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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Austria (Ratification: 1974)

The Committee notes the report provided by the Government. It would be grateful if it would provide with its next report, in addition to information on the activities of the labour inspectorate in the field of home work, information on the minimum wage rates applicable to homeworkers and if it would supply copies of the legislative or other texts fixing such minimum wages, in accordance with Article 5 of the Convention and Part V of the report form. The Committee also notes the Government’s statement that persons engaged in atypical forms of employment, such as employment on the basis of work agreements (werkverträgen) and free service agreements (freien dienstverträgen), are not covered by the definition of "employees" within the meaning of the legislation that is in force and that they are not therefore subject to the provisions of this Convention. The Committee is bound to recall in this respect that the Convention sets forth certain basic principles relating to the fixing of minimum wages, irrespective of the nature of the employment relationship. It also recalls that the fundamental objective of the Convention is to guarantee a decent level of remuneration for the most vulnerable categories of workers and it requests the Government to indicate the measures which have been taken or are envisaged, in accordance with the Convention, to extend the protection afforded in relation to minimum wages to the increasing number of workers not covered by a traditional employment relationship. Finally, the Committee would be grateful, so that it can assess the effectiveness of the minimum wage-fixing system through collective agreements, within the meaning of Article 1, paragraph 1, of the Convention, to be provided with information on the coverage rate of these agreements at the national level, the sectors covered and the average level of wages determined by such agreements.