Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Prohibited grounds of discrimination. Political opinion. The Committee notes the Government’s indication that political opinion was not explicitly included as a prohibited ground of discrimination in the equal treatment legislation, but could be subsumed under the ground of belief (Weltanschauung). However, there was no jurisprudence in this regard as of yet. According to the Federal Chamber of Labour, the Federal Equal Treatment Commission considers discrimination based on belief to include discrimination on the ground of party membership. The Committee asks the Government to provide information on any future jurisprudence concerning discrimination based on belief and the related practice of the specialized bodies under the equality legislation.

2. Social origin. The Committee notes the Government’s statement that, in many cases, social origin is linked to ethnic origin and, therefore, in such cases protection is available under the existing legislation. The Government submits that discrimination exclusively on the basis of social origin in employment and occupation is not likely to occur. Given the subtle and complex nature of employment discrimination, the Committee finds it difficult to accept affirmations that a certain form of discrimination does not exist, particularly when no information on the basis for such an affirmation is being provided. With regard to the ground of social origin, the Committee notes that, in fact, it has been observed in some countries that persons emanating from certain geographical areas or socially disadvantaged segments of the population (other than persons with ethnic minority background) face exclusions with respect to recruitment, without any consideration of their individual merits. The Committee requests the Government to provide information on any studies or reports concerning discrimination in employment and occupation on the ground of social origin. In the absence of any such studies, please indicate whether consideration is being given to examining this matter further.

3. Age, disability and sexual orientation. Noting the Government’s reply to its previous comments concerning the grounds of age, disability and sexual orientation, the Committee recalls that Article 1(1)(b) of the Convention envisages that countries address discrimination on other grounds than those explicitly enumerated in Article 1(1)(a) (see General Survey, 1988, paragraph 30). Thus, as indicated in Article 1, “[f]or the purpose of this Convention the term discrimination includes” discrimination on the grounds listed in Article 1(1)(a), as well as discrimination based on any other grounds, “as may be determined by the Member concerned after consultation with representative employers’ and workers’ organizations” (Article 1(1)(b)). Noting from the Government’s report that the legislation concerning discrimination based on age, disability and sexual orientation has been adopted after consultation with the social partners, the Committee would consider that the Government has availed itself of the possibility envisaged under Article 1(1)(b). It requests the Government to continue to provide information on the elimination of discrimination on the grounds of age, disability and sexual orientation in its future reports.

4. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes that the Government has committed to provide information in reply to its previous comment on this matter. It welcomes the information provided by the Federal Chamber of Labour concerning initiatives and projects to combat racism and promote diversity at work, including the preparation of a model anti-discrimination workplace agreement and the pilot project to provide inter-cultural training to labour market service officers. The Committee urges the Government to provide in its next report information on the employment situation of persons with an ethnic minority background, including migrants, and information on the measures taken to promote their equality of opportunity and treatment. In particular, the Committee requests the Government once again to provide detailed information with respect to the situation of the Roma.

5. Equality of opportunity of men and women. The Committee notes from the detailed information on the situation of men and women in the labour market that the position of women has continued to improve with respect to a number of indicators, particularly as regards their labour force participation and employment rate. However, women’s unemployment rate decreased to a lesser degree than men’s and the gender pay gap remains high. While men’s part-time rate increased, it remains extremely low. The Committee notes the information on the measures taken by the labour market service to address gender-based occupational segregation and to assess the gender impact of the various labour market measures. The Committee requests the Government to continue to provide information on the measures taken to promote gender equality in private and public employment and the progress made, including statistical information.

6. Employment services. The Committee notes from the Joint Report
2004–05 under section 24 of the Equal Treatment Commission and Equal Treatment Ombudsperson Act that the labour market service communicates to jobseekers preferences of enterprises relating to the sex or age of the person to be recruited but does not provide the names of the enterprises concerned which makes it impossible for jobseekers to bring discrimination complaints. The Committee requests the Government to provide information on the measures taken to ensure that the labour market service does not entertain discriminatory requests from enterprises and to ensure that jobseekers who consider themselves excluded from a recruitment process on discriminatory grounds are given access to the information required to bring complaints. Please indicate whether any internal instructions or guidelines for labour market service officers exist on how to deal with discriminatory requests from enterprises.

7. Workplace measures. The Committee notes the Government’s indication that workplace agreements on gender equality tend to exist in larger enterprises, but that it has no precise information on the current situation with regard to such agreements. The Federal Chamber of Labour states that it has been a long-standing demand of the workers’ organizations to make workplace agreements on gender equality compulsory. The Committee also notes from the abovementioned Joint Report that in practice an increasing number of enterprises seek advice from the Equal Treatment Ombudsperson on voluntary gender equality measures and that the Equal Treatment Ombudsperson suggested the introduction of minimum legal requirements in this regard which would involve setting of targets with regard to achieving de facto equality. The Committee requests the Government to make an assessment, on a tripartite basis, of the extent to which use is being made of the possibility to conclude workplace agreements on gender equality and asks the Government to provide information in this regard. The Committee also requests the Government to provide information on the measures taken to follow up on the proposed creation of a legal basis for workplace measures to achieve de facto equality, including information on how it will be ensured that work councils can participate in the elaboration, implementation and assessment of equality plans.

8. Work and family. The Committee welcomes the range of initiatives undertaken by the Government and social partners to promote the access to employment of workers with family responsibilities and the reconciliation of work and family responsibilities, including the measures taken by the labour market service and in the framework of the Family Alliance. However, the Committee also notes that, according to the Federal Chamber of Labour, work and family reconciliation was still widely considered as a women’s issue and that the demand among men for part-time work for family reasons is low. The number of men drawing childcare allowance introduced in 2002 remains low as well. The Committee requests the Government to provide information on the following:

(a)   the impact of the recent reforms of the childcare allowance (flexibilization, increase of permitted income during receipt of childcare allowance);

(b)   the results of the evaluation of part-time work of parents mentioned in the Government’s report, including the effects of the right to part-time work for parents on gender equality in employment and occupation;

(c)   the progress made in encouraging a better sharing of family responsibilities between men and women.

9. Finally, the Committee requests the Government to continue to provide detailed information on the activities of the Equal Treatment Commission and Ombudspersons, including copies of their periodic reports and information on the number, nature and outcomes of the cases and situations brought before them. Please also continue to provide information on judicial decisions concerning equality of opportunity in employment and occupation.