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

Austria

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1974)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1951)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1953)

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.