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

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Austria (Ratification: 1996)

The Committee notes with interest the Government’s reports on the application of the Convention. The Committee would appreciate receiving additional information on the following points.

Article 4(2) and (3) of the Convention. The Committee notes that the categories listed in section 1(6) of the Insolvency (Guarantee of Remuneration) Act, BGB1.I No. 324/1977 (IESG), last amended by BGB1.I No. 73/1999, are excluded from the application of the provisions of Part III of the Convention. The Committee requests the Government to supply further information on the reasons for these exceptions and to specify whether the most representative organizations of employers and workers were consulted beforehand.

Article 13. The Committee notes that in accordance with section 1(3), item 4, and section 1(4) of the IESG Act, wage claims may be limited to a prescribed amount. It requests the Government to supply further information as to the limit, if any, regarding claims for holiday pay or amounts due in respect of other types of paid absence.

Part IV of the report form. The Committee notes the Government’s indication that some 30,000 persons receive benefits under the IESG each year. It requests the Government to continue to supply all available information on the practical application of the Convention, with special reference to the operation, management and financing of the Insolvency Compensation Fund (IAG).