POSITIVE ACTION FOR WOMEN
|POSITIVE ACTION FOR WOMEN
The recently adopted Article 7(2) of the Austrian Constitution pledges the “Federation, Länder and local authorities … to true equality between man and woman. Measures to promote equality between men and women in practice, in particular by eliminating existing inequalities, shall be lawful.”
Measures of this kind are provided for in the case of federal government employees (see public service) under the Act on Equal Treatment for Men and Women in the Public Service (Bundes-Gleichbehandlungsgesetz). This lays down a generalized requirement for positive action in favour of women which is given more detailed expression in provisions on the preferential hiring of women (quota rule) and preferential treatment for women as regards both promotion and training and further training. In the case of the private sector, on the other hand, a 1999 amendment to the Labour Constitution Act (Arbeitsverfassungsgesetz) imposes an obligation on the employer to consult with the works council on positive action for women at company level and ways of reconciling childcare responsibilities with employment. Company-level forms of positive action and arrangements to make it easier to reconcile childcare responsibilities with employment may also be regulated by a works agreement.
In terms of their effect, the provisions of the Equal Treatment for Men and Women Act (Gleichbehandlungsgesetz) can also be described as positive action for women (see equal treatment). See also anti-discrimination law.))