Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Austria (Ratification: 1994)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the comments of the Austrian Federal Economic Chamber (WKÖ) and the Austrian Chamber of Labour (AK) on the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 8 of the Convention.Hours of work and rest periods. Application in practice. The Committee notes the signing of a new sectoral collective agreement for workers in the hotel and catering sector, effective as of 1 November 2024. It notes that this agreement reflects the new legislative provisions on working time and rest periods. In this regard, while the WKÖ considers that the Convention is being applied, the AK notes that the vast majority of requests for advice on labour law addressed to the Vienna Chamber of Labour come from workers in the hotel and catering sector and concern the application of national legislation, particularly with regard to excessive and/or unpaid overtime, the lack of breaks and distribution of hours of work, as well as incorrect declarations to social security bodies, undeclared work, and a lack of payslips or incorrect payslips. The Committee also notes that the AK refers to the situation of delivery service workers, indicating that their rights are not respected, as the intermediary enterprises that distribute orders to drivers and delivery workers sign very few employment contracts. It indicates that: (1) by virtue of their duties, such workers should be regarded as part of the catering sector; and (2) the first collective agreement to apply to bicycle couriers has been concluded, thus creating a means of combating their exploitation. The Committee observes that the hotel and catering sector in general faces a number of challenges and the need to improve labour standards and strengthen their application to ensure decent working conditions for all workers in the sector. The Committee therefore requests the Government to respond to these allegations of substantial and repeated violations of national regulations governing work in this sector and, where appropriate, to indicate the measures taken or envisaged in this regard. The Committee draws the Government’s attention to the Guidelines on general principles of labour inspection and notes that various types of good practice can strengthen the role of the labour inspectorate and compliance with the regulations governing work in this sector, including by: (i) increasing the number of labour inspectors and providing them with continuous training to ensure that they are well equipped to identify and deal with violations of labour standards, taking into consideration the specific nature of work in the sector in question; (ii) introducing digital management systems to monitor inspections, complaints and results to improve coordination and ensure a more rapid response to violations; (iii) informing employers and employees of their rights and obligations, including through awareness-raising campaigns to help prevent violations before they occur; (iv) applying strict penalties for violations of labour standards and offering incentives to enterprises that comply with regulations, including by introducing rewards for exemplary enterprises; (v) working closely with relevant government agencies, and workers’ and employers’ organizations to improve the enforcement of labour laws; and (vi) using data to focus inspections on the sectors and enterprises most at risk of violations in order to optimize resources and have a greater impact.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 3 and 4 of the Convention. National policy for the hotel and catering sector and working conditions. The Committee notes the Government’s indications concerning the training programmes offered by the employment service for those employed in the tourism sector. In 2007, approximately 5,000 persons of this sector were involved in training. In fact, training opportunities have increased by 30 per cent since 1995 and the tourism sector accounts for almost 12 per cent of all trainees in the country. The Committee also notes the Government’s indication that the 2007 amendment to the Labour Act by which a statutory overtime premium of 25 per cent was introduced is expected to improve significantly the conditions of work of part-time workers, especially women, who are frequently bound by part-time contracts which are permanently in excess of the agreed limits on working time. The Committee would appreciate it if the Government would continue to provide detailed particulars on legislative measures, policy initiatives and projects designed to improve the working conditions in the hotel, restaurant and catering industry.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning the evolution of the number of employees in the hotel and restaurant sector for the period 2002–07. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel and restaurant sector, if possible broken down by gender and age, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from official reports and surveys addressing questions related to the employment conditions in the tourism sector in general, etc.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. Working conditions in the hotel and catering sector. The Committee notes the comments of the Federal Chamber of Labour according to which recent studies show that employment in the hotel and catering sector is marked by a high degree of instability, low employment duration, high risk of unemployment and a high level of stress due to difficult working conditions and atypical forms of working time (weekend work, night work, seasonal work). Based on the findings of three recent studies carried out by the Vienna Chamber of Labour, the Federal Chamber of Labour (BAK) maintains that working conditions in the hotel and catering sector have worsened in recent years and points at the increasing number of recorded accidents and the larger number of disability pensions awarded on account of mental illness. Furthermore, the Federal Chamber of Labour draws attention to the feminization trend in the sector (approximately two-thirds of the persons employed in the sector are women) and also the increasing proportion of migrants, now amounting to almost one third of all employees in the hotel and catering trade. In this latter connection, the Committee notes that according to a study conducted by the SORA Institute for Social Research and Analysis in 2003, one out of four immigrants working in the hotel and restaurant sector complained about being discriminated against in areas such as pay, workload, appreciation of job performance, and assignment of unpleasant tasks. The Committee requests the Government to submit any views it may wish to express in response to the observations of the Federal Chamber of Labour.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the information in relation to the application of Articles 4, 5 and 7 of the Convention.

Article 3, paragraph 1. The Committee notes the Government’s reference to the recently enacted reform of the statutory severance pay scheme for all private sector employees, thus including employees in hotels, restaurants and similar establishments. According to the new Severance Pay and Pensions Fund Act, which was adopted in June 2002, all private sector employees who conclude an employment relationship from 1 January 2003 onwards are entitled to severance pay from their second month of employment and they may freely transfer and maintain such entitlement in a new employment relationship, whereas under the former scheme employees with less than three years’ continuous service with the same employer were excluded from any eligibility for severance pay. The Committee understands the advantages that the new system may represent for a sector characterized by the high mobility of employees, such as the hotel, restaurant and catering sector, where the majority of employees were formerly deprived of any severance benefit for not having worked sufficiently long for the same employer. The Committee would be grateful if the Government would continue to supply information on the measures taken or envisaged to further improve the working conditions in hotels, restaurants and similar establishments. It would particularly appreciate receiving additional information on existing national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 8. The Committee notes that the Government refers to supplementary collective agreements concluded as of 1 January 2001 for workers employed in the hotel and catering trade with a view to extending the duration of employment of seasonal workers by two weeks. The Committee understands that the last national agreement for the tourism sector was concluded in 1999 and replaced the various provincial agreements which had been concluded in 1997 and 1998. The Committee therefore requests the Government to transmit copies of all relevant collective agreements currently in force.

Point V of the report form. The Committee notes the information regarding the evolution of the total number of persons in dependent employment in the hotel and restaurant sector in the period 1998-2001. It also notes the labour inspection statistics for the same period showing that by far the most frequent infringements of labour legislation in the hotel and restaurant industry concern working time, rest periods and the employment of young persons. The Committee requests the Government to continue to provide all available information bearing on the practical application of the Convention, including extracts from official reports and recent studies on the employment conditions in the hotel and catering sector, difficulties of enforcement reported by the inspection services and any other particulars which would enable the Committee to better evaluate the conformity of national law and practice with the requirements of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the detailed information supplied in the Government's first report. It requests the Government to provide information on the following points.

Article 3 of the Convention. The Committee requests the Government to indicate, in accordance with the provisions of the Convention, the measures which have been taken or are contemplated to ensure the adoption and the application of a policy designed to improve the working conditions of the workers concerned.

Point V of the report form. The Committee requests the Government to provide general indications as to the manner in which the Convention is applied in the country, including information concerning the number of workers covered by the relevant collective agreements, as well as the relevant extracts of inspection reports, the number and nature of violations registered, the sanctions imposed, etc.