Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 173) sur la protection des créances des travailleurs en cas d'insolvabilité de leur employeur, 1992 - Autriche (Ratification: 1996)

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.