Gender-related pay differentials examined
Published: 27 March 2001
Aside from the general principle of equal treatment in working life (Gleichbehandlungsgrundsatz) which has been developed by case law in Austria, a special obligation to apply the principle of equal treatment for men and women at work (Gleichbehandlungsgebot) is explicitly laid down in the 1979 Act on Equal Treatment for Men and Women (Gleichbehandlungsgesetz) (since amended). This prohibits any direct or indirect discrimination against an individual on the ground of sex as regards: the formation of an employment relationship; the determination of pay; the award of discretionary company benefits; training and further training schemes; promotion; all other employment conditions; and termination of the employment relationship. The Act classes as discrimination any form of prejudicial differentiation which is not justified on objective grounds. The penalties prescribed for infringements of this anti-discrimination law include the following: in the area of recruitment, compensation for the applicant amounting to two months' pay; in the area of promotion, compensation limited to the difference over four months between the pay that would have been received in the event of promotion and the employee's current pay; and in the area of continued payment of remuneration (eg during sickness), payment of the difference involved. As for the burden of proof in cases based on the Act, the employee or job applicant who alleges an instance of discrimination has to establish its existence.
Despite continued efforts to reduce gender-related pay inequality, in 2001 there are still notable differences between the wages of male and female employees in Austria. This feature summarises the legal framework for equal treatment, presents recent data on pay inequalities between women and men, and discusses possible reasons for these pay differentials as well as their industrial relations context.
The legal framework for equal treatment
Aside from the general principle of equal treatment in working life (Gleichbehandlungsgrundsatz) which has been developed by case law in Austria, a special obligation to apply the principle of equal treatment for men and women at work (Gleichbehandlungsgebot) is explicitly laid down in the 1979 Act on Equal Treatment for Men and Women (Gleichbehandlungsgesetz) (since amended). This prohibits any direct or indirect discrimination against an individual on the ground of sex as regards: the formation of an employment relationship; the determination of pay; the award of discretionary company benefits; training and further training schemes; promotion; all other employment conditions; and termination of the employment relationship. The Act classes as discrimination any form of prejudicial differentiation which is not justified on objective grounds. The penalties prescribed for infringements of this anti-discrimination law include the following: in the area of recruitment, compensation for the applicant amounting to two months' pay; in the area of promotion, compensation limited to the difference over four months between the pay that would have been received in the event of promotion and the employee's current pay; and in the area of continued payment of remuneration (eg during sickness), payment of the difference involved. As for the burden of proof in cases based on the Act, the employee or job applicant who alleges an instance of discrimination has to establish its existence.
To monitor equal treatment, the Act established an Equal Opportunities Ombudsman (Anwältin für Gleichbehandlungsfragen) and Equal Opportunities Commission (Gleichbehandlungskommission). The Commission is responsible for dealing with all sex discrimination issues and with instances of non-compliance with the obligation to ensure equal treatment for men and women at work. It also has the task of providing expert opinions on aspects of the infringement of this obligation. It is important to note that the parties to collective agreements are bound by the provisions of the Act on Equal Treatment for Men and Women.
In addition to this Act, a number of special provisions on promoting equality, based on positive action for women (Frauenförderung), have been enacted. According to the Austrian Constitution, all authorities are obliged to observe gender equality, implying an explicit obligation to eliminate existing inequalities. With regard to the employees of the federal state, measures in this area have been established by the 1993 Act on Equal Treatment for Men and Women in the Public Sector (Bundesgleichbehandlungsgesetz). This Act lays down a general requirement for positive action in favour of women, which is translated into detailed provisions for the preferential hiring of women (expressed in a quota rule) and preferential treatment for women concerning promotion, training and further training. In the private sector, a 1999 amendment to the Labour Constitution Act (Arbeitsverfassungsgesetz) obliges employers to consult with the works council on positive action for women at company level and on ways of reconciling childcare tasks with employment. Such company-level positive action measures and arrangements to make childcare compatible with employment may also be regulated by works agreements (Betriebsvereinbarung) between works council and management.
Gender-related pay inequality
In spite of the regulations summarised above, gender-related pay differentials are still considerable, as revealed by a recent report on the income of the Austrian population carried out by the national statistical office, Statistik Österreich ("Bericht gemäß Art 1§ 8 Bezügebegrenzungsgesetz, BGBl I Nr. 64/1967 für die Jahre 1998 und 1999", Statistik Österreich). The report provides data on the average gross pay of Austria's 3.6 million employees.
In 1999, a male employee earned ATS 378,571 (EUR 27,513) per year on average, as compared with ATS 227,284 (EUR 16,518) for a female employee. Hence, women's gross pay amounted to only 60% of that of their male colleagues. The same differential applied in 1998. Differentiating the figures by employment status reveals that gender-specific pay inequalities are higher among white-collar workers than among manual workers. In 1999, the average gross annual pay of female white-collar workers was ATS 276,011 (EUR 20,059), which was about 52% of that of their male counterparts. The corresponding figure for female manual workers was ATS 160,626 (EUR 11,674), or approximately 60% of male manual pay.
Table 1 below documents gender-specific pay inequality by sectors
| Sector | Gross annual wages, all employees | Women's wages as % of men's |
|---|---|---|
| Agriculture, hunting and forestry | ATS 196,371 (EUR 14,271) | 58% |
| Fishing | ATS 198,421 (EUR 14,420) | 67% |
| Mining and quarrying | ATS 464,673 (EUR 33,770) | 64% |
| Manufacturing | ATS 374,421 (EUR 27,211) | 59% |
| Electricity, gas and water supply | ATS 588,068 (EUR 42,738) | 56% |
| Construction | ATS 312,532 (EUR 22,713) | 75% |
| Wholesale and retail trade; repair of motor vehicles, motorcyles and personal household goods | ATS 295,605 (EUR 21,483) | 56% |
| Hotels and restaurants | ATS 153,381 (EUR 11,147) | 74% |
| Transport, storage and communication | ATS 307,626 (EUR 22,357) | 71% |
| Financial intermediation | ATS 530,803 (EUR 38,576) | 54% |
| Real estate, renting and business activities | ATS 301,201 (EUR 21,890) | 62% |
| Public administration and defence; compulsory social security | ATS 314,684 (EUR 22,870) | 71% |
| Education | ATS 290,869 (EUR 21139) | 74% |
| Health and social work | ATS 283,815 (EUR 20,626) | 61% |
| Other community, social and personal activities | ATS 274,340 (EUR 19,938) | 55% |
| Private households | ATS 155,064 (EUR 11,269) | 92% |
| Extra-territorial organisations | ATS 194,400 (EUR 14,128) | 62% |
| All sectors | ATS 319,403 (EUR 23,213) | 61% |
Source: Statistik Österreich.
As table 1 shows, the wage gap between men and women is most pronounced in financial intermediation (ie banking and insurance) which is characterised by high pay in relation to most other sectors and at the same time by a high level of white-collar employment. Women earn only 54% - ATS 369,800 (EUR 26,875) per year - of men's income in this sector. At the other extreme of gender-related sectoral pay differentials are private households and hotels and restaurants, where pay is far below average and the share of blue-collar employment high. With an average annual wage in 1999 of ATS 153,969 (EUR 11,190) in private households and ATS 136,006 (EUR 9,884) in hotels and restaurants, women received 92% and 74% of men's income respectively. The public sector, where women's wages were 71% - ATS 324,600 (EUR 23,590) - of men's in 1999, also has relatively low pay inequality. Overall, pay inequalities are accentuated by the fact that female employment tends to be concentrated in low-pay sectors. Aside from private households and hotels and restaurants, a typical example is the manufacture of textiles and clothing. In 1999, the sector's female employees had average annual pay of ATS 209,953 (EUR 15,258), amounting to 54% of the average wage of male employees. Sectoral variations in gender-specific pay inequality thus more or less reflect differences across sectors in terms of employment composition by gender and employee status, as well as differences in pay levels.
By contrast, one finds no clear pattern when comparing the different employment categories (ie private sector manual workers, private sector white-collar workers and public sector employees) with regard to gender-specific pay differentials by qualifications and tasks. As far as manual workers are concerned, no correlation between gender-related wage inequality and employees' level of qualifications and tasks is visible - as indicated by table 2 below.
| Level of qualification/tasks | Gross annual wages, all employees | Women's wages as % of men's |
|---|---|---|
| Unskilled (agriculture) | ATS 177,000 (EUR 12,864) | 53% |
| Unskilled (agriculture, hunting and forestry excluded) | ATS 198,200 (EUR 14,404) | 62% |
| Semi-skilled | ATS 261,700 (EUR 19,019) | 60% |
| Skilled | ATS 322,400 (EUR 23,430) | 53% |
| All categories | ATS 280,500 (EUR 20,385) | 53% |
Source: Statistik Österreich.
The same lack of correlation holds true for the public sector, as indicated by table 3 below.
| Level of qualification/tasks | Gross annual wages, all employees | Women's wages as % of men's |
|---|---|---|
| Unskilled and semi-skilled | ATS 285,300 (EUR 20,734) | 67% |
| Simple tasks | ATS 261,800 (EUR 19,026) | 90% |
| Auxiliary tasks | ATS 275,800 (EUR 20,044) | 75% |
| Medium grade | ATS 358,400 (EUR 26,047) | 68% |
| High grade | ATS 460,800 (EUR 33,488) | 72% |
| Executive | ATS 792,300 (EUR 57,580) | 74% |
| All categories | ATS 391,100 (EUR 28,423) | 72% |
Source: Statistik Österreich.
As for white-collar employees, the gender-specific wage gap has a "hump" shape, in that the gap is narrowest for medium pay grades and widest among the lowest and top grades - see table 3 below. Furthermore, pay differences between men and women are most extreme among white-collar employees, and women belonging to the lowest and highest grades earn less than 50% of the pay of equally qualified men.
| Level of qualification/tasks | Gross annual wages, all employees | Women's wages as % of men's |
|---|---|---|
| Unskilled and semi-skilled | ATS 206,100 (EUR 14,978) | 50% |
| Skilled | ATS 270,400 (EUR 19,651) | 53% |
| Medium grade | ATS 369,500 (EUR 26,853) | 61% |
| Higher grade | ATS 527,100 (EUR 38,307) | 61% |
| Highly qualified grade | ATS 684,500 (EUR 49,746) | 54% |
| Executive | ATS 1,099,000 (EUR 79,869) | 45% |
| All categories | ATS 411,000 (EUR 29,869) | 45% |
Source: Statistik Österreich.
The data set out in tables 2-4 also underscore the fact that gender-specific pay inequalities are much more profound in the private sector than in the public sector.
Possible determinants of gender-specific pay inequality
There is good reason to believe that the observed inequality in pay ensues not from one factor but from several, which may also interact to some extent. Qualifications, however, can be ruled out as a significant factor. It is evident from the above data that pay inequalities within distinct qualification levels are generally not lower than inequalities across these levels. A recent study carried out on behalf of the Ministry of Economic Affairs and Labour (Bundesministerium für Wirtschaft und Arbeit, BMWA), examines developments from 1993 to 1997 and gives an insight into the causes of gender-specific pay differentials ("Einkommen von Frauen und Männern in unselbständiger Beschäftigung", P Gregoritsch, M Kalmar and M Wagner-Pinter, BMWA, 2000). One essential factor identified in the study is working time in the broad sense of both the length of the working week and the continuity of working life over longer time periods.
As regards the length of weekly working time, the fact that far more women than men are part-time employees significantly contributes to the pay differentials outlined above. In 1996, 29% of women employees worked part time, compared with 4% for men. Pay differentials resulting from this employment pattern are not a matter of unequal treatment. However, the Ministry's study indicates that even men and women under the same working time regime are paid differently. In 1996, the income of female full-time employees was 22% lower than that of their male colleagues. In the case of part-time work, the corresponding gap to the disadvantage of women was 15%. Another factor related to the working week is that male employees work more overtime than female employees. Given overtime pay premia, this is responsible for about five percentage points of the gender-specific wage differential.
As far as long-term continuity of working life is concerned, gender-specific differences in terms of taking leave for family reasons are of utmost importance. Women who had not taken such leave earned 20% more in 1997 than they had in 1993, while women who had taken such leave earned 9% less in 1997 than in 1993. This loss of income was mainly due to the fact that many of the women concerned moved to part-time employment after leave. In a longer-term perspective, family-related leave also reduces the opportunities for career advancement, which in turn affects remuneration negatively. Finally, gender differences in pay emerge as early as an employee's first appointment after leaving the education system. On average, men start with a gross wage which is 18% higher than that of women belonging to the same occupational group.
The role of industrial relations in pay inequality
Two properties of the Austrian industrial relations system are likely to contribute to gender-related pay inequality. The first relates to the fact that pay differentials are generally wide, not only according to gender but also in terms of sectors and employee status. Pay differentials between various sectors in Austria are among the largest in the Organisation for Economic Cooperation and Development (OECD). Pay differences between employees with different statuses are also substantial. Manual workers in Austrian industry earn almost 40% less than white-collar workers (as against 30% in Germany). This indicates the irrelevance of solidaristic goals for wage setting, something which probably also affects the gender issue. The unions have traditionally understood solidarity as a device for maintaining a maximum level of employment. In this respect, they have been highly successful by international standards. In comparison with this goal, egalitarian bargaining goals have clearly receded into the background.
While this mode of wage formation and the underlying bargaining priorities are specific to Austria, the other industrial relations factor can be found in most European states: the lower unionisation rate of women, compared with men (TN0103201U). At the end of 1999, the share of women in total Austrian union membership was 32%. This has not significantly changed for decades, with the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ÖGB) having recorded 30% female membership in 1980. As a consequence of the expansion of female employment that has occurred since then, the union density of female employees has tended to decline. In 1999, the gross union density for women was 35%, compared with 57% for men. These differences between the sexes are even larger in terms of representation on union bodies and works councils, although no figures are available on this topic (AT0003215F). It goes without saying that this low female participation in labour representation translates into policies.
The under-representation of women on works councils is especially relevant to unequal treatment, since this inequality occurs below the formal regulatory level of labour law and collective agreements, in the course of everyday practices in the company. This is underscored by the abovementioned fact that women earn less than men, beginning with the very first appointment after completing their education. This appears to be a specific case of a more general pattern. As far as gender-specific pay differences are a matter of unequal treatment, this mainly results from classifying a female employee lower in a company's grading system than a man with equal qualifications. This is possible because classifications of jobs and pay grades are always somewhat arbitrary. The gender-related problems of grading can hardly be overcome without female representatives on the works council .
Commentary
A multiplicity of factors account for gender-related pay differentials in Austria. On the one hand, these differentials reflect gender-specific employment structures (eg the relative frequency of part-time work and the concentration of female employment in low-pay sectors). Furthermore, the differences echo gender-specific properties of overall working lives and careers. Finally, there are also informal practices which are at odds with the principles of equal treatment. These practices indicate the limits to the "governance capacity" of the statutory provisions for equal treatment. The effectiveness of these provisions depends on shopfloor-based mechanisms aimed at monitoring and controlling labour management practices within the company. Since one main tasks of works councils is monitoring the employer's observance of the established labour standards, the 1999 amendment of the Labour Constitution Act that explicitly integrates the works council into positive action for women is certainly an important means of advancing equal treatment in the future. However, this amendment, like any other formal rule, needs implementation by active involvement. Hence, the extent to which women will actually benefit from the amendment is contingent on whether in the future they engage and participate in works councils more than they have in the past. (Franz Traxler, University of Vienna)
Eurofound recommends citing this publication in the following way.
Eurofound (2001), Gender-related pay differentials examined, article.
All official European Union website addresses are in the europa.eu domain.
See all EU institutions and bodies