Adam, Georg
Thematic feature - social partner involvement in the 2003 NAP
17 November 2003
The European Union'sEuropean employment strategy [1] (EES) has been in
operation since 1997 (EU9711168F [2]). The strategy enables the coordination
of national employment policies at EU level and one of its main components
has been the adoption (on the basis of a proposal from theEuropean
Commission) by theEuropean Council of a set of annual Employment Guidelines
setting out common priorities for Member States' employment policies. The
Member States then draw up annual National Action Plans (NAPs) which describe
how these Guidelines are being put into practice nationally.
[1] http://europa.eu.int/comm/employment_social/employment_strategy/index_en.htm
[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined/employment-summit-agrees-limited-package-of-measures-to-combat-unemployment
Constitutional Court overturns reform of social security body
10 November 2003
In summer 2001, Austria’s coalition government of the conservative
People’s Party ( Österreichische Volkspartei, ÖVP) and the populist
Freedom Party ( Freiheitliche Partei Österreichs, FPÖ) amended the General
Social Insurance Act ( Allgemeines Sozialversicherungsgesetz, ASVG) in order
to reform the representational structure of the Association of Social
Security Providers ( Hauptverband der Sozialversicherungsträger, HSV) (
AT0108225N [1]). HSV, which is based on the principle of 'self government'
(Selbstverwaltung), is the central institution administering all aspects of
Austria’s social insurance system. In accordance with this principle, HSV's
main governing bodies are composed of representatives of the social partner
organisations.
[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/gb-mobilises-members-against-social-security-reforms
Austria's international unit labour cost position improves slightly
28 October 2003
In the long run, the competitiveness of a national economy – like that of
Austria – depends not only on company-related factors such as
innovativeness, quality of products and marketing, but also on 'macro'
criteria such as qualification of the workforce, industrial relations and
taxation. In the short run, however, currency rate variations in combination
with changes in labour costs and productivity are the most decisive factors
for competitiveness, in particular as regards companies in the sectors
exposed to international competition. Since Austria joined the third stage of
EU Economic and Monetary Union (EMU) in 1999, currency rate variations have
been relevant only for its trading relations with partners from outside the
euro-zone. In contrast, the other main competitiveness criteria - ie labour
costs and productivity- have gained in importance.
Thematic feature - works councils and other workplace employee representation and participation structures
21 October 2003
The issue of works councils and similar workplace employee representation and
participation structures is topical at present, with the EU Member States
required to implement the recent Directive (2002/14/EC) [1] establishing a
general framework for informing and consulting employees in the European
Community (EU0204207F [2]) by March 2005 (though countries which currently
have no 'general, permanent and statutory' system of information and
consultation or employee representation may phase in the Directive's
application to smaller firms up until 2008). The Directive applies to
undertakings with at least 50 employees or establishments with at least 20
employees (the choice is left to the Member States). It provides employees
with the following rights to information and consultation:
[1] http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32002L0014&model=guichett
[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined/final-approval-given-to-consultation-directive
Right to parental part-time work proposed
07 October 2003
In August 2003, Chancellor Wolfgang Schüssel of the conservative People’s
Party (Österreichische Volkspartei, ÖVP) announced that the government is
willing to introduce a right to part-time work for parents with children of
pre-school age. By introducing such a part-time scheme, the government's
stated aim is to facilitate the reconciliation of work and family
obligations, in particular for mothers of small children. Under the proposal,
all parents with children of pre-school age (ie younger than seven years)
would be entitled to switch form full-time to part-time employment, if they
work for companies employing a certain minimum number of workers.
Interestingly, by launching this initiative, the ÖVP has taken up a
long-term demand of the trade unions and the opposition Social Democratic
Party (Sozialdemokratische Partei Österreichs, SPÖ), which had also been
raised in a 1997 'women’s referendum initiative' (Frauenvolksbegehren),
signed by about 645,000 people.
Dispute at Austrian Airlines
22 September 2003
After a period of a 10 years without any serious industrial action, Austrian
Airlines (AUA), Austria’s national air carrier, was hit by a pilots' strike
of several hours over 21 and 22 August 2003. As a consequence, a few
scheduled flights had to be cancelled at short notice on these days. The
industrial action resulted from a long-running conflict between AUA
management and flight staff over ongoing restructuring of the company,
including cuts in the workforce and the planned introduction of a new, less
favourable payment scheme. In May 2003, some 51 of AUA’s 480 pilots were
given notice of termination of contract, although some of them were
subsequently rehired under less favourable part-time employment conditions.
The management’s plan is to reduce the company’s air-traffic costs by 35%
over the period up to 2008, in order to maintain its competitiveness. From
the management’s point of view, this requires significant reductions in
pay, in particular for newly employed pilots, as well as a new working time
scheme for all flight staff in order to shorten their stop-overs at
destinations (in particular in the case of long-distance destinations).
Moreover, management aims to replace the present scheme whereby pilots
receive an automatic annual pay increase of 2.5% with a less costly biannual
scheme. The flight staff's representatives have, however, strongly opposed
such cost-reduction measures by arguing that merely reducing pay does not
represent sustainable restructuring.
Thematic feature - implementation of the EU framework equal treatment Directive
10 September 2003
The EU Directive establishing a general framework for equal treatment in
employment and occupation (Directive 2000/78/EC [1]) was adopted in November
2000 (EU0102295F [2]). The Directive seeks to lay down a general framework
for combating discrimination, as regards employment and occupation, on the
grounds of: religion or belief; disability; age; and sexual orientation. It
is to be implemented by the EU Member States by 2 December 2003 (with a
possible later deadline for the provisions on age and disability
discrimination, if Member States see this as necessary).
[1] http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32000L0078&model=guichett
[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined-social-policies/new-framework-equal-treatment-directive-examined
Comprehensive rights demanded for 'economically dependent workers'
07 September 2003
On 22 July 2003, the Austrian Trade Union Federation (Österreichischer
Gewerkschaftsbund, ÖGB) and the Chamber of Labour (Arbeiterkammer, AK)
jointly presented a study on the working and living conditions of 'atypical'
workers in Austria. The study (Atypisch beschäftigt - typisch für die
Zukunft der Arbeit [1]) evaluates interviews conducted in 2002 with 528
people who made use of special advisory services for 'atypical' workers
offered by both ÖGB and AK. More precisely, the researchers’ focus group
were self-employed people employed under either a 'free service contract'
(freier Dienstvertrag) or a 'contract for work' (Werkvertrag) (TN0205101S
[2]). According to Austrian labour law, both groups are classified as
self-employed in the narrow sense, although they do not employ other people
and often work for only one client. Actually, their working situation
resembles to a great extent that of (dependent) employees. People working on
a 'contract for work' basis (also referred to as the 'new self-employed', or
neue Selbständige) are obliged to fulfil a certain, well-defined task,
regardless of whether they do this themselves or subcontract to other people.
For their part, 'free service contract' workers provide an (often fixed-term)
ongoing service. Formally, they are not subject to the instructions of the
client and are free to schedule their own working time. Working materials, in
general, have to be made available to these workers by the client.
[1] http://www.oegb.at/servlet/BlobServer?blobcol=urldokument&blobheader=application/pdf&blobkey=id&blobtable=Dokument&blobwhere=1060188977969
[2] www.eurofound.europa.eu/ef/observatories/eurwork/erm/comparative-information/economically-dependent-workers-employment-law-and-industrial-relations
Controversy over planned reduction in railway workforce
21 August 2003
Since the coalition government of the conservative People’s Party
(Österreichische Volkspartei, ÖVP) and the populist Freedom Party
(Freiheitliche Partei Österreichs, FPÖ) took office for the first time in
February 2000 (it started a second term in February 2003), it has launched
several initiatives to restructure the state-owned Austrian Federal Railways
(Österreichische Bundesbahnen, ÖBB). The government’s aim has been to
reduce the financial burden on the state arising from its legal obligation to
compensate for ÖBB’s deficits. However, so far the two governing parties
have not managed to reach a joint agreement on how to reorganise this public
company. Recent ÖVP plans (presented in January 2003) to transform ÖBB into
a holding company, heading several independently-operating enterprises
specialising in sales, infrastructure, financing, personnel management etc,
were strongly opposed by the Union of Railway Employees (Gewerkschaft der
Eisenbahner, GdE) (AT0302201N [1]). The union argues that splitting up ÖBB
would pave the way for the privatisation and sell-off of the company’s
divisions one by one. With GdE threatening industrial action in the event of
ÖBB being dismantled (AT0211201N [2]), restructuring measures such as those
planned by ÖVP and – in principle – supported by the management have
hitherto been blocked.
[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/railway-employees-threaten-strike-over-restructuring
[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/dispute-over-railway-restructuring
Number of 'minimally employed workers' continues to grow
03 August 2003
In Austria, 'minimally employed workers' (geringfügig Beschäftigter) are
defined as employees whose income per year does not exceed a fixed amount
(calculated as a monthly average) laid down by law and upgraded annually. For
2003, this monthly pay limit amounts to EUR 309.38. Nearly all minimally
employed workers are part-time workers.