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

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

The Committee notes the information provided by the Government concerning the recent amendment to the relevant national legislation, in particular the Insolvency Compensation Act (IESG) Amendment, BGBL. I No. 102/2005, expanding the eligibility for claiming insolvency compensation to managing directors of limited companies to the extent that they are employees and managers, thereby enabling the IESG to cover all employers except those of regional corporations. By the same amendment, new measures to prevent fraudulent insolvency compensation claims were introduced, for example, where the claimant is convicted of certain criminal offences in relation to the insolvency of the employer. The Committee further notes that under the IESG Amendment BGBL. I No. 100/2002, outstanding employers’ contributions to the health insurance fund for the last two years before insolvency may be covered by the Insolvency Compensation Fund. Moreover, the Committee notes the amendments to the Bankruptcy Regulations and to the Banking Act BGBL. I No. 36/2003, which regulate substantive and procedural matters in cross-border insolvency cases.

Part IV of the report form. The Committee notes the statistical information supplied by the Government relating to the number of claims for insolvency compensation submitted and the amounts of compensation granted in the period 2002-05. It would be grateful if the Government could continue sending up to date information concerning the practical application of the Convention, including, for instance, relevant extracts from the annual reports of the Insolvency Compensation Fund Service (IAF-Service GmbH).