Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes with interest that, in reply to its previous observation concerning the measures taken by the Länder to give effect to the Equality of Treatment Act, 1979, in respect of agricultural and forestry workers, the Government points out that the following Länder have amended their labour legislation in this respect: Upper Austria, Tyrol, Vienna, Lower Austria, Salzburg, Carinthia (Kärnten) and Vorarlberg.

2. It also notes the comments of the Federal Chamber of Commerce which, with regard to the Equality of Treatment Act, calls for reports on the equality achieved in practice in enterprises to be submitted on a more regular basis. The Committee requests the Government to comment specifically on this point.

3. Further to its previous comments on the impact of the new provisions of the Equality of Treatment Act, and particularly with regard to the positive measures adopted and mediation activities available through the statutory bodies, the Committee notes with interest that the Equality of Treatment Committee has been transferred from the authority of the Ministry of Labour and Social Affairs to that of the Federal Chancellery (Federal Ministry of Women's Affairs) and continues to undertake a wide range of activities to promote equality of opportunity and treatment. The Committee requests the Government to continue supplying information of this type on the application of the Equality of Treatment Act.

4. The Committee notes from the Government's report that substantial amendments to the Equality of Treatment Act (with the intention, among other measures, of including sexual harassment as a form of discrimination, and the adoption of heavier penalties in the event of violations of the Act, including discriminatory advertisements of job vacancies) are currently being debated by the Parliament. It requests the Government to keep it informed of the progress achieved in respect of this draft amendment and to supply a copy of the text which is adopted.

5. It also notes the information contained in the report on an Equality of Treatment Bill for federal state employees (Bundesbedienstete) to prohibit any discrimination against women with respect to access to employment, promotion and other conditions of employment, and to promote special measures designed to increase the proportion of women staff to 50 per cent. It requests the Government to keep it informed of developments with regard to this Bill and to supply it with a copy of the text.

6. In this context, the Committee would be grateful if the Government would keep it informed of the progress achieved in the adoption of another Bill to amend the Act respecting the promotion of the labour market, in accordance with which special measures would be implemented respecting the employment of women with a view to eliminating any discrimination relating to the employment opportunities and treatment of women workers.

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