Austria

International Framework
Pay Equity Legislation
Transparency Measures
Minimum Wage
Collective Bargaining
Other Information

Has the country ratified ILO Equal Remuneration Convention, 1951 (No. 100)?

Yes

If yes, when?

1953

Has the country ratified ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)?

Yes

If yes, when?

1973

Has the country ratified the Convention on the Elimination of All Forms of Discrimination against Women?

Yes

If yes, when?

1982

OECD's Recommendation of the Council on Gender Equality in Education, Employment and Entrepreneurship

Applicable

Does the law mandate equal remuneration for men and women workers for work of equal value?

Yes

Legislative reference

2004, Equal Treatment Act, Section 11 Available, in the original version, here.
Equal Treatment Act of 2004 requires the employer to abstain from direct or indirect discrimination based on sex with respect to remuneration and voluntarily granted social benefits. Section 11 maintains previous provisions concerning the principle of equal remuneration for the same work or work of equal value. It provides that enterprise-level job grading systems, workplace agreements and collective agreements must respect this principle and cannot rely on criteria evaluating men's and women's work that lead to discrimination.

If not, does the law mandate equal pay for equal work and/or non-discrimination in relation to employment and occupation?

Yes

Legislative reference

Are there any category of workers excluded?

Equal Treatment Act of 2004 in Section 1(2) excludes agricultural, forestry, community association, municipality and federal workers from the scope of the Act.

Is there a definition of remuneration?

No provisions could be located

Is there a definition of work of equal value?

No provisions could be located

Does the law mandate for objective job evaluation (to ensure equal pay for work of equal value)?

No provisions mandating for objective job evaluation was found. However, Section 11 provides that enterprise-level job grading systems, workplace agreements and collective agreements must respect equal pay for equal work or work of equal value and cannot rely on criteria evaluating men's and women's work that lead to discrimination.

Does the country have proactive and wage transparency laws and measures to address discriminatory pay gap (including any other measures to address undervaluation of women's work)?

Yes

If yes, which laws and measures?

2004, Equal Treatment Act in Section 11 mandates that as of March 2011, employers with more than 150 employees have a duty to prepare a biennial report on remuneration analysis. The report must indicate:
- the number of male and female employees and their salary schemes according to collective bargaining agreements or internal salary schemes and their seniority ("Verwendungsgruppe" and "Verwendungsgruppenjahre");
- average or median wages of women and male in the calendar year in the respective collective agreement.
The report must be provided to the work council. If there is no works council at the workplace, the employees must be notified of the report through other means. The information must be provided on an anonymous basis.
Furthermore, the Ministry for Women and Civil Service launched an online tool which calculates wages in Austria. Further information is available here.
The wage calculator and mandatory minimum wage declaration report aim to make salary differences more transparent.

Are there any provisions on minimum wage?

Yes

If yes, could you please specify whether at the national and/or sectoral level?

Sectoral

If yes, could you please provide details and appropriate reference?

The law of Austria does not establish a minimum pay rate. The minimum pay rate is laid down in sectoral or branch-level collective agreements. The list of collective agreements provided by Austrian Federal Economic Chamber is available here.

Are there any provisions in collective agreements related to the principle of equal remuneration for work of equal value?

Yes

If yes, could you please provide further details and appropriate reference?

The principle of equal remuneration for equal work is laid down in the Constitution and the Equal Treatment Act. This principle is applicable to collective agreements. Some collective agreements specifically state the commitment to equal pay. For example, see Collective Agreement for Employees in the Metal Sector (Kollektivvertrag für Angestellte im Metallbereich). Further information is available here.

Other useful info

N/A

Other useful databases

ILO NORMLEX website
ILO NATLEX website