Implementation of central concepts

AuthorThomasberger, Martina
3 Implementation of central concepts
3.1 General (legal) context
3.1.1 Surveys 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 equality in the federal civil service, covering the scope of the
Federal Equal Treatment Act.10 Due 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 f or 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 disc rimination 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.
3.1.2 Other issues
Currently the author is not aware of other issues.
3.1.3 General overview of national acts
In addit ion 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 positiv e action measures and
work-life balance measures at company level.
3.1.4 Political and societal debate and pension legislative propos als
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 d esirable under fundamental rights aspects, the former
10 Bundes-Gleichbehandlungsbericht (federal report on gender equality), https://www.frauen-familien-
11 Tätigkeitsbericht GAW 2017 und 2018 (bi-annual report by the Ombud for Equal Treatment)

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