Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspection Convention, 1947 (No. 81) - Austria (Ratification: 1949)

The Committee notes the information provided by the Government in reply to its previous requests concerning: the ongoing restructuring of the labour inspection services aimed at achieving the standardization and increased efficiency in labour inspections in the transport and other sectors (Articles 4, 7, 10 and 16 of the Convention), the operation by the labour inspectorate of a database with information on construction sites that is made available to other authorities (Articles 5(a) and 21(e)), and the possibility of the labour inspection services to notify labour law violations to the authorities responsible for awarding public procurement contracts (Article 18).

The Committee also notes the clarifications provided by the Government in its report and the observations of the Federal Chamber of Labour (BAK) attached to the Government’s report on the cross-border collaboration between the Austrian tax authorities and other authorities in European Union (EU) Member States concerning social security fraud, as well as wage and social dumping. The Committee notes that these functions do not fall within the responsibilities of the labour inspection services.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judicial system. In its previous comments, the Committee noted the concern expressed by the BAK that the labour inspectorate was not systematically informed of the outcome of criminal court procedures concerning labour law violations. In this respect, the Committee notes the Government’s indication that the labour inspectorate has, in specific cases, such as industrial accidents, the right to apply for access to the criminal file or to receive a copy of the relevant court decision. In this regard, the Committee notes the Government’s indications that no information is available on the number of court decisions communicated to the labour inspectorate, or on whether any requests to obtain such information have been made by the labour inspection services. The Committee also notes that the statistical information in the Government’s report only relates to administrative fines, and not to the criminal penalties for labour law violations (such as penalties relating to fatal accidents which are imputable to a law infringement). The Committee requests the Government to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial system (especially the establishment of a system for the recording of judicial decisions accessible to labour inspectors). In this regard, the Committee requests that the Government take measures to ensure that information related to the outcome of the cases referred to the judicial system by the labour inspectorate (number of convictions in relation to the infringements reported, nature of sanctions applied, amount of fines imposed, etc.) is included in the annual labour inspection reports.