Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. Further to its previous comments, the Committee notes with interest the amendment of the Equality of Treatment Act by the Federal Act of 27 June 1990, BGB1 No. 410, which, inter alia, expands the equality of treatment requirement and improves enforcement through the following provisions:

-.the extension of the equality of treatment requirement to all aspects of employment, in particular to the commencement of employment, promotion and career advancement and the termination of employment;

-.the stipulation that the equality of treatment requirement must be observed in the fixing of remuneration under collective bargaining agreements: such agreements should not provide for criteria for the evaluation of women's and men's work in such a way as to lead to discrimination;

- the establishment of compensation regulations to cover infringements of the equality of treatment requirement;

- the introduction of a special regulation regarding the burden of proof to the advantage of the complainant: workers or applicants for posts need only present prima facie evidence of discrimination and need not prove discrimination;

- the introduction of the possibility of "positive action" through special temporary measures to accelerate the realisation of de facto equality of treatment for men and women;

- the establishment within the Equality of Treatment Committee of the Office of Ombudswoman for Equality of Treatment Questions from whom women can seek advice; and

- the introduction of a requirement for the Minister of Labour and Social Affairs to report to the National Assembly.

The Committee requests the Government to report on the impact of these new provisions on the promotion of equality of opportunity and treatment between men and women and to provide information on the measures taken to implement them, including the adoption of positive action measures and the work of the ombudswoman.

2. According to the Government, the above-mentioned provisions represent mandatory principles for agricultural and forestry workers in respect of which the individual federal Länder may issue enforcement laws. The Committee notes with interest from the information in the Government's report that an amendment to the Ordinance concerning agricultural labour of 1985, LGB1 No. 11/1986, in the region of the Tyrol has introduced a comprehensive set of regulations for the prevention of discrimination between men and women employed in agriculture and forestry.

The Committee requests the Government to furnish information on the measures taken in the other federal Länder. 3. The Committee notes with interest the adoption of the Parental Leave Act, Federal Act of 12 December 1989, BGB1 No. 651, which allows each parent the possibility of claiming unpaid leave and receiving an allowance up until the end of the child's first year (second year if the child is born after 30 June 1990). It takes note of the Government's statement that this Act has positive effects on the employment of women by offering men the chance to look after their children from the beginning.

4. The Committee is addressing a request on other matters directly to the Government.