Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Autriche (Ratification: 1949)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the observation from the Austrian Federal Economic Chamber (WKÖ) and the Austrian Chamber of Labour (AK) communicated with the Government’s report.

Articles 3 and 5(a) of the Convention. Functions of the labour inspection service. Effective co-operation between the labour inspectorate and other Government services engaged in similar activities. The Committee notes the Government’s indication that in January 2021, the Anti-Fraud Office (ABB) was created in accordance with the Federal Act on the Creation of an Office to Combat Fraud (BGBl. I No. 104/2019). The Anti-Fraud Office, which covers the entire federal territory of Austria, includes the financial police which is responsible for (i) exposing breaches of the provisions of the Wage and Social Dumping Prevention Act (LSD-BG, BGBl. I No. 44/2016 as amended); (ii) exposing the illegal employment of foreign workers; (iii) exposing breaches in relation to the domestic and international transfer of agency workers, and (iv) exposing benefit fraud under the Penal Code (BGBl. No. 60/1974 as amended). The Committee notes that according to the annual report of the financial police, in 2021, 1,395 establishments were inspected according to the Wage and Social Dumping Prevention Act and in 925 cases, criminal charges were filed. In addition, 395 complaints were filed for underpayment, which affected a total of 1,451 employees. The penalties imposed by the financial police amounted to €3.15 million. The Committee also notes that according to the Wage and Social Dumping Prevention Act (LSD-BG), the Minister of Labour and the Minister of Finance must draw up an annual plan for effective control against wage and social dumping and report to the National Council. The Committee requests the Government to provide information on the measures taken to ensure coordination between the labour inspectorate and the financial police in the enforcement of legal provisions related to wages. Noting that the duties of the Anti-Fraud Office include the exposure of illegal employment of foreign workers, the Committee requests the Government to provide information on the actions taken by the financial police and/or the labour inspectors (including the provision of information and advice) to ensure the enforcement of legislation with respect to the payment of wages and other benefits for the period of the effective employment relationship of the foreign workers found in an irregular situation.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judicial system. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial system. The Committee notes the Government’s indication that complainants are not informed of criminal court procedures due to data protection reasons. The Government indicates that the only exception relates to the protection of apprentices for which the Vocational Training Act requires the Public Prosecutor’s Office to inform labour inspectors about the initiation of preliminary criminal proceedings and requires the courts to communicate the final judgement of such offences. The Committee further notes the Government’s information about the development of the digital procedure management system in some courts within the framework of the pilot project “Justiz3.0” which would allow the evaluation of occupational accidents in connection with criminal convictions or court decisions issued in this regard. The Committee notes that the labour inspection reports include information on the number of administrative procedures and the fines imposed, and also the number of referrals to the public prosecution services, but does not indicate the judicial decisions for cases referred by labour inspectors. Therefore, the Committee requests once again that the Government indicate the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities, without detriment to data protection, such as the establishment of a system for the recording of judicial decisions accessible to labour inspectors. It also requests the Government to provide further information on the development of the pilot project for the evaluation of occupational accidents in connection with criminal convictions. Moreover, the Committee once again requests the Government to ensure that information related to the outcome of 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.

Articles 10 and 16. Sufficient number of labour inspectors. Frequency of labour inspections. The Committee notes the indication in the observation of the AK that there is an urgent need to address the shortage of labour inspectors working in the field. The AK indicates that in 2018, there were 303 labour inspectors for 3,349,368 employees, while for the period 2019/2020 the number of staff has fallen to 293 inspectors and the number of employees increased to 3,419,243. The trade union also indicates that in order to address the increasing problems related to wages, social dumping and moonlighting and ensure the protection of workers, more monitoring needs to be carried out and that this would require a massive staff increase in the financial police and labour inspectorate. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the reasons for the decrease in the number of labour inspectors and on the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 17 and 18. Legal proceedings without previous warning. Adequate penalties.The Committee notes the AK’s indication that the federal government’s requirement for “advice, not punishment” and for a reduction in the number of criminal charges have led to a significant reduction in criminal charges filed by labour inspectors. The AK also indicates that, in order to protect workers’ health, higher penalties in case of violations would be needed. The Committee requests the Government to provide its comments in this respect.