 14(b) of the Convention. It notes that this organisation repeats its opinion that legislative measures should be taken to ensure the regular payment of wages and the workers' right to wage statements. It also notes the Government's indication that the discussion with the social partners regarding the Guaranteed Remuneration Bill was discontinued because there was no prospect of agreement on certain essential points. The Committee recalls that both Articles 12 and 14 of the Convention allow flexibility in their method of application. It would, however, be grateful if the Government would supply in its future reports information on any further measures taken or contemplated with regard to the application of these provisions of the Convention.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its previous comments, the Committee notes from the Government's report that it is no longer intended to pursue the Guaranteed Remuneration Bill. It also refers to the additional information supplied on the application of Article 11 of the Convention.

The Committee recalls that in its previous comment it requested the Government to provide all appropiate information on the manner in which effect is given to Article 14(b) of the Convention, following comments received from the Austrian Congress of Chambers of Labour concerning this provision. It notes that this organisation has repeated, in a comment communicated with the Government's report, that Austria continues to lack binding laws guaranteeing workers the right to wage statements clearly indicating gross remuneration and deductions, such requirements now existing only in collective agreements. The same organisation adds that provisions respecting the intervals for the payment of wages are not binding under the Civil Code, and therefore binding rules on this should also be adopted under Article 12 of the Convention. Finally, it states that although there are numerous rules governing wage protection, there is no unified law which codifies these rules.

The Government has indicated in reply that while there are no detailed provisions in law on the manner of payment of wages for most workers, arrangements for this are assured through collective agreements for most workers. All workers are, however, covered by provisions contained in a variety of laws on the intervals for payment of wages. In some cases these intervals are subject to adaptation by agreement, but the Govenment states that no case has yet come to its attention in which this has been used to workers' disadvantage. The Government states that Article 12 of the Convention does not require that the legislation must contain binding rules for the intervals of payment of wages, and that the Convention does not require that all the provisions on wage protection be contained in a single unified enactment.

The Committee notes the comments by the Austrian Congress of Chambers of Labour and the Government. It notes also that both Articles 12 and 14 of the Convention allow flexibility in their method of application, with Article 14 providing also that measures should be taken under it "where necessary". The Committee also notes that there is no requirement in the Convention that all the provisions or other arrangements adopted to give effect to its provisions be contained in a single document. The committee refers however to the Protection of Wages Recommendation, 1949 (No. 85) which contains more detailed suggestions in Paragraphs 5 to 7 on how these questions might be regulated at the national level.