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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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).

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

The Committee notes the detailed information provided by the Government in its report, in particular the adoption of the IAF-Service GmbH (Insolvency Compensation Fund Service Co Ltd.) Act, BGB1.I No. 88/2001.

Articles 9 and 11, paragraph 1, of the Convention. The Committee notes with interest the establishment of the Insolvency Compensation Fund Service Limited Liability Company (IAF-Service GmbH) to carry out, as of August 2001, the tasks hitherto performed by the Federal Offices of Social Affairs and the Disabled in the field of settling employee claims for insolvency compensation. The IAF-Service GmbH is a state-owned company established under the Limited Liability Companies Act, and administered by two managing directors and a supervisory board. The Committee notes that the provisions of the new legislation on the legal status, structure and mandate of the IAF-Service GmbH have not altered the scope of workers’ wage and other service-related claims protected in the event of insolvency.

Article 13. The Committee notes the Government’s explanations as to the method of calculation of the maximum monthly amount of insolvency compensation in respect of unpaid wages (i.e. a maximum of twice the maximum contribution base in the general social security scheme less the contributions to the social security scheme and income tax), and the statistical data concerning the evolution of this limit in monetary terms during the period 2000-02. The Committee further notes the Government’s statement that the same rule applies to the holiday compensation and other guaranteed claims.

Part V of the report form. The Committee notes the Government’s indication that the number of beneficiaries has been the same in the past few years, i.e. approximately 30,000 employees per annum. The Committee would be grateful to the Government for continuing to supply general information on the practical application of the Convention, especially with regard to the operation of the IAF-Service GmbH, including for instance extracts from its annual reports, detailed information on its financing and management, and available statistics on the number of applications received, claims settled and amounts advanced per year.

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

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).