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Sickness Insurance (Industry) Convention, 1927 (No. 24) - Austria (RATIFICATION: 1929)

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CMNT_TITLE

The Committee notes the observations of the Federal Chamber of Labour (BAK) communicated with the Government’s report.

Article 2 of the Convention. Income threshold for sickness insurance coverage. The BAK indicates that workers with earnings less than €425.70 per month are covered only in case of incapacity for work due to an industrial accident, but not in case of suspension of earnings due to ill health, as required by the Convention. The BAK further indicates that the number of domestic workers in “marginal employment” who are excluded from sickness insurance coverage is higher than those who are fully insured. The Committee recalls that, notwithstanding Article 2(1) of the Convention which requires that manual and non-manual workers, including apprentices, employed by industrial undertakings and commercial undertakings, outworkers and domestic servants be compulsorily covered by sickness insurance, Article 2(2)(a) allows some exceptions to be made in respect of employment of a certain nature, including occasional, casual and subsidiary employment. In view of the above, the Committee requests the Government to indicate how many workers are excluded from sickness insurance due to the earnings threshold, and to provide information on any other means of protection to ensure that these workers, in case of sickness, have access to medical care and, where sickness involves a suspension of earnings, to income support.

CMNT_TITLE

In reply to the Committee’s previous comments, the Government indicates that it has once again contacted the Federal Chamber of Labour, which has emphasized that the problem of non-registration with the social insurance scheme mainly concerns work performed on an hourly basis and cannot therefore be controlled by insurance institutions or the labour inspectorate. Moreover, in most cases, foreign workers are not registered with the social insurance scheme because they do not have a residence or work permit. The Government indicates that it has taken measures against clandestine work within the framework of Act No. 895/1995 with a view to combating abusive practices. Moreover, the Federal Chamber of Labour has not requested that other measures be taken. The Committee notes all this information. It requests that the Government continue providing information in future reports on any new elements in this respect.

CMNT_TITLE

In its previous comments, the Committee asked the Government for information on the registration of foreign women employed in domestic households, in light of the Federal Chamber of Labour's comments that these women often were not registered for sickness insurance because they tend to work on an hourly basis and employers are reluctant to register them. In its reply, the Government states that there is entitlement to benefit irrespective of whether the employment is registered or contributions are paid; thus non-registration has no negative effects, particularly concerning maternity benefits. The Committee notes this information. It requests the Government to supply information on whether, during the period for which the report is concerned, unregistered household workers, in particular foreign workers without a formal employment contract, have applied for sickness benefit under the sickness insurance fund and, if so, whether benefit has in fact been paid.

The Government also states that it has contacted the Federal Chamber of Labour concerning non-registration of household employees with the sickness insurance fund and that further developments in this area will continue to be examined. The Committee would appreciate being kept informed of any such developments.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. The Committee notes the information supplied by the Government in its report, as well as the comments made by the National Labour Federation, according to which law enforcement has proved very difficult in respect of foreign women employed in domestic households, as their employment relationships were often on an hourly basis and the employers were increasingly reluctant to register them for sickness insurance, in breach of the duty to insure. The Committee hopes that the Government's next report will contain full information in reply to the comments made by the National Labour Federation, including information on any measures taken or contemplated to strengthen in practice the application of the Convention to this category of protected persons.

[The Government is asked to report in detail in 1996.]