Labour Inspection Convention, 1947 (No. 81) - Austria (Ratification: 1949)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observation from the Austrian Federal Economic Chamber (WKÖ) and the Austrian Chamber of Labour (AK) communicated with the Government’s report.

Articles 3 and 5(a) of the Convention. Functions of the labour inspection service. Effective co-operation between the labour inspectorate and other Government services engaged in similar activities. The Committee notes the Government’s indication that in January 2021, the Anti-Fraud Office (ABB) was created in accordance with the Federal Act on the Creation of an Office to Combat Fraud (BGBl. I No. 104/2019). The Anti-Fraud Office, which covers the entire federal territory of Austria, includes the financial police which is responsible for (i) exposing breaches of the provisions of the Wage and Social Dumping Prevention Act (LSD-BG, BGBl. I No. 44/2016 as amended); (ii) exposing the illegal employment of foreign workers; (iii) exposing breaches in relation to the domestic and international transfer of agency workers, and (iv) exposing benefit fraud under the Penal Code (BGBl. No. 60/1974 as amended). The Committee notes that according to the annual report of the financial police, in 2021, 1,395 establishments were inspected according to the Wage and Social Dumping Prevention Act and in 925 cases, criminal charges were filed. In addition, 395 complaints were filed for underpayment, which affected a total of 1,451 employees. The penalties imposed by the financial police amounted to €3.15 million. The Committee also notes that according to the Wage and Social Dumping Prevention Act (LSD-BG), the Minister of Labour and the Minister of Finance must draw up an annual plan for effective control against wage and social dumping and report to the National Council. The Committee requests the Government to provide information on the measures taken to ensure coordination between the labour inspectorate and the financial police in the enforcement of legal provisions related to wages. Noting that the duties of the Anti-Fraud Office include the exposure of illegal employment of foreign workers, the Committee requests the Government to provide information on the actions taken by the financial police and/or the labour inspectors (including the provision of information and advice) to ensure the enforcement of legislation with respect to the payment of wages and other benefits for the period of the effective employment relationship of the foreign workers found in an irregular situation.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judicial system. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial system. The Committee notes the Government’s indication that complainants are not informed of criminal court procedures due to data protection reasons. The Government indicates that the only exception relates to the protection of apprentices for which the Vocational Training Act requires the Public Prosecutor’s Office to inform labour inspectors about the initiation of preliminary criminal proceedings and requires the courts to communicate the final judgement of such offences. The Committee further notes the Government’s information about the development of the digital procedure management system in some courts within the framework of the pilot project “Justiz3.0” which would allow the evaluation of occupational accidents in connection with criminal convictions or court decisions issued in this regard. The Committee notes that the labour inspection reports include information on the number of administrative procedures and the fines imposed, and also the number of referrals to the public prosecution services, but does not indicate the judicial decisions for cases referred by labour inspectors. Therefore, the Committee requests once again that the Government indicate the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities, without detriment to data protection, such as the establishment of a system for the recording of judicial decisions accessible to labour inspectors. It also requests the Government to provide further information on the development of the pilot project for the evaluation of occupational accidents in connection with criminal convictions. Moreover, the Committee once again requests the Government to ensure that information related to the outcome of cases referred to the judicial system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied, amount of fines imposed, etc.) is included in the annual labour inspection reports.

Articles 10 and 16. Sufficient number of labour inspectors. Frequency of labour inspections. The Committee notes the indication in the observation of the AK that there is an urgent need to address the shortage of labour inspectors working in the field. The AK indicates that in 2018, there were 303 labour inspectors for 3,349,368 employees, while for the period 2019/2020 the number of staff has fallen to 293 inspectors and the number of employees increased to 3,419,243. The trade union also indicates that in order to address the increasing problems related to wages, social dumping and moonlighting and ensure the protection of workers, more monitoring needs to be carried out and that this would require a massive staff increase in the financial police and labour inspectorate. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the reasons for the decrease in the number of labour inspectors and on the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 17 and 18. Legal proceedings without previous warning. Adequate penalties.The Committee notes the AK’s indication that the federal government’s requirement for “advice, not punishment” and for a reduction in the number of criminal charges have led to a significant reduction in criminal charges filed by labour inspectors. The AK also indicates that, in order to protect workers’ health, higher penalties in case of violations would be needed. The Committee requests the Government to provide its comments in this respect.

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

The Committee notes the information provided by the Government in reply to its previous requests concerning: the ongoing restructuring of the labour inspection services aimed at achieving the standardization and increased efficiency in labour inspections in the transport and other sectors (Articles 4, 7, 10 and 16 of the Convention), the operation by the labour inspectorate of a database with information on construction sites that is made available to other authorities (Articles 5(a) and 21(e)), and the possibility of the labour inspection services to notify labour law violations to the authorities responsible for awarding public procurement contracts (Article 18).

The Committee also notes the clarifications provided by the Government in its report and the observations of the Federal Chamber of Labour (BAK) attached to the Government’s report on the cross-border collaboration between the Austrian tax authorities and other authorities in European Union (EU) Member States concerning social security fraud, as well as wage and social dumping. The Committee notes that these functions do not fall within the responsibilities of the labour inspection services.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judicial system. In its previous comments, the Committee noted the concern expressed by the BAK that the labour inspectorate was not systematically informed of the outcome of criminal court procedures concerning labour law violations. In this respect, the Committee notes the Government’s indication that the labour inspectorate has, in specific cases, such as industrial accidents, the right to apply for access to the criminal file or to receive a copy of the relevant court decision. In this regard, the Committee notes the Government’s indications that no information is available on the number of court decisions communicated to the labour inspectorate, or on whether any requests to obtain such information have been made by the labour inspection services. The Committee also notes that the statistical information in the Government’s report only relates to administrative fines, and not to the criminal penalties for labour law violations (such as penalties relating to fatal accidents which are imputable to a law infringement). The Committee requests the Government to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial system (especially the establishment of a system for the recording of judicial decisions accessible to labour inspectors). In this regard, the Committee requests that the Government take measures to ensure that information related to the outcome of the cases referred to the judicial system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied, amount of fines imposed, etc.) is included in the annual labour inspection reports.

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

The Committee takes note of the comments by the Federal Chamber of Labour (BAK) in its communication of 29 May 2012.

Articles 1, 2(2), 4, 7(3), 10 and 16 of the Convention. Impact of restructuring on the organization, structure and resources of the Labour Inspectorate. The Committee takes note of the Government’s indication that the labour transport inspectorate has been incorporated into the Labour Inspectorate with effect from 1 July 2012 and that the Labour Inspection Act was amended so as not to exclude workplaces in the transport sector from its scope of application.

The Committee also notes the Government’s reply to the BAK’s previous comments on the limited number of labour inspectors in relation to their tasks. The Government acknowledges that personnel reduction measures have been taken in all federal agencies but adds that the competent ministry has undertaken to maintain the number of labour inspectors at a level which correlates with the complexity of functions to be performed, and that as from the end of 2013, a further reduction in personnel has been excluded. The Government furthermore indicates that six public servants with technical background have been transferred to the Labour Inspectorate even though the ratio of workers per labour inspectors in the country continues to be below recommended standards.

In this regard, the Committee notes the comments made by the BAK according to which the human resources situation is strained, despite the transfer of public servants from other services who had not yet been trained for their specific duties. The BAK expresses reservations in respect of a possible loss of expertise and knowledge in technically complex areas, such as railways, following the impact of the merger between the labour transport inspectorate and the Labour Inspectorate, which, even though agreed upon, would henceforth merit close follow-up.

The Committee would be grateful if the Government could keep the Office informed of the impact of the merger of the former labour transport inspectorate with the Labour Inspectorate in relation to the number of workplaces brought under the control of the latter, the complexity of the tasks entrusted on labour inspectors, the number of staff, the number of visits and the effectiveness of controls in technically complex areas such as railways, and to furnish an updated organizational chart of the labour inspection system. The Committee would also be grateful if the Government would provide information on the training made available to labour inspectors and its impact on the effective performance of their duties.

Articles 5(a) and 21(e). Effective cooperation between labour inspectors and other governmental bodies. 1. Common use of databases. The Committee notes from the Government’s report that the legal prerequisites for the operation of a database on construction sites have been fulfilled in order to facilitate legal reporting and notification obligations from the side of the employer (such as advance notification of construction sites, construction operations, notification of hazardous construction works and asbestos works). This information can, once captured in the database, be accessed by the Labour Inspectorate, the tax administration and health insurance providers. The Committee would be grateful if the Government could keep the Office informed of the impact of this type of data exchange on the daily work of the Labour Inspectorate.

2. Effective cooperation between labour inspectorates and judicial bodies. The Committee notes from the Government’s report that the Federal Ministry of Justice is about to draw up an order making the criminal courts aware of section 402 of the Code on Penal Procedure, according to which the criminal court has to formally notify a final court sentence to an interested body, if this sentence pronounces the loss of a right or would cause the loss of a right. The Government explains in this respect, that this provision applies for instance vis-à-vis bodies competent for issuing business licences and withdrawing them in the event of a criminal conviction. The Committee also notes that the BAK reiterates its concerns that the Labour Inspectorate is not systematically informed of the outcome of relevant criminal court procedures. In this context, the Committee recalls previous comments made by the Government, to the effect that data protection rules prevented the notification of criminal court rulings to the labour inspectorate in a general manner, except from those cases in which apprentices were concerned and in which the labour inspectorate was called upon to take part in criminal proceedings as a witness. The Government further indicated that the Labour Inspectorate has, in specific cases, such as industrial accidents, the right to apply for access to the criminal file or to receive a copy of the final court ruling. The Committee asks the Government to clarify the impact of section 402 of the Code of Criminal Procedure on administrative practice in relation to the direct notification of criminal court rulings to labour inspectorates, so that the outcome of such procedures can be captured in the annual inspection report as required by Article 21(e) of the Convention.

Cross-border collaboration with other labour inspectorates within the EU in the framework of the EU Directive 2006/123/EC on services in the internal market. The Committee notes with interest the new section 20, paragraph 9, of the Labour Inspection Act which sets the legal ground for a systematic collaboration between labour inspectorates from different EU countries. Under this section, labour law violations are to be notified to the Labour Inspectorate of the country, which hosts the head office of the employer who infringed the law in Austria. The Austrian Labour Inspectorate is obliged to provide information on employers’ labour law compliance upon request from labour inspectorates located in other EU countries. It also notes in this regard the BAK’s concerns, stating that these possibilities of inter-administrative collaboration appear not to be used in case of violations of provisions relating to the 2011 Act on wages dumping.

The Committee would be grateful if the Government could provide information on the impact of the new section 20(9) of the Labour Inspection Act on the enforcement of legal provisions pertaining to conditions of work and the protection of workers in practice. It also requests the Government to make any comment it deems appropriate on the BAK’s observations concerning the enforcement of the Act on wages dumping in a cross-border context, and to provide statistics on cross-border cooperation, including on violations notified in this regard.

Article 18. Adequate penalties and deterrence of sanctions. In its previous comments the Committee asked for examples of administrative fines which were tax-deductible by the employer pursuant to section 19 of the Act on the penal liability of legal entities (VbVG). In this regard, the Committee notes the clarification provided by the Government, that fines could only be tax-deductible as business expenditure when they could not be attributed to the person penalized or when they were imposed for a minor fault. According to the Government, such cases of tax deductibility did not relate to violations of worker protection provisions. In this context, the Committee notes that the tax legislation has been modified in that fines that were previously paid by a corporation for the termination of prosecution under the Code of Criminal Procedure, or which were imposed under the VbVG, cease to be tax-deductible. This information is confirmed by the BAK, which expresses its satisfaction with regard to this development.

The Committee notes moreover with interest that, according to the new section 20, paragraph 10, of the Labour Inspection Act, the Labour Inspectorate may notify violations of worker protection rules to bodies that grant financial aid out of a federal budget to employers found to be non-compliant. The Committee would be grateful if the Government could provide information on the application of this legal provision and indicate the follow-up given to notifications of violations, as well as on its impact on compliance with legal provisions pertaining to conditions of work and the protection of workers.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report replying to its previous comments and to the points raised by the Federal Chamber of Labour (BAK) in October 2008. It notes the amendment of the Labour Inspection Act, No. 27/1993 of 2009, under which data collected via the computer system of the Ministry of Finance (temporary secondment of workers) and that of the Social Security are now available to labour inspectors. The Committee also notes that the BAK has sent comments which largely concern the points raised previously.

The Committee also notes with interest the detailed information published on the Labour Inspectorate’s website (www.arbeitsinspektion.gv.at/AI/default.htm), including the annual inspection reports for 2007, 2008 and 2009, information on the National Occupational Safety and Health Strategy for 2007–12 (various preventive measures, particularly to prevent psychosocial disorders caused by work), and instances of good practices, including the establishment of an annual prize awarded by the Minister of Labour, Social Welfare and Consumer Protection to the three most deserving enterprises for services rendered in the field of workers’ safety and health.

Article 5(a) of the Convention. Effective cooperation between labour inspectors and law enforcement bodies. In its previous comments, the Committee noted that there are two systems for processing and prosecuting offences against the legislation on working conditions and worker protection (an administrative system and a penal system). In reply to the BAK’s assertion that the courts must inform the inspection services when penal proceedings are concluded but need not notify the rulings, the Government states that the inspection services are nonetheless informed of decisions that concern employers responsible for training apprentices (treated by the law as particularly vulnerable). Furthermore, according to the Government, the labour inspectorate is, as a rule, informed of the decisions in penal cases in which it is represented as a witness or expert at hearings. The Committee likewise notes with interest that in certain specific cases, such as those involving industrial accidents, the labour inspectorate is authorized by the Code of Penal Procedure to apply for access to the dossiers or to a copy of the relevant decision.

As to the BAK’s request for enhanced cooperation through joint action by the Federal Ministry of Labour and Economic Affairs and the Federal Ministry of Justice, the Government states that with the right to consult the files and the administrative support lent by the Federal Ministry of Justice to the Federal Ministry of Labour and Economic Affairs pursuant to the Federal Constitution, article 22 (mutual assistance between institutions), nothing more is needed.

As regards the matter of restrictions in the context of cross-border assistance in the enforcement of administrative sanctions, raised by the BAK, the Government refers to the provisions of the Council Act of 2000, establishing the Convention on Mutual Assistance on Criminal Matters between the Member States of the European Union, and to the provisions published in the Official Journal of the Federal Republic of Austria No. 65/2005 appointing the competent authorities, which likewise apply to the activities of the administrative and penal authorities and which allow the prosecution of employers that have their head offices in another member State.

With regard to Article 21(e) of the Convention, which provides for the inclusion in the annual report of statistics of violations and the penalties imposed, the Committee notes that according to the Government, this provision refers only to administrative, and not penal sanctions. The Committee points out in this connection that Article 18 of the Convention applies to penalties for violations of the provisions of the law that are enforceable by labour inspectors, without any exceptions and regardless of the authority that imposes the penalty.

In its General Observation of 2007, the Committee observed that it is important for the labour inspectorate to have information about relevant judicial decisions. The Committee would be grateful if, in the light of the foregoing, the Government would consider the possibility of extending cooperation so that judicial decisions on violations of the provisions of the law referred to in the Convention, are made available, without restriction, to the labour inspectorate and included in an annual report, as required by Article 21(e).

Article 18. Adequate penalties. According to the BAK, administrative fines imposed on employers pursuant to section 19 of the Act on the Penal Liability of Legal Entities (VbVG), are tax deductible. The Government states that according to consistent precedent, judicial fines, like administrative ones, are tax deductible only for minor infractions. The Government is asked to provide examples of tax-deductible pecuniary sanctions.

Articles 10 and 16. Adapting the resources of the inspectorate to the duties to be performed. Having pointed out previously that the human resources of the inspection services are inadequate and that the numbers of labour inspectors need to be increased to cope with the new tasks they have to perform, the BAK refers to a government project to reassign former employees from the postal administration and elsewhere to the inspection services. The Committee requests the Government to make any comments it may deem relevant on the BAK’s views concerning the need to strengthen the human resources of the inspection services and the measures needed.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the information supplied by the Government concerning the legislation adopted during the period covered by the report, the balanced distribution of labour inspectors by gender, specialization and grade, as well as the activities of inspectors and their results. The Committee also takes note of the annual report of the labour inspectorate for 2006 and the information furnished in response to its previous comments concerning developments in the area of the monitoring of illegal employment and measures to promote effective cooperation between the labour inspection services and the judicial authorities.

The Committee also notes the communication from the Federal Chamber of Labour (BAK), attached by the Government to its report.

Article 3, paragraphs 1(a) and 2, of the Convention. Monitoring of illegal employment. Following up on its observation made in 2006 welcoming the provisions exempting labour inspectors from the need to monitor illegal employment, the Committee notes that, as of 1 January 2007, this function has again been transferred to another authority. The Committee would be grateful if the Government would indicate the impact of this measure on the number and scope of inspections of working conditions in workplaces liable to inspection. The Committee would be grateful if the Government would provide details on any improvements noted.

Article 5(a). Effective cooperation between labour inspection and the judicial authorities. The Committee notes with interest the detailed information concerning the operation of the two prosecution systems relating to violations of the law regarding working conditions and protection of workers. It appears in particular that one of the systems is under the jurisdiction of the administrative courts; as the labour inspectorate forms part of the proceedings, it can make its case before the judgement is rendered and appeal against it. In addition, the Federal Chamber of Labour specifies that information on complaints and administrative procedures is available on the web site of the Federal Ministry of Labour and Economic Affairs.

According to the Federal Chamber of Labour, violations falling under the Criminal Code and the Code of Criminal Procedure are referred by labour inspectors either to the Department of Criminal Investigation or to the Department of the Public Prosecution. The tribunals must inform the inspection services of the termination of a procedure, but not of the decision taken. The above organization declares that it will monitor developments in practice in the implementation of the law on responsibility of organizations (VbVg), in particular in the light of the Committee’s recent comments. However, it is of the opinion that this system presents some shortcomings, in particular when it comes to the prosecution of violations in the area of occupational safety and health. In this connection, the organization refers to article 22 of the Federal Constitution, which provides that the Federal Ministry of Justice shall offer administrative support to other ministries. The organization also raises the problem of ensuring the mutual assistance needed for the enforcement of administrative penalties in a cross-border context.

In addition, the Federal Chamber of Labour provides details on the division of responsibilities concerning the enforcement of labour legislation and the problems that this can entail, in particular in the case of workers covered by collective agreements. It considers that only an increase in the resources allocated to labour inspection services will enable it to adapt to the new forms of work contracts deriving from the introduction of more flexible arrangements as a result of changes in the legislation on working hours.

The Committee would be grateful if the Government would provide in its next report any comments it considers relevant concerning the issues raised by the Federal Chamber of Labour.

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

The Committee notes with satisfaction details provided by the Government in reply to its previous comments on the measures undertaken to relieve labour inspectors from the tasks of policing illegal employment. The Government indicates that this duty was transferred to the Federal Ministry of Finance on 1 July 2002. A special unit of the customs administration KIAB (control of illegal employment of workers) combats illegal employment by checking work permits and thus the employment of foreigners. The focus of the controls carried out throughout the country is on the catering and construction industries. Findings from controls are reported to the respective competent authorities (administrative sanctions authorities, employment service and labour inspectorate) for the relevant proceedings.

The indication that it had been necessary to increase the staff of the control authorities to 300 shows that such activity requires the mobilization of considerable resources in terms of staff and time which inspectorates can only provide to the detriment of their primary duties. Hence, the Committee welcomes that labour inspection activities now focus on the duties laid down by the Convention and would be grateful if the Government would provide further information as to the nature and the results of the proceeding carried on by inspectors in cases reported to them.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring to previous comments, the Committee notes with satisfaction that, according to information contained in the Labour Inspection Annual Report for 2002, the Government has given effect to its commitment to take appropriate measures aimed at transferring the control of illegal work to a distinct body, so that labour inspectors could fully perform their principal functions as provided for by Article 3, paragraphs 1 and 2, of the Convention. The Committee would be grateful if the Government would provide the ILO with a copy of the relevant legal provision.

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

1.  The Committee notes the information supplied by the Government in its two most recent reports, on the evolution of labour inspection activities which, from 1 January 1999, extend to all mining product extraction (underground and above ground) undertakings and for which the advisory activities concerning compliance with the provisions on workers’ protection have been intensified. Referring to the fears expressed by the Federal Chamber of Labour (BAK) that these advisory activities would be conducted to the detriment of supervisory activities, the Committee notes that, according to the indications in the annual labour inspection report for 1997, the first appraisal shows that these fears are unfounded. The Committee requests the Government to supply in its next report indications on all positive effects noted recently in regard to the increase of advisory activities (Article 3(1)(b), of the Convention). Noting also the comments of the BAK on the decrease in the number of inspections and, in addition, the Government’s reference to activities in relation to occupational authorizations and penal procedure matters, which have not had a negative influence on the number and quality of inspection visits, the Committee requests the Government to supply details on the development of these activities and their possible negative impact on the frequency and extent of inspections (Articles 10 and 16). Noting, furthermore, that the last annual inspection report received by the ILO dates from 1997, the Committee hopes that the Government will, in future, transmit regularly such reports containing the information required (Articles 20 and 21).

2.  With reference to its comments on inspection activities regarding illegal work, the Committee notes in the 1997 annual inspection report the intention to transfer these duties to the Ministry of Finance. The Committee requests the Government to supply information on the decisions taken in this respect and their possible effects in lightening the inspection workload.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 3, paragraph 2; 10 and 16 of the Convention. The Committee takes note of the observation of 6 December 1994 made by the Branch Committee of the Staff Representation of the Central Labour Inspectorate (Fachausschuss beim Zentral - Arbeitsinspektorat) regarding the transfer of additional duties, under the Act on the Employment of Foreigners to the labour inspectorate which they consider to be contrary to Articles 3, paragraph 2, and 10 of the Convention.

It states that this transfer of additional duties to labour inspectors could interfere with the effective discharge of their primary duties, because at present only 310 labour inspectors were covering 250,000 enterprises which employ 3 million workers. They also state that the complicated procedures will add too heavy a burden on the inspectorate. In their view this would represent an unreasonable additional burden on the labour inspectorate which could not be fully mitigated by the 40 additional labour inspection posts that are to be made available.

The Committee notes the Government's acknowledgement that the supervision of illegal employment of foreigners as well as the participation in the punitive and other administrative procedures have been transferred to the labour inspectorate with effect from 1 January 1995, BGBL No. 994/1994. The Government also agrees that 40 additional posts will be accorded but that, according to the figures available in 1993, 208,765 enterprises and 2.5 million workers were covered by 315 labour inspectors. In addition the Government states that facilities such as electronic data processing is constantly being provided to the inspectorate. It further states that the former legal position and working conditions of the permanent staff of the labour inspectorate will not be affected at all as the workload will be carried out on the basis of strict division between the old and new duties. The Government also indicates that the only change will be that in the future as regards cases of infringements of the legislation concerning foreigners, the permanent staff will notify the newly installed supervisory team for foreigners of the competent labour inspectorate composed of the additional posts and not the official agencies of the labour market administration as before.

The Committee notes that the Branch Committee considers that, due to the future harmonization of Austrian legislation with European standards, the number of employees in the labour inspectorate has to be increased in order to carry out the additional tasks transferred by new legislation. The Government maintains that in the long run the implementation of relevant European Union (EU) regulations will lead to a considerable easing of the burden on labour inspectors, because the main burden for the additional duties will be borne by employers, specialists on prevention and safety advisers.

The Government refers to the National Employee Protection Act (BGBL No. 450/1994) which shifts matters concerning employee protection to the enterprise level. The Committee notes that the Government acknowledges that initially labour inspectors will be faced with new challenges as they will be responsible for assessing the suitability and effectiveness of the internal health and safety systems in the enterprises. Additional burdens will eventually decrease.

The Committee would be grateful if the Government would provide further information concerning the practical application of the new legislation in particular as regards the workload resulting from: cases related to the employment of foreigners as well as from the shift to internal protection systems at the enterprise level. The Committee would be grateful if the Government would provide further information on any legislation that implements the EU regulations and on how the Government intends to deal with the additional burden of labour inspectors during the transition period.

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

The Committee notes with interest the information provided by the Government in reply to its previous comments.

Articles 17 and 18 of the Convention. The Committee notes the information on the amendments to the administrative penalties procedure which it states has helped solve the problem of excessive delays in dealing with violations or negligence of the employer. Please provide also particulars regarding the observations of the Federal Chamber of Wage-Earning and Salaried Employees (Federal Chamber of Labour) that the effective implementation of protective labour standards is limited by the relatively light sanctions and the continuing weakness of the administrative penalties procedures.

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

The Committee notes the information provided by the Government, and in particular the replies to the observations of the Austrian Chamber of Workers (OA) referred to in the last direct request.

Article 10 of the Convention. The Government indicates that staffing of the labour inspectorate has increased by 12 per cent since 1988, and visits are regularly made outside normal hours of work. The Committee hopes data on the strength of the inspectorate will be included in future reports.

Article 11. The Government indicates that kilometrage quotas for inspectors making visits outside their offices have been increased and have proved sufficient.

Articles 17 and 18. The Government describes the administrative penal proceedings system and the measures taken and proposed to deal with the problem of excessive delays. The Committee hopes the next report will show the effect of these measures, having regard to the requirements of the Convention.

Article 20. The Government indicates that observance of time-limits for preparation and publication of annual inspection reports has been affected by the change to automated data processing. The Committee notes that the 1988 report has now been supplied, while the 1989 one has been completed, the 1990 one is in preparation, and the 1991 one will be ready on time. It hopes that these reports will include details in particular of the implementation of the Articles, comments on which were made by the OA.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has taken note of the comments made by the Austrian Chamber of Workers concerning the application of Articles 10 (insufficient number of labour inspectors); 11, paragraph 1(b) (limited transport facilities for inspection tours in rural areas); 17 and 18 (defects of the system of enforcing penalties for violations of legal provisions); and 20 (non-observance of the time-limit for the publication of the annual inspection report) of the Convention. It requests the Government to provide its observations on the various aspects of the application of the Convention raised in the above-mentioned comments.