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

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

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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.

Article 2 of the Convention. Wage transparency. The Committee notes that according to section 9 of the Equal Pay Act, vacancy notices must indicate the minimum wage paid and the willingness to pay a higher rate. Section 11a provides that enterprises that regularly employ more than 150 persons must publish bi-annual reports on income distribution in their workforce, itemized by gender. It notes that both the BAK and the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) called for this threshold to be lowered (to 25, and 50 or more, employees respectively) (CEDAW/C/AUT/CO/9, 30 July 2019, paragraph 33(d)). The BAK also calls for further legislative and political interventions towards full income transparency in order to eradicate the gender pay gap, and refers to the regulatory developments within the European Union about pay transparency. The Committee also notes the Government’s mention of the salary calculator (an online tool available since 2011 and updated in 2022) and of the 2017 “Fairer Pay Project” aiming at raising awareness about fair remuneration and income transparency within businesses. The Committee asks the Government to provide information on: (i) the implementation of the obligations under sections 9 and 11a of the Equal Pay Act, including statistical data on the level of compliance with these requirements; (ii) sanctions imposed in cases of non-compliance; (iii) any actions taken to address gender pay gaps detected and the impact thereof; and (iv) any measures envisaged to lower the threshold (number of employees) under section 11a.

Articles 2 and 3. Objective job evaluation in the public sector. The Committee notes the statistical information provided by the Government, according to which: (1) in 2021, women represented 43 per cent of staff in the civil service but only 37.1 per cent of the highest salary levels (in 2015, these were 41.7 and 34.5 per cent respectively); and (2) in 2020, the gender pay gap in the federal civil service stood at 8.6 per cent (down from 12.8 per cent in 2015). The Government also provides information on initiatives taken in the provinces of Styria and Vienna. The Committee asks the Government to provide information on any job evaluation undertaken and the outcome thereof. Recalling the lower average income of women in the public service due to the difference in working hours, qualifications and job levels, the Committee asks the Government to indicate any measures taken to address these causes with a view to reducing the gender pay gap in the public sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the BAK’s observations that despite the high incidence of collective agreements in Austria, they do not suffice to ensure equality of remuneration. It also notes that, although there are regular contacts between the social partners and government officials, no procedure has been set up to ensure that there are regular meetings specifically concerning issues of discrimination or equal treatment (European Commission, European network of legal experts in gender equality and non-discrimination, Country Report Austria on non-discrimination, 2022, page 71). It notes, however, that the above-mentioned “Fairer Pay Project” is a joint initiative of the Federal Department for Women and Equality, the social partners and the Ombud for Equal Treatment. The Committee requests the Government to provide information on the measures taken in cooperation with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the BAK’s observations that, only in very few instances, cases are filed on the issue of pay discrimination. The Government indicates that, for the period from 1 January 2018 to 31 December 2021, 38 applications were made to the Equal Treatment Commission concerning pay discrimination based on sex. The Government does not indicate, however, how many of these were examined and the results thereof. The Government also refers to decisions on the issue rendered by the Supreme Court since 2018. The Committee also notes the CEDAW recommendations to effectively enforce the principle of equal pay for work of equal value by regularly reviewing wages in all sectors, conducting regular labour inspections, applying gender-sensitive analytical job classification and evaluation methods and conducting regular pay surveys (CEDAW/C/AUT/CO/9, paragraph 33(a)). The Committee asks the Government to provide information on (i) any measures taken or envisaged to strengthen enforcement of the principle of equal remuneration for men and women for work of equal value; and (ii) any relevant cases regarding this principle addressed by the Equal Pay Commission and the courts, including information on their outcome.