Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the report of the Government and the attached documentation. It thanks the Government for transmitting the statistical information and the report on the evaluation survey on the Women's Advancement Programme in the Federal Civil Service supplied in reply to its previous direct request.

A. Equality of opportunity and treatment between men and women

1. Access to training. The Committee notes the various measures set out in the report with respect to increasing women's access to training. In particular, it takes note of the programme of "Labour Market Administration for Women" which contains skills-training measures including the establishment of a new grants system to promote late vocational training for adults for which a notice aimed specifically at women in search of employment was published, the development of new training possibilities in both traditional and non-traditional occupations for unemployed women, and the provision of measures such as child-care assistance to increase women's participation in all courses. The Committee also notes the activities carried out by the regional employment services to increase women's access to technical training including publicity and information efforts, introductory and career orientation course offerings, advice centres for girls and women and the continuation of the sponsorship programme. The Committee also notes that elements of other more comprehensive programmes such as "Aktion 8000" include activities which promote women's access to vocational training.

2. The Committee notes that many of the above described efforts are aimed at increasing women's participation in non-traditional occupations. It recalls the importance of taking such measures in vocational training and guidance for the promotion of equality of opportunity and treatment in employment and occupation and requests the Government to supply information on the number of women participating in such courses, the results achieved in training women for both traditional and non-traditional jobs and the success rate of their gaining entry to such jobs after completing the training.

3. The Committee notes from the statistics provided by the Government that women's percentage rate of unemployment has increased over that of men in 1990. It would therefore underline the importance it places on the above described efforts aimed at unemployed women and requests the Government to supply information on the results achieved in the employment rate of women who have completed the training.

4. Access to employment. With reference to its previous comments concerning non-discriminatory vacancy offers, the Committee notes the Government's statement that sanctions were not included in the amendment of the Equality of Treatment Act, for violation of the principle that job advertisements may not specify that only members of one sex will be considered, on constitutional grounds. The Committee would be grateful if the Government would provide a more detailed explanation of the legal basis for this position.

5. In practice, the Committee notes from the Government's report that job vacancies advertised in the Labour Market Administration (AMV) contain no reference to the sex of the potential applicant except in cases where a person's sex is an inherent requirement of the job such as where regulations impose restrictions on employing men or women. It would be grateful if the Government would indicate other positions wherein the criterion of sex is deemed to be a genuine occupational qualification sufficient to justify offers of employment to members of only one sex.

6. The Committee asks the Government to provide information on the percentage of vacancy announcements which continue to specify the sex of the applicant sought and the measures taken to ensure that the legislative provisions prohibiting discriminatory vacancy offers are respected. It also requests the Government to supply copies of any court decisions in which the issue of discrimination in job vacancy advertisements has been raised.

7. Terms and conditions of employment. The Committee notes the provisions of section 2, paragraph 2, in the amendment to the Equality of Treatment Act, to ensure that the criteria used in collective agreements in the formulation of criteria to assess work performed by women and that performed by men for purposes of wage determination should not be discriminatory. The Committee requests the Government to provide full particulars on the application of these new provisions so that they may be examined together with the information provided by the Government under Convention No. 100 on equal remuneration. It also requests the Government to provide information on the work of the committee set up under the Equality of Treatment Committee to ascertain whether the classification criteria for the different wage groups contained in the collective agreements permit discriminatory practices, and to supply any recommendations and conclusions formulated by this committee.

8. The Committee notes the measures indicated in the report to assist workers with family responsibilities including those aimed at self-employed mothers, the improvement of child-care facilities, the granting of child-minding allowances and provision for part-time work.

9. The Committee notes from the information in the Government's report that as from 1 January 1990, married mothers are also entitled to grants of special emergency aid pursuant to section 39 of the Collective Labour Relations Act.

10. The Committee notes that in a decision of the Constitutional Court on 6 December 1990 different ages for pension entitlement between men and women were declared unconstitutional. It requests the Government to provide full particulars on the decision including the resulting changes in the law on pension entitlement ages.

11. Enforcement of equality provisions. The Committee notes from the Government's report that the recent amendment to the Equality of Treatment Act established various regulations concerning compensation for infringement of the requirements of equality of treatment including the victim's right to claim and receive higher wages, social contributions, inclusion in a training scheme or damages for breach of trust. It requests the Government to provide information on the application of these new provisions in practice including statistics on the number of complaints made under the Equality of Treatment Act, as amended, to both the Equality Committee and directly to the courts, and the disposition of the cases including the types and amount of compensation awarded.

12. With respect to its previous comments concerning reprisals the Committee notes the information provided by the Government concerning the protection afforded against dismissal under the 1986 amendment to the Labour Code. It requests the Government to indicate the manner in which claimants alleging violations of the principle of equality are protected against reprisals other than dismissals.

13. The Committee notes the report on the cases investigated by the Equality of Treatment Committee and requests the Government to continue to supply information on such cases in the future.

14. Studies and publications. The Committee notes from the Government's report that within the context of a working group on labour law in relation to women, an attempt will be made to draw up a catalogue of current discriminatory practices and proposals for statutory solutions in accordance with the principle of equality of treatment and non-discrimination. The Committee would be grateful if the Government would supply information on the contents of the catalogue and proposals elaborated by the committee.

15. The Committee notes the publication of Volumes 15-18 in the series of publications entitled "The goal is equal treatment". It would be grateful if the Government would supply copies of these volumes along with any future publications in this series.

16. The Committee also notes the publications transmitted to the Office, including the in-depth study on "Disparities in the living conditions of men and women in Austria", as well as the reports on "Being ill is not on" and "Hard work - Low pay". It requests the Government to continue to supply studies undertaken in the field of the Convention.

B. Article 1(a) of the Convention - Grounds of discrimination

17. The Committee recalls that in previous comments it has referred to information from the Austrian Congress of Chambers of Labour indicating that mainstream case law does not admit the possibility of appealing to courts in the event of dismissal on grounds of political opinion or religion, since section 105 of the Collective Labour Relations Act of 14 December 1973 does not refer to these grounds of discrimination. The Committee requested the Government to indicate in detail how, within the framework of national policy, equality of opportunity and treatment is guaranteed without distinction on grounds of political opinion and religion.

18. The Committee notes the reply in the Government's report that dismissal on grounds other than those contained in the Collective Labour Relations Act, i.e. political or religious grounds, may not be contested under established legal practice and that a draft amendment to this section which contained a comprehensive protection against wrongful dismissal on political or religious grounds could not be adopted. It notes that no information was provided on the existence of any other guarantees against discrimination in employment or occupation on the grounds of political opinion or religion.

19. The Committee hopes the Government will be able to indicate in its next report the measures which exist to protect against discrimination in employment and occupation on the above-mentioned grounds in accordance with the provisions of the Convention.

20. The Committee requests the Government to provide information on the measures taken to promote equality of opportunity and treatment on the grounds of race, colour and national extraction in accordance with the Convention. In this context please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and education programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental groups.