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Austria - Annex [2012] UNCESCRSPR 9; INT/CESCR/ADR/AUT/14002 (28 October 2012)

ANNEX

Ad Art. 2

Info box: Supplementary information on Art. 2 Item 10

The public sphere has been made increasingly accessible to persons with disabilities. Federal buildings have been adapted to make them accessible to persons with disabilities and ICT-related barriers have been removed (accessible websites, information material in easy-to-read versions).

In general, claims arising from discrimination can be asserted in a court of law after a mandatory conciliation procedure before the Federal Social Welfare Office. Experience in the past four years has shown that the conciliation procedure is a very effective instrument for resolving conflicts and is also relatively inexpensive for the victims. In many cases, a resolution was found that was satisfactory and viable for all parties involved. The instrument of conciliation has been praised as best practice even by NGO media, which are typically rather critical of the government.

Ad Art. 3:

Info box: Report, publication and study on women’s topics

The Women’s Report 2010 – website: http://www.frauen.bka.gv.at/site/7207/default.aspx – provides information on women’s issues, developments and facts in various contexts of life in Austria and is thus intended to constitute a basis for future political work.

Its aim is

• to review whether and how the situation of women in Austria has changed, and to what extent effective gender equality has actually been implemented;

• to take into account new perspectives and issues related to women’s policy which were not the subject of public debate in the previous women’s reports.

The report consists of two parts. While the first part contains a comprehensive statistical analysis of demographic structures/ways of life, education, employment, economic situation, health and care, migrants, women in rural areas, representation and participation of women in politics and business, the second part includes four scientific studies (by renowned women scientists) in the areas of developments and failures in women’s policy, employment, economic situation and violence.

The publication “Frauen und Männer in Österreich” (Women and Men in Austria) of 2007 – website: http://www.frauen.bka.gv.at/DocView.axd?CobId=26402 – deals with disparities between women and men and provides statistical data and information especially on demographic structures and ways of life, education, employment and income.

Specific topics are: the current situation of women in the labour market, the percentage of women at various educational levels, existing salary gaps between women and men, and women’s risk of impoverishment. The publication provides an analytical comparison of gender-specific living situations in Austria and, as a result, an important basis for implementing gender mainstreaming in politics, administration and business.

The 2006 study “Auf Erfolgskurs – Die Repräsentanz von Frauen in Führungspositionen in österreichischen Unternehmen sowie in der Selbstverwaltung” (On the Way to Success – Women’s Representation in Leadership Positions in Austrian Companies and in Self-Government) is intended to provide a gender-specific statistical analysis of the employee structure and of the representation of women at managerial levels as well as a survey of the measures taken by companies with regard to the advancement of women, flexible working hours and the reconciliation of family life and work. See also http://www.frauen.bka.gv.at/DocView.axd?CobId=22955.

Info box: Federal Equal Treatment Commission (federal sector)

The Federal Equal Treatment Commission consists of two senates:

Senate I for equal treatment of women and men;

Senate II for equal treatment irrespective of ethnic origin, religion or belief, age or sexual orientation.

Info box: Equal Treatment Commission (private sector)

The Equal Treatment Commission consists of three senates:

Senate I for equal treatment of women and men at the workplace and for multiple discrimination issues;

Senate II for equal treatment at the workplace irrespective of ethnic origin, religion or belief, age or sexual orientation (anti-discrimination);

Senate III for equal treatment irrespective of ethnic origin in other areas (anti-racism) and, since 1 August 2008, also for equal treatment of women and men in the access to and supply of goods and services.

The Equal Treatment Commission deals with all issues related to discrimination and can, in particular, prepare expert opinions and carry out case-by-case investigations. Claims for damages or performance, however, cannot be asserted; this lies within the exclusive jurisdiction of the courts. The Equal Treatment Commission and the courts can be addressed independently from each other.

Info box: Examples of subsidies:

The subsidies of the Federal Minister for Women in the Federal Chancellery pursue the following goals:

• social, legal and economic equality of women;

• equal opportunities for women;

• empowering women with respect to making gender equality a reality;

• freedom of choice for women and girls regarding their options for a life of personal responsibility and self-determination;

• integration of women into the workplace, with special attention being paid to closing the wage and salary gap;

• reducing violence against women and girls.

In the reporting period, the following funds were available for the implementation of these goals:

2004: EUR 3,249,000

2005: EUR 3,550,000

2006: EUR 3,550,000

2007: EUR 4,505,000

2008: EUR 4,655,000

2009: EUR 5,342,000

2010: EUR 5,342,000

Subsidies in the field of labour-market policy:

In 2009, some 48.4% (49.4% in 2008, 50.2% in 2007) of the budget that can be attributed to gender-specific subsidies were used for active labour-market policy for women (EUR 472.5 million in 2009, approx. EUR 426 million in 2008). A disproportionately high percentage of the expenditure for active labour-market policy is earmarked for unemployed women, as in 2009 only 41% of all unemployed persons were women (44% in 2008). In 2009, 49.4% of all persons who received support were women (52.3% in 2008).

Info box: Gender mainstreaming

One example that should be highlighted among the requirements for the implementation of the gender-mainstreaming strategy and principle is in the area of funding management; applicants for financial assistance are obliged to explicitly list measures related to gender mainstreaming. Pursuant to the statutory requirements of the Purchase Contract Awards Act (Bundesvergabegesetz), gender mainstreaming strategies and/or measures taken by the companies being considered can now be taken into account as a criterion for being awarded public contracts. As a major part of the strategy for the advancement of women, mentoring is being continued. Gender-specific language is to be applied at all levels, in particular also in legal texts. Furthermore, education and further training in this area is being specifically promoted and supported on an ongoing basis.

In the field of safety and health protection, as well, the implementation of gender mainstreaming and the support of targeted campaigns and projects of the Labour Inspectorate have a high priority. In this context, the Bioethics Commission’s Recommendations with Gender Reference for Ethics Committees and Clinical Studies from 2008 should be mentioned. These recommendations, among other things, stipulate that action be taken to guarantee the inclusion of men and women of all ages according to recognised scientific principles (prevalence of the disease) in all biomedical and other research projects. See: http://www.bundeskanzleramt.at/DocView.axd?CobId=33152.

Info box: Supporting the ministries in the field of gender budgeting

As practical assistance for the ministries, instruments such as, for example, the working guide “Gender Budgeting in der Verwaltung” (Gender Budgeting in Administration), which provides practice-oriented instructions, and a tool box for gender budgeting have been made available on the website http://www.imag-gmb.at in order to build up know-how in administration and for information and awareness-raising purposes. Within the scope of the seminars for the ministries in 2010, courses on gender budgeting are also available.

Info box: Girls’ Day, Boys’ Day

As an example, the Austria-wide Boys’ Day, which has been organised since 2008, is to be mentioned. It aims to promote a broader, more open image of boys and men and is currently devoted especially to two selected topics: the professional fields of care and education. The Boys’ Day is intended to encourage male adolescents to choose a career that has become/is atypical for men such as kindergarten teacher, primary school teacher and specific jobs in the healthcare sector, based on their interests and regardless of outdated clichés about men.

In 2010, the “Girls’ Day im Bundesdienst” (Girls’ Day in the Federal-Service Sector) – website: www.girlsday-austria.at – took place for the fifth time. This initiative is intended to support a trend reversal in the professional orientation of girls between 11 and 16 years of age by giving them a new outlook on professional life irrespective of their sex.

Info box: Examples of gender equality measures instituted by the federal provinces

Styria

The federal provinces also consider gender equality a socio-political mandate. In order to comply with this mandate, the Styrian provincial government, for example, is currently discussing the draft of a Styrian law on the advancement of women. This law is intended to create an equal starting basis for women and men to participate in societal development and make a noticeable contribution to gender mainstreaming and gender budgeting.

The law aims in particular to remove existing disadvantages and discrimination of women and girls in society and to abolish restrictive gender roles. This goal is to be achieved mostly by granting financial assistance. Counselling centres for girls and women, for example, which support girls and/or women by means of legal or psycho-social counselling, information and prevention in resolving individual problems are to receive assistance, as are other service centres which provide additional services, and other organisations whose work is tailored to the goals of this law.

Vorarlberg

The Vorarlberg Provincial Law on the Advancement of Women (Vorarlberger Landes-Frauenförderungsgesetz) aims, in particular, to improve the situation with regard to equal opportunities for women and men in society and in the labour market, to remove existing inequalities and to make the working and living conditions of women in society visible. In addition, the Vorarlberg Anti-Discrimination Act (Vorarlberger Antidiskriminierungsgesetz) is intended to avoid discrimination based on sex by laying down a prohibition against discrimination and corresponding legal protection.

Vienna

Improving the availability of day-care places for children by introducing the free kindergarten has been an important implementation measure of Arts. 3 and 10 of the Covenant, as it reduces the burden of child care for women, promotes the sharing of paid and unpaid work between partners and increases the overall opportunities for women to return to work after a child-leave period. This usually contributes to placing women in a better position to put their right to an adequate standard of living under Art. 11 into practice.

Further measures instituted by Vienna:

• Continuous review of draft laws (at provincial and federal levels) with related comments from an equality perspective;

• Continuous promotion of women’s institutions and gender projects in the fields of violence prevention, integration, girls’ work, labour market, information and awareness-raising as well as legal and social counselling;

• Annual organisation of the Vienna’s Daughters’ Day to overcome gender-specific stereotypes in choosing a career;

• Publications: “Frauenförderung in Wiener Betrieben – Wie geht das? Erfolgreiche Beispiele aus der Praxis” (best practice models for the advancement of women, 2009); “Das Rollen.Bilder:Buch – Zur Selbstreflexion über Rollenbilder für Groß und Klein” (reflections on role models for young and old, 2009); updated new issue of the information brochure “Wien für Wienerinnen” for Viennese women (2009);

• Campaign against violence “Der richtige Standpunkt: Gegen die Gewalt” (2009/2010); campaign for opportunities for women over 50: “Frauen über 50 können alles sein” (2008)

• Empirical studies on the situation regarding the pay gap between women and men (2007) and on forced marriage in Vienna (2007);

• International conferences: “Arbeitsplätze, Dienstleistungen, Auftragsvergabe: Städte und Gemeinden als Motoren der Gleichstellung” (jobs, services, contract awarding: cities and municipalities as a driving force of equality, June 2010); “Reduzierung der Einkommensunterschiede zwischen Männern und Frauen” (reducing the pay gap between men and women, 2008); “10 Jahre Gewaltschutzgesetz – Wiener Meilensteine im Opferschutz” (10 years of the Protection against Violence Act – Viennese milestones in victim protection, 2007), “Frauenrechte sind Menschenrechte – 10 Jahre nach Peking” (women’s rights are human rights – 10 years after Beijing, 2005); international symposium “Gender Budgeting – Wege zur geschlechtergerechten Verteilung öffentlicher Gelder und Leistungen” (gender budgeting – ways to gender-specific distribution of public funds and services, 2004);

• Symposium within the scope of the administrative units of the municipal district offices of the city of Vienna: “Wien ist Gender Mainstreaming” (Vienna is gender mainstreaming) (2007)

Ad Art. 6

Info box: ILO reports

The report on the Convention No. 111 of 2009 contains detailed explanations on the amendments to the Equal Treatment Act, on practical measures regarding the implementation of the equal treatment goals in the labour market, on the labour-market policy measures regarding the advancement of women as well as on measures taken by the Public Employment Service for the benefit of migrants and women. In addition, relevant court rulings are indicated.

The report on the Convention No. 122 of 2009 describes the employment development and employment structure, the unemployment trend, the employment-policy strategy of Austria’s federal government (National Action Plan for Employment) in order to achieve full employment, which, despite the crisis, is still the ultimate goal, the priorities of labour-market policy as well as measures instituted with respect to education and further training.

Info box: Integrative vocational training

Integrative vocational training is available to the following persons:

- persons who, after completing compulsory education, required special-needs education and who were taught, at least to some extent, in accordance with the curriculum of a special-needs school;

- persons without or with a negative lower secondary school leaving certificate;

- disabled persons within the meaning of the Disability Employment Act or the pertaining provincial disability act; and

- persons for whom there is reason to assume – either within the scope of a vocational orientation measure or due to a failure to find them an apprenticeship position – that no apprenticeship will be found for them any time soon for reasons that lie exclusively within their personality.

There are two options of integrative vocational training:

- In the event of an extended apprenticeship period, the statutory apprenticeship period is usually extended by one year, in exceptional cases by up to two years.

- In the event of acquiring partial qualification, a person is educated and trained in only part of one or several skilled trade(s).

Integrative vocational training is accompanied and supported by a vocational training assistance programme. At the end of April 2010, a total of 4,763 young people were being educated and trained within the framework of integrative vocational training, of which 3,336 were part of the extended apprenticeship period option, and 1,427 were acquiring partial qualification.

Info box: NAP / Equal treatment policy in the labour market

With the NAP (National Action Plan) for Equal Treatment the federal government has attempted to define its strategy until 2013 and is intensifying initiatives to achieve the goal of equal treatment of women and men in the labour market. The NAP has four strategic goals and priority fields of action:

1. diversification of education programmes and career choices, gender-sensitive professional orientation;

2. to increase the participation of women in the labour force, increase the number of full- time women employees and reduce gender-specific differences in employment;

3. to see a higher number of women in leading positions;

4. to reduce the pay gap between women and men.

These goals are specified in detail in a comprehensive set of measures proposed by specialist working groups.

One priority of active labour-market policy is the training of unemployed women who are lacking skills or whose skills are no longer in demand on the labour market. In 2009, the already high number of women in training was increased to 165,600 women receiving support (+9.8% compared to the previous year). The following measure is mentioned as an example:

As almost half of all girls choose one of three skilled trades (retail salesperson, office clerk and hairdresser) and some 87% of actively employed women work in the service sector, it is important to provide gender-sensitive professional information and special education and training in technical trades for women and girls. The special advancement programme FiT (Frauen in Handwerk und Technik; women in crafts and technology) offers certified education and training in these occupations. Women are encouraged to choose careers which have traditionally been dominated by men and which offer better opportunities on the labour market and higher income possibilities. What is special about this programme is the fact that, in addition to an apprenticeship, attending intermediate vocational schools, higher schools of technology or universities of applied sciences can also be promoted.

Info box: Measures to support migrants in the labour market

Multi-lingual brochures and information material for migrants are created and the nostrification of skills acquired abroad is supported. By means of an information campaign, the Public Employment Service tries to point out the advantages of employing migrants in a company. The “Mentoring for Migrants” project supports migrants in their integration into the labour market through well-connected players in the business world.

Special support programmes for juvenile migrants such as, for example, programmes promoting non-company-based apprenticeship training, provide important assistance in the early stages of their careers. In the framework of non-company-based apprenticeship training, additional apprenticeship positions are provided for young people who do not find such a position in a company after completing their compulsory education.

Info box: Disadvantaged persons

Unemployed persons whose employment options are limited due to health problems are supported, in particular, by comprehensive rehabilitation programmes in special institutions by means of subsidies and measures. The Vocational Education and Rehabilitation Centre (Berufliches Bildungs- und Rehabilitationszentrum) deals with step-by-step re-integration into the labour market, covering individual counselling and career planning, applicable measures, if required, for job preparation and basic stabilisation and various training programmes.

Furthermore, the Public Employment Service supports the employment of people with limited employment options due to health problems with the tried and tested instrument of integration subsidies to labour costs. In addition, project-oriented employment promotion schemes such as socio-economic businesses and employment projects for the public good are offered. These assisted jobs with a transitional function promote the integration of groups that are especially disadvantaged in the labour market.

Integrative companies offer persons with disabilities another option for their professional re-integration. At present, there are eight integrative companies with 25 branches. As at 1 January 2010, the integrative companies provided a total of 1,934 jobs in the employment module, 1,495 of which were for persons with disabilities. In the job preparation module, a total of some 198 training positions were provided for persons with disabilities.

As at 1 January 2010, Austria had a total of 94,325 eligible disabled persons. In 2008, the total number of mandatory positions (companies with more than 25 employees have to provide such positions for supported disabled persons) came to 100,000 on average. Some 66,000 of these positions were filled. Some 17,000 employers were subject to the employment obligation under the Disability Employment Act. In this context, approximately 4,000 employers fully met their employment obligations. Some 13,000 employers did not or not fully comply with the employment obligation. In 2009, the Compensatory Levy Fund (Ausgleichstaxfonds) earned some EUR 89 million in compensation payments.

The results of the measures funded as part of the employment campaign are as follows:

Person-related support cases: 59,704 (of which women: 39.6%)

Eligible persons: 42,095 (of which women: 39.7%)

Outcome by no. of persons:

- Introduction and coaching 5,330 (of which women: 38%)

- New jobs 10,587 (of which women: 40.52%)

- Jobs secured 10,061 (of which women: 38.59%)

In 2009, a total of EUR 177.85 million was spent in the federal government’s employment campaign, having been allocated to the following measures:

Info box: Measures to secure employment for older people

• Pre-retirement part-time work: Since the beginning of 2010, 1075 applications for pre-retirement part-time work have been made.

• The statutory provision regarding pre-retirement part-time work allows companies to employ older employees for fewer hours until they retire, securing their financial situation to a large extent.

• In 2009, an average of 4,421 people received further-education benefits, of which an average of 207 were older people.

• In 2010, more than 2,000 older people have already benefited from the qualification programme for employees. In 2009, 8,800 people over 50 received such support (+22% compared to 2008).

• As at the end of February, reduced working hours for 26,425 people were planned. Based on the support cases for which the expenses have been settled, it can be assumed that between 50% and 60% of the target figures will be reached and that some 34% of the participants are older than 45 (an estimated 5,000 persons past 45).

• This year, an additional 6,000 people (compared to 2009) are being placed in jobs by means of integration subsidies. In addition to “graduates with a lack of practical experience”, the target group is “older employees” (men and women aged 45 and older).

• Until the end of February, 199 older persons were part of so-called “implacement foundation schemes”, which provide practical training positions partially funded by the Public Employment Service (+5% compared to the previous year), and 967 were part of “outplacement foundation schemes”, a business start-up programme for the (soon to be) unemployed (+105% compared to the previous year).

• Various counselling and care institutions for older persons.

Ad Art. 7

Info box: Measures to make the reconciliation of family life and work a reality

EU project on the reconciliation of family life and professional work

In December 2000, the Council adopted Decision 2001/51/EC establishing a Community action programme relating to the Community framework strategy on gender equality for the period 2001 to 2005. The programme objective was to promote and disseminate the values and practices underlying gender equality.

The EU project was designed – by means of a model of a national co-ordination unit – to initiate a transnational dialogue about whether and how reconciliation measures can be improved by pooling them and co-ordinating them at national level. The joint analysis of successful models was intended to create synergies between national gender equality policies and added value at EU level.

The results of the project were: the establishment of a co-ordination unit for reconciling family & professional life, which was founded in 2006 as Familie & Beruf Management GmbH; the introduction and pilot phase of the family & professional life audit in the autonomous province of South Tyrol; the preparation of a manual for the family & professional life audit in the care sector; and the development of a cost-benefit analysis for family-friendly measures in companies.

Familie & Beruf Management GmbH

With Federal Law Gazette Vol. I no. 3/2006, Familie & Beruf Management GmbH was established as a limited liability company fully owned by the federal state.

The promotion of the Austrian Family Alliance, a platform of representatives from the business world, politics, the media and science which was set up in 2005, was specified as the subject of the company. It aims to make the management of reconciliation measures of family and professional life as efficient and non-bureaucratic as possible.

Specific measures and projects

The “berufundfamilie” (work and family) audit scheme is an advisory tool for companies, non-profit organisations and public-sector institutions which want to advance their family orientation in a specific way in order to take advantage of the related positive economic effects. In companies, the audits are carried out in two workshops with trained auditors and experts. The competent federal ministry awards a certificate for implementing the family-friendly measures within a three-year period.

In 1998, the pilot phase in Austria started with ten companies. Up to now, more than 170 companies have participated in the work and family audit scheme, and more than 33,000 employees benefit from the resultant family-friendly measures (see below for a graphic representation).

In 2001, a binding European minimum standard was created with the european work & family audit. The european work & family audit enables the cross-border recognition of certificates and also lays the basis for developing individual, further pan-European quality standards regarding the family-friendliness of companies and organisations.

The “familienfreundlichegemeinde” (family-friendly municipality) audit scheme commenced in 2001. The family-friendly municipality audit scheme is a specific programme for Austrian municipalities, towns and cities. The objective of this initiative is the participative design and development of demand-oriented family policy in municipalities.

Work and family audit: Procedure

Statistical data on accidents at work and occupational diseases:

Info box: Overview of child-leave periods and leaves of absence in the public-service sector

Ad Art. 8

Strike statistics 2000 to 2007:

Ad Art. 9

Care benefit rates:

Analyses of findings from the database on federal care benefits of the Association of Austrian Social Insurance Institutions – as at 31 March 2010:

Average duration of pension insurance-related procedures in March 2010:

Info box: Examples of benefits for persons providing care to family members

• Substitute care

Since 1 January 2004, persons providing care to family members entitled to care benefits in level 4 or higher under the Federal Law on Care Benefits have been eligible for payments from the Benefit Fund for People with Disabilities (Federal Law Gazette Vol. I No. 71/2003).

The amendment Federal Law Gazette Vol. I No. 128/2008 provided for an expansion of the scope of persons eligible for benefits to include three additional groups: family members of recipients of level 3 care benefits, persons demonstrably affected by dementia and minors in need of care starting from level 1.

The allowance is granted as a contribution to covering costs incurred for professional or private substitute care in the event that the main care provider is not available. Depending on the care benefit levels, the amounts paid per calendar year range from EUR 1,200 to EUR 2,200. In 2009, 6,864 applications were approved by the Federal Social Welfare Office and benefits of more than EUR 8.2 million were granted.

• Social security protection

Under favourable conditions, persons providing care to close family members entitled to care benefits in level 3 or higher, which takes up a considerable amount of working time, may have the periods of care provision recognised as pension insurance periods. Since 1 August 2009, the federal government has been paying the contributions for such insurance option (voluntary continued insurance or self-insurance) in their entirety and for an unlimited period of time (Federal Law Gazette Vol. I No. 83/2009).

• Quality assurance in home care

In 2001, registered nursing professionals started to pay home visits to recipients of care benefits all over Austria with the main purpose of providing them with information and advice. Since 1 January 2009, home visits have also been paid to care benefit recipients who have been granted financial assistance for 24-hour home care.

• Family hospice leave

As accompanying measures, the Federal Law on Care Benefits of 2002 provided for the following options: payment of care benefits to the private care provider who takes family hospice leave, lump-sum advances on care benefits and privileges when it comes to entitlement to care benefits or continuation of pending proceedings in the case of the recipient’s death (Federal Law Gazette Vol. I No. 138/2002).

Info box: Benefits at provincial level using the example

of the province of Vorarlberg

The province of Vorarlberg spent EUR 11.9 million in provincial care benefits on 2,610 persons in 2008 and EUR 13.2 million on 2,779 persons in 2009.

In addition, the province of Vorarlberg provides subsidiary social welfare for persons with their place of abode in Vorarlberg who lack the financial resources to ensure a decent existence. The purpose of these welfare benefits is to satisfy the absolutely necessary existential needs of individuals seeking assistance. Benefits include subsistence payments, sickness assistance, preventive health care, assistance for pregnant women and women after childbirth, family benefits, assistance for persons in need of care and senior citizens. In addition, accommodation and clothing are provided to ensure sufficient means of subsistence.

Info box: Challenges in the field of nursing care

• Demographic development

As a consequence of the current demographic development and the rise in life expectancy, the number of persons in need of assistance is constantly increasing. Currently, more than 420,000 persons, i.e. around 5% of the Austrian population, are receiving care benefits.

In 2009, the federal government’s expenditure for care benefits amounted to approximately EUR 1.943 billion. The annual expenditure of the provinces came to around EUR 324.7 million in 2008.

Total expenses for care-related services amounted to approximately EUR 3.75 billion in 2008, which corresponds to 1.33% of GDP. Care benefits paid by the federal and provincial governments accounted for around EUR 2.1 billion; the provinces spent a net amount of some EUR 1.65 billion on care-related services and benefits in kind in 2008.

• Sustainable guarantee of funding of the system of care-related services and benefits

Given the demographic developments, the future financing of care benefits represents an important focus when it comes to the further development of care-related benefits in order to guarantee the sustainable functioning of the system.

Based on the results of studies conducted by the Austrian Institute of Scientific Research on the “medium to long-term financing of care-related services and benefits” as well as “alternative forms of financing care-related services and benefits”, which provide a well-founded starting base for future decisions on the funding of care benefits and services in the future, meetings are held with representatives of the provinces and the Federal Ministry of Finance to discuss how to secure sustainable funding of care-related services and benefits.

In addition, Gesundheit Österreich GmbH was commissioned to carry out a survey on “assistance and care options in Austria” in order to obtain an overview of the need for additional financing with respect to assistance and care for elderly people.

Info box: Social compensation

As at 1 January 2010, 31,863 persons were entitled to social compensation for war victims, with the total expenditure for 2009 amounting to EUR 200 million.

In the field of provisions for the care of army members, benefits were paid to 1,883 persons as at 1 January 2010, with the total expenditure for 2009 amounting to EUR 10.5 million.

As at 1 January 2010, 1,884 persons received recurrent payments under welfare measures for victims, with the budgeted expenditure for 2009 amounting to EUR 17.6 million.

As at 1 January 2001, regular compensation payments were made to 141 victims of crimes and/or their surviving family members to compensate them for lost income and/or maintenance. In addition, around 700 persons received compensation payments, with the total expenditure for 2009 amounting to EUR 2.9 million.

As at the end of 2009, 92 persons received recurrent payments as compensation for vaccination damage, with the total expenditure for 2009 amounting to EUR 3.1 million.

Info box: Regulations enacted by the provinces

Tyrol

The social welfare law currently applicable in Austria is essentially based on the competence for “social welfare” (Art. 12 para. 1 (1) of the Federal Constitution) and the subsidiary general competence allocated to the provinces (Art. 15 para. 1 of the Federal Constitution). In line with this scope of competence, the province of Tyrol has adopted a universal social protection scheme in the form of the Tyrol Guaranteed Minimum Income Act (Tiroler Grundsicherungsgesetz) with a very broad scope of personal application (including not only Austrian citizens and EU citizens residing in Tyrol but, under certain circumstances, also foreigners). The guaranteed minimum income comprises, for instance, support to ensure the applicant’s livelihood or assistance in special circumstances.

The amounts of the benefits granted under the Tyrolean provisions on guaranteed minimum income and basic services are reviewed and suitably adjusted on an annual basis in order to guarantee a reasonable standard of living for the recipients and their families.

The benefits paid under the Tyrolean guaranteed minimum income and basic services schemes are non-contributory social welfare payments. These two non-contributory schemes also cover and protect disadvantaged and marginalised individuals and families.

Both the guaranteed minimum income and the basic services provided by the province of Tyrol are public benefits aimed at ensuring a decent existence for the recipients.

Vienna

Provided that the general criteria for entitlement according to sec. 16 of the Vienna Social Welfare Act (Wiener Sozialhilfegesetz) are met, persons in need of care living in Vienna, who are among the group of persons eligible under sec. 7a of the Vienna Social Welfare Act and are not covered by separate health insurance, are entitled to sickness assistance benefits paid from social welfare funds (e.g. for medical treatment, pharmaceuticals, remedies, aid, hospital places). The eligible persons have a legal claim to such services.

Development of family allowance and multi-child bonus rates between 2003 and 2009

Rates paid in the years 2003 to 2007 inclusively

Scale according to age

Scale of sibling bonuses

Rates paid starting from 2008 (= currently valid amounts)

Scale according to age, individual

Scale according to age, total

Scale according to number of children

Child deductible rates:

Sample calculation for one month in 2009 for the following scenario:

Family with four children aged 2, 3, 12 (= severely disabled) and 20

Ad Art. 10

Info box: Family counselling in 2008

Number of clients approx. 231,000

of which 70% women

30% men

28% aged 30-39

23% aged 40-49

15% aged 20-29

13% aged 0-19

28% referred by institutions (therapeutic or educational institutions,

courts, public authorities)

27% upon recommendation of an individual; in the case of 17%,

recommendation by a former client based on his/her personal

experience

Number of counselling sessions held 493,000

Number of client counselling hours approx. 350,000

of which 51% by social workers and/or marriage and family counsellors

20% by psychologists

14% by educators

8% by legal practitioners and

3% by medical doctors

4% by psychiatrists, sociologists, family planning counsellors

Overview of family counselling over a 10-year period

Statistics on child care: Child-care quotas 1999 – 2008, child-care quotas broken down by age group (Source: Statistics Austria, Statistics on Day Care Facilities for Children 2008/09)

Info box: Income limits for multi-child bonus entitlement

Multi-child bonus 2004: income limit 2003 EUR 40,320

Multi-child bonus 2005: income limit 2004 EUR 41,400

Multi-child bonus 2006: income limit 2005 EUR 43,560

Multi-child bonus 2007: income limit 2006 EUR 45,000

Multi-child bonus since 2008: income limit EUR 55,000

Info box: Single-earner deductible per year

• No children EUR 364

• One child EUR 494

• Two children EUR 669

• This amount is increased by EUR 220 each per year for the third and each further child.

Info box: Family benefits at provincial level

using the example of the province of Styria

Child supplement:

Detailed information is available at: http://www.verwaltung.steiermark.at/cms/ziel/600513/DE/ /

Family Passport of the province of Styria:

Detailed information is available at: http://www.verwaltung.steiermark.at/cms/ziel/602416/DE/

Parent education vouchers:

Detailed information is available at: http://www.verwaltung.steiermark.at/cms/ziel/41431815/DE/

Information kit for parents (Steirischer Elternbrief):

Detailed information is available at: http://www.verwaltung.steiermark.at/cms/ziel/50512051/DE/

Allowance for holiday camps for children:

Detailed information is available at: http://www.verwaltung.steiermark.at/cms/ziel/2707705/DE/

Start-up funding for company child care:

The province of Styria promotes child care by trained childminders on the premises of small and medium-sized businesses with start-up funding of up to EUR 5,000. The purpose of this measure is not only to make professional child-care available directly at the workplace but also to increase employee satisfaction, make returning to the job after parental leave easier (for women and men) and to ensure child-care options adjusted to the parents’ working hours.

Support of associations, institutions and individuals:

The province of Styria supports Styrian parent-child centres (Eltern-Kind-Zentren – EKIZ) as service centres for families in the region, the Caritas contact point for anonymous childbirth (Kontaktstelle anonyme Geburt – Babyklappe), and many other valuable initiatives/institutions/projects in the interest of Styrian families.

Various publications on issues of relevance for families:

Familienförderung – Der Wegweiser für Familien- und Sozialleistungen in Österreich/Steiermark (a guidebook on family subsidies and social services in Austria/Styria); Soziale Leistungen (an infosheet on social services); Leitfaden für Alleinerziehende (a manual for single parents); Gleiches Recht für beide – Leitfaden für Ehe, Scheidung, Scheidungsfolgen, Lebensgemeinschaft (a manual on equal rights with respect to marriage, divorce and its consequences, and cohabitation); Alles fürs Neugeborene! (“Everything for the New Baby”, an information folder distributed in all Styrian municipalities)

Info box: Care benefits at provincial level

using the example of the province of Vorarlberg

Persons in home care and in need of 24-hour nursing care who receive care benefits in levels 3 to 7 are granted an additional allowance of up to EUR 550 per month if such care is provided by a self-employed person and up to EUR 1,100 per month if the care provider is employed.

In Vorarlberg, recipients of provincial care benefits in levels 1 and 2 are granted support from provincial funds provided that proof of the need for 24-hour nursing care is furnished.

In addition, since 1 January 2010, a monthly nursing care supplement is paid (from provincial funds) for the home care and assistance of persons who receive care benefits in levels 5, 6 or 7 provided they do not receive support for 24-hour nursing care as well.

Home nursing care services are offered in all municipalities to ensure that persons in need of care can stay in their familiar surroundings for as long as possible. In addition, there is a nearly comprehensive network of mobile home-care institutions which take care of household chores for persons in need.

Info box: Family supplements at provincial level

using the example of the province of Vorarlberg

In 2009, 1,059 persons in Vorarlberg received family supplements from provincial funds in a total amount of EUR 2.1 million.

Info box: Protection of elderly persons at provincial level

using the example of the province of Tyrol

In Tyrol, provisions for the support and protection of elderly persons have been enacted through laws such as the Tyrolean Nursing Home Act (Gesetz vom 1. Februar 2005 über Heime für hilfs-, betreuungs- oder pflegebedürftige, insbesondere ältere, Menschen [Act of 1 February 2005 regarding homes for persons, particularly elderly persons, in need of assistance, care services or nursing care), Provincial Law Gazette No. 23/2005]).

Table of net expenditures of the provinces for social services in 2008 (source: Austrian Report on Care-Related Services and Benefits [2008 Austrian Report on Care Benefits])

Info box: Net expenditure of the provinces for social services

The total net expenditure of the provinces for social services for persons in need of care rose from EUR 523 million in 1994 to EUR 1,332 million in 2006, which represents an increase of approx. 155% (Survey by the Austrian Institute of Economic Research on medium and long-term funding of care-related services and benefits. Increases of 92% for the mobile sector, 168% for inpatient services and 275% for day care facilities were recorded.

Info box: Modalities of parental part-time employment

1. Parental part-time employment pursuant to the Maternity Protection Act and/or the Paternity Leave Act is only possible if the employee shares a household with the child; if this is not the case, the employee needs to have at least parental custody under the General Civil Code.

2. In addition, the other parent must not be on leave under the Maternity Protection Act and/or the Paternity Leave Act at the same time.

3. Parental part-time employment must not commence prior to expiry of the (fictitious) protection period.

4. Both parents may work part-time at the same time.

5. However, the right to parental part-time work may be exercised only once for each parent and each child (with the possibility of switching).

6. Until four weeks after the child’s fourth birthday, at the latest, parents are under a special protection against termination and dismissal. After that point in time, parents working part-time pursuant to sec. 15h of the Maternity Protection Act and/or sec. 8 of the Paternity Leave Act are protected against termination on grounds of inadmissible motives.

Info box: Measures against sexual abuse of children in tourism

In the past years, among other measures, the preparation and distribution of accompanying material for the tourism industry, teaching material to be used in schools and the organisation of train-the-trainer courses were supported. In addition, in 2009/2010 the first workshop with the participation of Germany and Switzerland was held on the initiative of Austria with the aim of finding a joint approach to combating sexual abuse of children in tourism.

In detail, the following measures were taken:

Info box: Measures for the protection of the economic, social and cultural rights of older persons

1. Practical tool of the Labour Inspectorate

Since 2007 the Austrian Labour Inspectorate has been carrying out a campaign aimed at providing advice and supervision to small and medium-sized businesses with a focus on the protection of the safety and health of older employees. The campaign’s target is to motivate companies to make an “age structure analysis”, to identify work processes and influences that might be difficult for older employees and to create working conditions suitable for older (aging) employees. The Labour Inspectorate has developed a survey tool for age structure analyses with a view to risk assessment (evaluation) pursuant to sec. 4 of the Employee Protection Act. Both the tool and a folder on age(ing)-appropriate work organisation entitled Alter(n)sgerechte Arbeitsgestaltung – Mit Arbeit gesund älter werden! are available to companies. For details see the website: http://www.arbeitsinspektion.gv.at/AI/Gesundheit/Arbeitswelt/default.htm

2. Nestor Gold – seal of approval

The Nestor^Gold seal of approval is a certification model for “age and ageing-appropriate companies and organisations” awarded by the Ministry of Labour, Social Affairs and Consumer Protection. It was developed during a pilot phase in cooperation with the Nestor^Gold Certification Advisory Council, which was set up at the same time and is composed of representatives of the social partner organisations and ministries as well as age management experts. The aim of the seal of approval is – against the backdrop of an ageing society – to support companies and organisations taking action to enable gainfully employed persons to remain a productive part of the labour process for a longer period and/or to review their activities taken to promote age(ing)-appropriate work and assure them of the Ministry’s recognition. With this certification, companies and/or organisations may raise awareness for the special value and importance of older employees, demonstrate their social commitment, achieve an increase in working capacity through age-appropriate deployment of employees and increase their attractiveness as an employer.

Info box: Tasks of the Federal Advisory Council for Senior Citizens

• Presentation of proposals of measures under social, economic, health-care, housing and cultural policy for senior citizens

• Preparation of a long-term plan for senior citizens including proposals on how to fund the implementation of this plan

• Presentation of opinions on draft laws and ordinances that might affect the interests of senior citizens

Table listing the number of complaints and convictions made in 2009 on the basis of criminal provisions against trafficking in persons:

Table listing the percentages of criminal offences reported to the police that were committed against family members:

Overview 1: Expulsions/prohibition orders:

(Source: Criminal Intelligence Service, Vienna, 05/2010)

Overview 2: Expulsions/prohibition orders:

Info box: Measures for the protection against violence

1. International symposium on the occasion of the 10^th anniversary of the Violence Protection Act in 2007; travelling exhibition Hinter der Fassade (Behind the Curtain), which has been touring different places since 2006.

2. The Platform against Domestic Violence (Plattform gegen die Gewalt in der Familie) was founded in 1993 on the initiative of the then Ministry for Family Affairs as an instrument for the prevention of violence. The reason for setting up this platform was the frequent lack of cooperation between the individual regional support organisations which had resulted in partly conflicting and/or uncoordinated case interventions. The target has been to install network managers as contact persons for the platform work in each province. Currently 45 NGOs are engaged in prevention work and networking; they receive project grants from the respective Ministries for Family Affairs. Training measures such as information events, conferences and seminars for various occupational groups serve to achieve an increased awareness for this topic in the general public.

3. Since 1998, the Platform against Domestic Violence has published a non-party professional journal on a regular basis (since 2002 quarterly) which serves as a forum for controversial debates on topical issues in the field of violence. The platform journal has a circulation of 7,000 and is distributed to schools, institutions working in the field of violence, hospitals, courts, therapists, medical doctors, etc.

Ad Art. 11

Info box: NAP.e

The objectives laid down in the NAP.e can only be achieved by means of practice-oriented, co-ordinated and concordant measures and by creating framework conditions at various levels (micro, meso and macro levels). A combination of measures will be necessary, ranging from statutory provisions through voluntary agreements and private-public partnerships to information and training programmes. The Nutrition Report 2008 contains useful figures for the NAP.e; it is available at http://www.bmg.gv.at/cms/site/standard.html?channel=CH0857&doc=CMS1081844270722 The NAP.e embraces the idea that a healthier lifestyle can be part of every-day life. However, it has set the realistic goal of achieving a reversal of the poor nutrition trend by 2020. To this end, modified preventive behaviour pursuing the idea of “making the healthier choice the easier choice” is to be implemented in the long run by creating adequate setting-oriented and evidence-based conditions and measures on the basis of “as-is” analyses and best-practice models at all levels.

The extent to which these goals are achieved will be determined by monitoring eating habits, foodstuff consumption and nutrients intake as well as the main determinants, by evaluating the procedure, by expanding the database on the prevalence of nutrition-related diseases and by determining the nutrition status by means of risk assessment on the basis of nutritional science and medicine.

Info box: Percentage of connections to water supply

In 2002, the percentage of connections to a waste water disposal system in Austria was 87% and connections to a water supply system came to more than 86%.

According to computations, the percentage of connections to the waste water disposal system at the cut-off date of 31 December 2006 was 91.7%. The connections to the water supply system are estimated to have reached 90%. The difference in the connection percentage to a public utility indicated above is a result of the fact that, in Austria, currently some 14% of the population take their water from their own private wells, and some 8% of the population dispose of their waste water in cesspits, small treatment plants, etc.

Info box: Means-tested guaranteed minimum income scheme

The means-tested income scheme will, first and foremost, contribute to making social services more poverty-resistant and transparent and will significantly improve the situation of persons in financial difficulty through the following measures:

• For the first time, a system of uniform minimum standards will create a binding minimum income to be provided;

• It will bring about a clear financial improvement for single parents (higher reference rates) and thus support a group of people that is highly exposed to the risk of poverty.

• It includes improvements regarding procedural law aspects and thus ensures better access to legal services (written administrative decisions, shorter decision-making periods).

• It will help to remove the stigma associated with the people concerned (e-card instead of social welfare sickness forms) and to reduce information deficits regarding the use of services guaranteeing a minimum income.

• The scheme will create a better network among authorities, in particular at the interface of the Public Employment Service and social welfare institutions and, as a result, is intended to optimally support the re-integration of unemployed minimum-income recipients.

Info box: Provincial measures regarding the right to adequate housing

The federal provinces adopt different types of measures to ensure and maintain adequate housing space. This is illustrated by the following examples:

Carinthia

Carinthia allocates loans to eligible private persons for the purpose of building a house or purchasing a house or a condominium from the builder. Pursuant to the Carinthian Housing Subsidies Act (Kärntner Wohnbauförderungsgesetz), low-income persons are granted – upon request – accommodation allowance, and some of them even utility costs allowance, to pay their accommodation costs or rent, both in subsidised and privately let flats. Subsidies for renovating residential buildings can also be granted. Special subsidies are granted for building and adapting living quarters to make them accessible for persons with disabilities.

Vorarlberg

In all areas of subsidised housing, individuals who are Austrian citizens or have an equivalent status under EU law or a state treaty, receive subsidies to create their own homes without being required to be registered as resident for a minimum period of time. This group of people, like third-country citizens with a long-term residence permit, is also eligible for renting integrative flats and for receiving accommodation allowance to pay accommodation costs. Third-country citizens with a long-term residence permit are also eligible for an accommodation grant to pay their accommodation costs.

Vienna

Vienna also supports low-income groups among its population with accommodation allowance as a demand-side subsidy. Accommodation allowance is granted both to persons living in subsidised newly built or renovated flats as well as to persons in non-subsidised (private) rented flats. Under certain preconditions, accommodation allowance can be paid to persons living in condominiums. In addition, as many people as possible are to have access to funds from the housing subsidies scheme in the form of supply-side subsidies. Special eco-subsidies are available for environmentally friendly structural and renovation measures. This represents a major contribution to the implementation of the Vienna Climate Protection Programme.

Tyrol

In co-operation with the municipalities, Tyrolean institutions providing social services for the homeless support homeless people and those at risk of becoming homeless. These services include counselling, eviction prevention, emergency overnight shelters, day-structuring measures, temporary shelters and residential establishments.

In addition, the federal province of Tyrol also grants various types of housing subsidies. The housing subsidies scheme offers various possibilities such as loans, grants or allowances, which make the basic need of housing affordable or more affordable for the Tyrolean people.

The regional development plan provides the legal basis that prevents the construction of flats in or close to contaminated areas. This is the Tyrolean version of a town development plan, which has to exist in all Austrian provinces as a basic tool for regional planning.

Figures on requested evictions:

Ad Art. 13

Info box: School textbooks

The financial relief provided to parents via the School Textbook Programme amounts to approximately EUR 86 per pupil and academic year (at a co-payment of 10% of the respective textbook limit), calculated on the basis of the average costs of a textbook of approximately EUR 12 and an average number of seven books per pupil.

Expenses for School Textbook Programme 2008/09: EUR 101 million

Number of pupils in the academic year 2008/09: 1.170 million

Number of textbooks 2008/09: 8.2 million

Statistical data on study grants:

Info box: Data on the teaching of Slovene in Carinthia

While the total number of pupils in Carinthia has been dropping, the interest in studying the Slovene language has been on the increase for several years. In the academic year 2008/09, for example, 3,878 children received bilingual instruction or instruction in Slovene; in the academic year 2009/2010 this number had risen to 3,979. In the area in which the Minority School Act for Carinthia is in force, 41.12% of the pupils registered for bilingual instruction in 2008/09, 41.27% in 2009/2010.

In the course of the Austria-wide reform of teacher education which commenced in 2007 (replacement of previous teacher education academies with tertiary-level teacher education universities) the Centre for Multilingualism and Intercultural Education (Zentrum für Mehrsprachigkeit and interkulturelle Bildung) was established in Klagenfurt, Carinthia. New curricula, the implementation of which is supported by curricular counselling, have been developed for the additional education of teachers giving bilingual instruction.

Ad Art. 15

Info box: Examples of projects carried out by the provinces

It is especially in the provinces that many projects are carried out for promoting participation in cultural life and the other rights and objectives specified in Art. 15.

Styria

In Styria, for example, workshops (arts, dance, etc.) are organised for children of various social and cultural backgrounds. The experience of sharing activities in these workshops makes children aware that they have many things in common despite individual differences.

Carinthia

In Carinthia an ethnic group office (Volksgruppenbüro) has been set up, serving as a service centre for the Slovene ethnic group. The programme of the Culture Week of Carinthian Slovenes has been completely re-designed and enjoys great popularity. Since 2006 local cooperation has been pursued more strongly and some projects have been carried out in collaboration with the two Slovene umbrella cultural associations and other organisations. The granting of subsidies to the numerous Slovene cultural associations is also of great significance. As a confidence-building measure, intercultural projects organised by other institutions receive funding as well. Through its proactive approach and confidence-building measures, the ethnic group office is committed to having a positive influence on the individual segments of the ethnic group promotion scheme. By doing so, it has created a funding environment rendering ideal support to and ensuring the cultural identity of this ethnic group. EUR 100,000 are spent annually on cultural subsidies and organisational costs in connection with events and conferences as well as on the annual European Conference of Ethnic Groups (Europäischer Volksgruppenkongress) of the province of Carinthia.

Vorarlberg / Vienna / Tyrol

In many provinces such as Tyrol, Vorarlberg and Vienna there are various schemes in place to enable people with low incomes to participate in cultural life and cultural activities.

This is achieved, for example, in Vorarlberg by the Culture Pass, which was introduced upon the initiative of the KOSMOS theatre (within the scope of the “Hunger auf Kunst & Kultur” (Hungry for Arts and Culture) programme) in 2008. With this pass, people with low incomes have free admission to numerous cultural institutions in Vorarlberg (such as theatres or museums). Against submission of a statement certifying a person’s income below the at-risk-of-poverty threshold, the Culture Pass may be collected from various institutions (e.g. Caritas, AKS, IFS, Vorarlberg Family Association (Vorarlberger Familienverband), and others). The start of this project was funded by the province of Vorarlberg.

In Vienna, Wiener Volkshochschulen GmbH has carried out the “University meets public” project in cooperation with the University of Vienna since 1999. The goal of this project is to present results of domestic research carried out in different areas to the Viennese.

Info box: Recommendations of the Austrian Bioethics Commission at the Federal Chancellery

• Internet Based Genetic and Genome-Wide Testing, 10 May 2010

• Ethical Aspects of the Development and Use of Assistive Technologies, 13 July 2009

• Research on Human Embryonic Stem Cells, 16 March 2009

• Recommendations with Gender Reference for Ethics Committees and Clinical Studies, 15 November 2008

• Cord Blood Banking, 19 May 2008

• Nanotechnology, Catalogue of Ethical Problems and Recommendations, 13 June 2007

• Biobanks for Medical Research, 9 May 2007

• Arguments Concerning the Debate: The Child as a case of damage, 18 April 2007

• Preimplantation Genetic Diagnosis, July 2004

• Resolution on the Draft Federal Legislation to Amend the Law Regulating reproductive Medicine, 10 March 2004

• Reproductive Cloning, 12 February 2003

• Stem Cell Research in the context of the EU’s Sixth Framework Programme on Research, April and May 2002

• Implementation of the Council Directive 98/44/EC on the legal protection of biotechnological inventions, 6 March 2002

• Convention on Human Rights and Biomedicine of the Council of Europe, 11 February 2002

Additional comments regarding the recommendations of the Concluding Observations on the Third and Forth Periodic Report

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In the period under review, the following measures were taken:

2006

• A Report on Migrant Women (Migrantinnenbericht) was prepared as the basis for further efforts to promote the rights of women with a migration background.

2007

• At the conference “Migrantinnen im Jahr der Chancengleichheit” (Migrant Women in the Year of Equal Opportunities), best-practice models for promoting and strengthening the capabilities of migrants were presented. At this event, the Report on Migrant Women of 2007 was presented to the public.

2008

• At an event called “Frauen unterwegs” (Women on the Move), artistic achievements of migrant women were presented to an interested audience in a reading, a film and a picture exhibition with the objective of bringing about greater tolerance for cultural diversity and presenting the capabilities of migrant women.

• The Gender Days hosted an exhibition and workshop entitled “Tatmotiv Ehre” (The Motive for the Crime was “Honour”), informing pupils about tradition-based violence to women. On the same occasion, the documentary film “Das andere ich” (The Other I) was shown – a film also aimed at raising people’s sensitivity to this issue.

2009

• During the Gender Days, the Federal Minister for Women hosted a panel discussion entitled “Fremdbild-Rollenbild-Vorbild” at which young women with a migration background discussed the gender roles prevailing in their native and new cultures as well as the opportunities, conflicts and chances arising from a multi-cultural society.

2010

• The Federal Minister for Women embarked on a dialogue tour, visiting schools, youth organisations, German classes, associations of migrant women, cultural centres, shopping centres and markets, etc. in order to promote better understanding between and coexistence of Austrians and migrants.

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Atypical employment:

Provided that they are employed under atypical employment arrangements (part-time, fixed-term, temporary or minimum employment), employees are governed by all the laws providing special protection regulating the employment of particular groups (Verwendungsschutz). In addition, the following provisions has been passed regarding the protection of part-time employees, and further developed, under sec. 19d of the Hours of Work Act:

• Part-time work is deemed to exist if the agreed weekly working time, on an average, falls below statutory normal working time or another shorter period of normal working time as defined by collective labour law.

• The scope and regime of working time and any changes thereto must be agreed unless regulated by collective labour law. Any changes to the scope of normal working time must be made in writing.

• Part-time employees are obliged to work extra hours only to the extent provided by statutory provisions, collective labour law or the employment contracts of the persons concerned, if additional work becomes necessary or such extra hours are required for preparatory and shutting-down tasks (Vor- and Abschlussarbeiten) and no permissible interests on the employer’s side are contrary to such extra hours.

• To the extent that any claims under collective labour law or employment contracts are assessed on the basis of the scope of working time, the number of extra hours regularly worked must be taken as a basis in the case of part-time employees, in particular as regards the assessment of special payments.

• Employers may not discriminate between part-time employees and full-time employees on grounds of working part-time unless different treatment is justified on objective grounds. Fringe benefits must be granted at least to such extent as corresponds to the proportion of the number of hours regularly worked to normal working time as specified under the law or the collective bargaining agreement. In the event of a dispute, the employer must prove that the employee is not being discriminated against on grounds of working part-time.

• The amendment to the Hours of Work Act, Federal Law Gazette Vol. I No. 61/2007, introduced a claim to a 25% premium for extra hours worked by part-time employees. Since then, this 25% premium has been basically due for extra hours worked. No premium needs to be paid for extra hours worked if compensated by time off in lieu at a ratio of one hour worked to one hour time off in lieu, within the calendar quarter or another specified period of time of three months when such hours are incurred; in the case of flexitime, if the working time agreed upon is, on an average, not exceeded within the flexible periods.

Quasi-freelancers (freie DienstnehmerInnen):

With the amendment Federal Law Gazette Vol. I No. 102/2007, all quasi-freelance contracts governed by compulsory insurance under the General Social Security Act and lasting longer than one month have been included in the Act on Severance and Retirement Funds for Salaried Employees and Self-Employed Persons since 2008. This Act is also applicable to quasi-freelance contracts of persons with minimum-employment relationships.

Hence, starting with the second month of employment, the employer must now pay a contribution in the amount of 1.53% of the remuneration due to the quasi-freelancer to one of the independent legal entities called “Betriebliche Vorsorgekassen” (BV funds) – corporate staff and self-employment provision funds. Upon termination of the quasi-freelance contract, such employee has a claim to severance pay vis-à-vis the BV fund. He/she may dispose of the severance pay if the quasi-freelance contract was not terminated by the employee himself/herself or due to his/her fault and contributions have been paid for three years since the first contribution was paid or the last disposal of a severance pay took place. If the employee is not entitled to dispose of his/her severance pay, the contributions made remain with the fund. When the employee retires, he/she may dispose of his/her severance pay in any case.

If the employee has a claim to dispose of severance pay upon termination of the quasi-freelance contract, he/she may demand that severance pay be paid out, or that it continue to be invested in the previous BV fund, or that it be transferred to the BV fund of a new employer or to an insurance company. The amount of severance pay results from the sum total of the contributions made to the fund minus administrative expenses, taking into account any capital guarantee and return on investment.

Since 1 January 2008, quasi-freelancers have also been included in the unemployment insurance scheme and are therefore, like regular employees, entitled to receive unemployment benefits, relief payments and insolvency guarantee payments (Insolvenz-Ausfallgeld). Since 1 January 2008, quasi-freelancers have also been entitled to receive sickness benefits and maternity benefits under the health insurance scheme. Since 2008 these employees have also been members of the statutory bodies for the representation of employees’ interests – the chambers of labour. Therefore they have the opportunity, by exercising their right to vote and stand for election, to take an active role in shaping the chambers’ policies relating to employees’ interests. Furthermore, they may now also benefit from the services provided by the chambers of labour, including legal advice and legal representation.

In order to ensure even better legal protection for quasi-freelancers, the Labour Market Reform Act (Arbeitsmarktreformgesetz), Federal Law Gazette Vol. I No. 77/2004, introduced a new provision of the General Civil Code providing for the compulsory issuance of a statement setting out the terms and conditions of employment (Dienstzettel) for quasi-freelancers as specified in sec. 4 para. 4 of the General Social Security Act. If no quasi-freelance contract has been made in writing, the employer must provide the employee with such written statement setting out the terms and conditions of employment immediately after commencement of the quasi-freelance relationship.

Increase in qualification programmes for unemployed or low-paid women:

The education and better qualification of women in future-oriented occupations are also promoted in regional qualification programmes for skilled workers with the objective of achieving a sustainable enhancement of women’s income and labour-market opportunities. The health care industry, employing primarily women, has proved to be a secure field of employment offering future-proof jobs even during the economic crisis. It is estimated that the demand for labour in this sector will increase in the years to come. The comprehensive qualification focus in health care professions includes the training of unemployed labour as well as of those seeking to advance in the field. In 2009, approximately 4,000 people received basic and further training, and there are plans to extend this focus even further in 2010.

Through the Promotion of Employee Qualifications scheme, women are being made part of in-house training programmes offered by businesses in order to make their jobs safer and increase their occupational opportunities. Businesses are given support in their equal-opportunity human resource planning, and the occupational qualifications of women employed in promising sectors are improved.

As of 2010, another programme for women has entered the pilot phase: employment centres for women are being implemented in the individual provinces, bundling programmes for women seeking to enhance their job qualifications.

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Promoting women in science

In the field of universities, the promotion of women takes a programmatic approach that is based on empirical research. Here promotion uses a policy mix, in other words a number of different instruments, such as legal, structural, qualification and awareness-raising measures and research.

Equal opportunity policies are carried out within the following framework:

- Sound legal standards provided for by the Universities Act of 2002

- Endorsing equal opportunities in the job profiles of universities

- Players at universities and the Ministry of Science – Advisory Board for Gender Equality (Frauenpolitischer Beirat) at the Ministry of Science

- Evidence-based policy pursued by both the Ministry of Science and the universities

- Monitoring of equal-opportunity processes

- Special programmes for the advancement of women

In the past few years, the proportion of women has slightly increased at all career levels, whereas the proportion of women students has remained more or less the same. A central goal of equal-opportunity policies is to raise the share of women at all education and career levels to 40%.

There is some need for action as regards the positions of associate and full professors but also as regards the enrolment of women students at universities of technology and with respect to women in university management functions (e.g. rectors).

Ad Item 35

Even though the rights of migrant workers and their families laid down in the Convention are secured to a large extent in Austria, in part even to a wider extent than provided for under the relevant EU directives, a ratification of the Convention by Austria is not yet planned.