Implementation of central concepts

• Author: Thomasberger, Martina
• Pages: 9-16

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3Implementation of central concepts

3.1General (legal) context

3.1.1Surveys and reports on the definition, implementation and limits of central concepts

of gender equality law

The Federal Government is required to issue bi-annual reports to Parliament on the status

and development of gender equalityin the federal civil service, covering the scope of the

Federal Equal Treatment Act.10Due to the continuing reporting and the comparability of

the data these reports give a good overview of the development and especially of the

positive impact of equality measures in the federal civil service. In many areas of the

federal civil service women represent 50 % or more of employees (e.g. judges and

prosecutors); in areas where women are still underrepresented (e.g. police forces and

military), the report provides a tracking tool for progress and an instrument for improving

the obligatory equality planning (Frauenförderpläne).

Public reporting is also required for the scope of the Equal Treatment Act for the Private

Sector. The second part of this report is issued by the Equality Body

(Gleichbehandlungsanwaltschaft) and covers a bi-annual activity report as well as

suggestions for legal amendments and policy advancements. For instance, in the latest

report, the Equality Body makes the case for an adjustment in public tender legislation so

that serious infringements of discrimination prohibitions by companies that take part in

public tenders can be factored into assessments.11 Apart from the current reporting

required by law there is no further official evaluation.

3.1.2Other issues

Currently the author is not aware of other issues.

3.1.3General overview of national acts

In addition to the equality and anti-discrimination legislation referred to in Section 2.2,

the Act on the Constitution of Labour (Arbeitsverfassungsgesetz, ArbVG)12 is an important

law especially in the context of pay equality. It structures the process of collective

bargaining and the legal relevance of collective agreements for working conditions in

general and for minimum pay levels. Additionally, it contains the rules and regulations for

agreements between works councils and company management

(Betriebsvereinbarungen), which are required to implement positive action measures and

work-life balance measures at company level.

3.1.4Political and societal debate and pension legislative proposals

For several years after the implementation of Directives 78/2000 and 43/2000 in 2004,

NGOs and the Equality Body kept up a policy debate concerning ‘levelling up’of all

discrimination provisions to the highest common standard; this would, for instance, mean

that discrimination on all grounds covered by Directives 54/2006/EC, 43/2000/EC, and

78/2000/EC would be prohibited both in the workplace and in access to goods and

services. While this would be desirable under fundamental rights aspects, the former

10Bundes-Gleichbehandlungsbericht (federal report on gender equality), https://www.frauen-familien-

jugend.bka.gv.at/frauen/gleichbehandlung/gleichbehandlungsberichte/gleichbehandlungsberichte-des-

bundes.html.

11Tätigkeitsbericht GAW 2017 und 2018 (bi-annual report by the Ombud for Equal Treatment)

https://www.gleichbehandlungsanwaltschaft.gv.at/documents/340065/720923/GAW+T%c3%a4tigkeitsberi

cht+2016_17/ae93f363-c4ad-4ea6-8496-b979a7647519.

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http://www.ris.bka.gv.at/GeltendeFassung/Bundesnormen/10008329/ArbVG%2c%20Fassung%20vom%20

20.05.2019.pdf.