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

The Committee notes the detailed information, including statistical information, provided by the Government and asks the Government to reply to the following points.

1. The Committee notes the detailed information provided by the Government in reply to its general observation of 2002 on the issue of sexual harassment, outlining the relevant legal provisions covering private and public employment. The definition of sexual harassment for the private and the public sectors includes both quid pro quo and hostile working environment. The Committee notes that 21 per cent of the contacts made in 2001 with the Ombudsman for Equal Opportunities concerned sexual harassment and that most of the 22 new applications made to the Equal Opportunity Commission in 2001 were complaints against sexual harassment.

2. Further to its previous comments and the Government’s denunciation of Convention No. 89, the Committee notes that Federal Act No. 122/2002 repeals the prohibition of night work of women in order to promote equal opportunity and treatment between women and men. It also notes the existing legislative provisions to ensure that women would not be disadvantaged by the new situation. For instance, in the absence of a collective agreement, working hours are subject to agreement between the worker and employer (section 19c of the Hours of Work Act) and persons performing night work can request a transfer to day duties when this is required, taking into consideration necessary childcare responsibilities for children up to 12 years of age (section 12b(2)(2) of the Hours of Work Act). The Committee requests the Government to provide information on the impact and operation of the new provisions of night work on the employment situation of women.

3. The Committee recalls that section 197b of the Agricultural Labour Act and section 92b of the Organization of Work Act oblige the employer to consult with work councils on measures to promote women, including through the accommodation of family responsibilities and the possibility of workplace agreements in this regard. It reiterates its request to the Government to provide information on the application of these provisions in practice, including the extent to which such workplace agreements are being concluded. With regard to section 9(1) of the Federal Equality of Treatment Act, dealing with the composition of appointment commissions, the Committee asks the Government again to indicate whether any thought has been given to a possible amendment of this section to provide for equal representation of men and women in such commissions, wherever possible.

4. The Committee notes from the Government’s report that women continue to be disadvantaged in the labour market as compared to men due to their concentration in a few sectors and occupations, limited occupational choices, low income, lower levels of qualification, fewer career opportunities, employer-held stereotypes, need to interrupt careers for "typically female" household and childcare responsibilities, and lack of childcare facilities. In this context, the Committee notes the publication "Gender-specific disparities", which contains extensive statistical data and analysis with regard to the situation of men and women in society, including in education and employment and concerning family responsibilities for the year 2000 and earlier. The Committee hopes that such information could be provided also for the subsequent years in order to allow the Committee to assess more recent developments and the impact of measures taken with regard to the application of the Convention. Noting the information provided on the policies followed and measures taken by the Ministry of Economy and Labour and the public employment service to promote women’s employment and to address inequalities, the Committee requests the Government to provide similar information in its future reports.

5. Noting the introduction of the childcare benefit in 2002, the Committee asks the Government to continue to provide information on the impact of this measure on equality of opportunity and treatment of women with regard to employment and occupation.

6. The Committee notes the findings of the research project "Qualified part-time work in Austria. Status quo and potentials", annexed to the Government’s report. It notes that part-time work is relatively uncommon among men and that only 15 per cent of the women in part-time employment interviewed performed highly qualified or leading positions, compared to 45 per cent of male part-timers. The Government is asked to provide information on the follow-up to this study with regard to ensuring that the objectives and requirements of the Convention are fully taken into account, when promoting part-time employment.

7. The Committee notes with interest that a fourth regional office of the Ombudsman for Equal Opportunities has been established in 2002 for the province of Upper Austria. Please continue to provide information on the activities of the various bodies of the national equality machinery, including any court decisions on equal treatment.

8. The Committee notes the various initiatives undertaken to promote training and employment of the Roma and asks the Government to continue to provide information concerning this ethnic minority, including statistical information on their level of education and labour market participation. The Committee also reiterates its previous request to the Government to provide information on how the employment situation of all ethnic minorities, including persons of immigrant background, is monitored, so as to be able to plot trends and assess the impact of the national non-discrimination policy on their access to employment, and to ensure non-discrimination, irrespective of race, colour, national extraction or religion, in the context of recruitment. Please also provide information on the implementation of the EQUAL Community initiative with regard to racism and xenophobia in the labour market.

9. The Committee notes that the Ministry of the Economy and Labour is currently preparing a bill amending national equality legislation to implement the three recent EU directives on equality for adoption in the Council of Ministers and consideration in Parliament in autumn 2003. The Government is asked to keep the Committee informed of the progress made in this regard.