Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the detailed information contained in the Government’s report and the numerous documents attached to it. It thanks the Government for the information supplied which replies to its previous direct request.

1.  The Committee notes with interest the adoption of amendments to the Act on the Employment System, as well as to the Equality of Treatment Act. The former gives the works council greater rights to be involved in measures to promote women in firms and to reconcile work and family life (amendment BGB1. No. 108/1979). The latter provides for the establishment of regional legal assistance offices for equality of treatment, the reimbursement of costs for persons giving evidence to the Commission for Equal Treatment and the establishment of sexual harassment by a third party (colleague or client), even when the employer has not failed in his obligations (BGB1.I, No. 44/1998). It notes that under this amendment a regional bureau for equality of treatment has been established by decree of the Federal Chancellor for the Länder of Vorarlberg, Tyrol and Salzburg. The Committee requests the Government to continue to supply information on these institutions and any others established to promote equality and non-discrimination. It also requests the Government to include detailed information on any complaints and judicial decisions handed down in connection with application of the Convention.

2.  The Committee notes that discussions are continuing between the social partners and the Government in regard to "major" amendments to be made to the Act on Equal Treatment; these relate to the burden of proof and fines imposed in cases of breach of the law, in parallel with the evolution of European legislation. It requests the Government to keep it informed on the developments and adoption of these amendments.

3.  The Committee notes with interest the activities of the Employment Service, in particular the National Employment Action Plan which places emphasis on the promotion of women’s skills and competence and the reconciliation of work with family life. It notes with interest that the concept of equality of treatment is widely incorporated in the various federal policies, of which the National Employment Action Plan is a part. It also notes that these measures, particularly those concerning family responsibilities, have already had a positive impact on women’s participation in the labour market. The Committee also notes with interest the measures for promotion and incorporation in the labour market in regard to disabled persons.

4.  The Committee thanks the Government for the statistical data contained in the report of the central administrations on development of the situation regarding equality of treatment and the promotion of women in the civil service. It notes that the distribution of men and women in most spheres of the civil service seems to tend towards equal representation. It notes that, even for university teachers, there is a slight increase in the proportion of women, although this still remains too low. The Committee requests the Government to continue to supply statistical information, including statistics on the participation of women in various posts and occupations.

5.  The Committee notes the experts’ report concerning discrimination in apprenticeship (Annex No. 5), which affirms that young women are still discriminated against in access to, and treatment during, apprenticeship, particularly in the types of occupation traditionally considered as "men’s occupations". It also notes that one of the reasons put forward by employers in regard to their reluctance to employ young women is the prohibition on night work for women. The Committee notes that measures contained in the National Employment Action Plans for 1998 and 1999 (attachments Nos. 9 and 10) for the promotion of women’s employment also correspond to the experts’ recommendations in this report on discrimination in apprenticeship. Here the emphasis is placed on education and awareness intended to counter sexist stereotypes and to promote financial and fiscal incentives for the employment of women, measures for reconciling work and family life and, finally, the preparation of sexually neutral legislation on night work. The Committee notes that the National Employment Action Plan for 1998 provides for adoption of this legislation by 2001 at the latest and requests the Government to inform it on progress in this matter as well as on the application of the above measures.

6.  The Committee notes that the Government continues having to combat acts of racism, anti-Semitism and xenophobia perpetrated by extreme right groups in the country. The Committee notes that the National Employment Action Plan for 1999 includes measures designed to encourage the integration of ethnic minorities, prepare assistance measures to reduce obstacles to their access to employment and improve their living conditions. The Committee requests the Government to supply with its future reports information on discrimination observed in employment based on criteria of race, colour, national extraction or religion and on the special measures adopted to combat such discrimination.