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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Austria (RATIFICATION: 1973)

1. Article 1 of the Convention. Legislative developments. The Committee notes that the Austrian legislation on equal treatment of men and women has been amended in order to transpose pertinent European Union directives. As of 1 July 2004, the Equal Treatment Act covers equal treatment in employment and occupation on the grounds of sex, ethnic origin, religion or belief, age, or sexual orientation in respect of private employment relationships, while the Equal Treatment Commission and Equal Treatment Ombudsperson Act sets up the institutions to promote equal treatment and address discrimination on these grounds (Federal Gazette No. 66/2004). Likewise, the Federal Equal Treatment Act, 1993, which applies to employment relationships with the State (federal level) has been amended to cover the grounds of ethnic origin, religion or belief, age, or sexual orientation (Federal Gazette No. 65/2004). In addition, new provisions prohibiting discrimination in employment and occupation on the ground of disability have been included in the Act on Employment of Persons with Disabilities, 1979 (Federal Gazette No. 82/2005). The Committee asks the Government to provide detailed information on the practical application of the equal treatment legislation, as it relates to employment and occupation, including information on the work accomplished by the Equal Treatment Commission, the Equal Treatment Ombudsperson, the various institutions set up under the Federal Equal Treatment Act, as well as relevant jurisprudence. The Government is also invited to indicate whether it considers the grounds of age, sexual orientation and disability to be covered by the Convention by virtue of its Article 1(1)(b) and whether any consultations with social partners have been held on this question.

2. Discrimination on the ground of political opinion and social origin. While welcoming the 2004 revision of the equal treatment legislation, the Committee notes that it did not include the grounds of social origin and political opinion, which are listed in Article 1(1)(a) of the Convention. Recalling that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey, 1988, paragraph 58), the Committee asks the Government to provide information on how protection from discrimination in employment and occupation is ensured with respect to the grounds of social origin and political opinion.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that the following indicators are used to assess sex-based labour market inequalities: labour force participation rates, unemployment and employment rates, levels of segregation and income disparities. The Committee requests the Government to provide on a continuing basis information on the progress made in addressing inequalities between men and women in the labour market measured against these indicators, including relevant statistical data and the Government’s analysis thereof. The Government is also asked to continue to provide information on the measures taken by the competent ministries and the public employment services to promote the equal participation of men and women in vocational training and employment and occupation, including measures taken to addressed sex-based labour market segregation (horizontal and vertical) and to promote a reconciliation of work and family and a more equitable sharing of family responsibilities.

4. Workplace measures. The Committee notes that under section 22 of the Equal Treatment Act, specific measures to promote equality at work aiming to prevent or compensate for disadvantages linked to any of the prohibited grounds covered by the Act are not considered to be discrimination. The Committee notes that such positive measures can be taken in laws and regulations, but also at the enterprise level or in collective agreements. It this context, the Committee recalls its previous comments on the employer’s obligation to consult with works councils on measures to promote gender equality and the possibility to conclude workplace agreements in this respect. It notes that the Government was not able to provide information on the extent to which such consultations are in fact being held and whether any such workplace agreements have been concluded. The Committee emphasizes that proactive action at the enterprise level is an important element of any effective strategy to promote gender equality at work. It requests the Government to provide detailed information on the extent, nature and impact of the measures taken at the enterprise level, through consultations between management and works councils and workplace agreements or through collective bargaining, with a view to promoting gender equality in employment and occupation.

5. Part-time work. The Committee notes with interest that amendments in 2004 to the Maternity Protection Act and the Paternity Leave Act (Federal Gazette No. 64/2004) introduced an entitlement to part-time work until an employee’s child has reached the age of 7 years or enters primary school, under the condition that the employee has been working for at least three years with the same employer and the enterprise has more than 20 employees. The Committee notes the Government’s statement that this measure promotes equality of opportunity and treatment in accordance with the Convention as the right to part-time work was granted to men and women. However, the Committee also notes that in 2003, the ratio of women in part-time work was as high as 37 per cent, while that of men was only 3.8 per cent. According to the 2004 research report "Qualified part-time work in Austria", part-time work occurs more often at lower levels of employment and it is widely perceived as an obstacle to career development. The Committee also notes that women mainly work part-time to carry out family responsibilities, while men tend to work part-time in order to obtain additional training or in the absence of full-time work opportunities. The Committee acknowledges that part-time work is an important tool to reconcile family and work, but it stresses that measures should be taken to ensure that reliance on part-time work does not reinforce or exacerbate existing gender inequalities in the labour market. The Committee requests the Government to provide information on any measures taken to increase men’s share in part-time work and to secure qualifications and career opportunities for part-time workers. The Committee hopes that the Government will undertake an assessment of the impact of the new part-time entitlement on the enjoyment of equality of opportunity and treatment of women and men in employment and occupation and to provide the results of such an assessment to the Committee.

6. Equality of opportunity and treatment on the grounds of race, colour, and national extraction. The Committee notes that according to the official labour market data for 2004, the rate of registered unemployment for non-nationals was 10 per cent (10.6 for men and 9.1 for women), with a rate of 13.2 per cent for Turkish nationals. In comparison, the unemployment rate for the entire population was 7.1 per cent. It also notes from the Government’s report that through eight development partnerships within the European Community EQUAL initiative activities are being implemented to combat racism and xenophobia in the labour market. These partnerships are made up of a variety of partners, including workers’ and employers’ organizations. Finally, the Committee notes that the Government’s report does not provide any information in respect to the situation of the Roma in reply to the Committee’s previous comments. The Committee requests the Government to provide detailed information on the employment situation of persons with an ethnic minority background, in particular migrants and the Roma, and the specific measures taken by the Government to promote their equality of opportunity and treatment in employment and occupation. The Government is also requested to provide more information on the implementation, results and impact of the development partnerships to combat racism and xenophobia in the labour market under the EQUAL initiative.