Austria has a single trade union confederation, the ÖGB, to which 27% of all employees belong. Not affiliated to a particular party, the ÖGB nevertheless has strong political ties through its system of political groupings.

Figures from the unions indicate that there are 1.2 million trade union members in Austria (2018).[1] Around a fifth of them are retired and figures from the ICTWSS database of union membership put union density in Austria at 26.7% in 2017.[2] Trade union organisation is stronger among manual workers and public sector employees than among non-manual workers.

There is only one trade union confederation in Austria, the ÖGB, founded in 1945 to overcome the political divisions between unions which had existed before the fascist take-over.

The ÖGB is divided into separate unions, representing manual and non-manual workers in different parts of the economy. Following a series of union mergers, in 2006 and 2009, the number of separate unions has fallen from 13 in 2005 to seven currently.

These are: the GPA-djp (non-manual private sector) with 280,633 members; the GÖD (central government and some other public sector) with 251,136 members; PRO-GE (largely manual workers in manufacturing) with 237,075; the younion (formerly GdG-KMSfB), which largely represents local government workers, with 146,065 members; Vida (transport and services) with 133,678; GBH (construction and the wood industry) with 117,865 and GPF (post and telecommunications) with 45,013. (All membership figures are for the end of December 2018.)

The ÖGB itself is not tied to a particular political party but it has close links to the parties through its system of political groupings, which have formal rights within the union structure. The biggest grouping is the FSG, linked to the social democrats (SPÖ), but there is also a powerful Christian grouping, the FCG. This has strong representation in the public sector, and is linked to the Austrian People's Party (ÖVP). An example of the strength of the FCG is that in 2019 the chair of the FCG was Norbert Schnedl, one of the vice-presidents of the ÖGB and the head of the GÖD, the second largest union in Austria.

Trade union membership in Austria had been falling slowly, with a large dip of around 5% in 2006, following difficulties at the union-owned bank BAWAG. However, the year-end figures since 2016 have shown slight increases – up 0.36% in 2016, 0.40% in 2017 and 0.48% in 2018.[3] Recruiting new members is now a top priority for the ÖGB.

Women make up 36.1% of total ÖGB membership. This figure from 2018 is the highest since the foundation of the ÖGB in 1945.[4]

[1] The precise figure is 1,211,465. For this and figures for individual unions see ÖGB Mitgliederstatistik gesamt nach Gewerkschaften 2018

[2] J. Visser, ICTWSS Database. version 6.0. Amsterdam: Amsterdam Institute for Advanced Labour Studies (AIAS), University of Amsterdam. June 2019

[3] ÖGB Mitgliederstatistik und Mitgliederbewegung seit 1945, https://www.oegb.at/cms/S06/S06_2.1.2/ueber-uns/wir-machen/oegb-in-zahlen (Accessed 17.07.2019)

[4] Ibid

Industry-level agreements dominate in Austria, and as the employers are normally represented by statutory bodies – the economic chambers, to which all employers are obliged to belong – the agreements cover almost all employees.

The framework

Negotiations in Austria are primarily conducted at industry level. Any company or plant level negotiations are subordinate to the industry level agreements. There are often separate agreements for the manual and non-manual workers, reflecting the division in the Austrian unions, although this is becoming less frequent. (Legislation removing the final legal distinctions between manual and non-manual workers was passed in 2017, although the changes will not be fully implemented until 2021.)

There is no central wage norm set by the ÖGB, but in general unions aim for an increase in real earnings in line with economic growth.

By law collective agreements cover all the employees of the employers, who belong to the signatory organisations, whether or not the employees are members of the signatory unions.

Traditionally the actions of the unions, the employers and the state have been strongly influenced by a common approach of social partnership, with strong mutual links between the unions, the main political parties and government. However, the unions expressed concerns that social partnership could be weakened under the policies of the coalition government of the centre-right Austrian Peoples' Party (ÖVP) and the far-right Freedom Party (FPÖ), which was formed following elections in October 2017 but subsequently collapsed following a scandal in 2019. Immediately after the 2017 elections the executive committee of ÖGB union confederation passed a resolution calling on all political parties to commit themselves to “social partnership and the reconciliation of [different] interests”.[1]

One other important element of the Austria system is the existence of statutory bodies, so-called chambers, for employers and employees, membership of which is obligatory. These are the Austrian chambers of labour (AK) for employees and the Austria economic chambers (WKO) for private sector employers. There is also a chamber for agriculture (LK). The chambers of labour provide a range of support services for workers, although they are not involved in collective bargaining. The economic chambers on the other hand have a central negotiating role (see below)

Who negotiates and when?

Negotiations normally take place between the unions on one side and the economic chambers (WKO) on the other. There are only a very few areas –, parts of the finance industry and parts of the printing and newspaper industry – where the negotiations are with employers' industry associations rather than with the chambers.

The fact that all private sector employers must by law belong to the appropriate economic chamber, means that collective agreements (Kollektivverträge) have a very wide application in Austria. A joint report published by the social partners (the three chambers and the unions) referred to the “almost comprehensive coverage of employees by collective agreements”.[2] The unions estimate that there are more than 800 collective agreements and they cover 98% of employees.[3]

The obligatory membership of the chambers was questioned in the run-up to elections in 2017. However, although the chambers have been asked to present ways in which they can be more efficient and operate at a lower cost, there are no plans to remove the obligation on employers and employees to belong to the appropriate chamber.

Collective agreements can provide for certain elements to be negotiated locally between individual employers and works councils, although this is not common. Individual employers and works councils can also reach voluntary company/plant level deals (Betriebsvereinbarungen) on issues such as company pensions or profit-sharing. However, these must always result in terms and conditions that are better than those in collective agreements signed at industry level. (These local agreements are in addition to the agreements on issues such as working time arrangements or performance-linked pay systems, which result from the system of workplace representation – see section on workplace representation.)

Negotiations are normally annual, with the metal workers usually setting the pace in the autumn. In fact, since 2012, metalworking has been covered by separate negotiations for six sub-sectors in the industry, rather than a single settlement for the whole of metalworking, although so far negotiations in all six sub-sectors have produced identical pay increases.

In the public sector, negotiations are between the government and the two public sector unions, GÖD and younion, with an annual increase covering the whole sector.

The subject of the negotiations

Negotiations cover topics, such as pensions and humanised working methods, as well as pay and basic conditions. The pay negotiations normally set the percentage increases for both minimum rates and the actual rates paid in individual workplaces. These cannot be lower and are often higher than the minimum rates. Employees typically receive 14 payments a year, normally including an extra month’s pay at both Christmas and in the summer (holiday pay). The level of these extra payments is determined in collective agreements.

There is no statutory system for setting a single national minimum wage in Austria. However, since 2007, the union confederation ÖGB and the Austrian economic chambers (WKO) have agreed on a minimum figure for the collective agreements they sign. In 2007, this was set at €1,000 a month, to be achieved by the start of 2009. In June 2017 the two sides agreed a new target of €1,500 a month, to be achieved by the end of 2019.

[1] Resolution des ÖGB-Bundesvorstands, 18 October 2017

[2] Entwicklung und Struktur der Arbeitskosten und der Lohnstückkosten 2000 bis 2015, produced by WIFO (Österreichisches Institut für Wirtschaftsforschung) for the Beirat für Wirtschafts- und Sozialfragen, July 2017

[3] Warum Kollektivverträge? http://www.kollektivvertrag.at/cms/KV/KV_3.2/der-kollektivvertrag/warum-kollektivvertraege (Accessed 23.08.18)

Employee representation the private sector in in Austria is through the works councils, with similar bodies in the public sector. By law they can be set up in all workplaces with at least five employees, although in reality they are rare in smaller workplaces. Works councils have important information and consultation rights, which amount to an effective veto in a few areas.

Workers in Austria have a clear legal right to representation in all but the smallest workplaces. Provided there are at least five employees in a workplace, private sector employees can set up a works council (Betriebsrat), which represents all employees.

There is a similar structure of workplace representation in the public sector, although the details vary between the central government and Austria’s nine federal states, as well for the Austrian post office and railways. In central government, the body representing employees at the workplace is known as an office committee (Dienststellenausschuss), although the threshold for setting it up is 20 employees rather five for a works council.

In practice very few of the smallest workplaces have works councils. A survey published in 2006 estimated that just 3% of private sector workplaces with between five and 10 employees had a works council, and just 6% of those with between 11 and 19. However, the proportion increases with the size of the workforce. In workplaces with between 20 and 49 employees, just over a quarter (27%) had a works council, as did a majority of private sector workplaces with 50 or more employees. The proportion with a works council rises to 87% for workplaces, with between 200 and 499 employees, and 100% of those with 500 or more. The overall average for all workplaces was 14%.[1] A separate study, based on the 2013 European Company Survey, which only looks at workplaces with 10 or more employees, found that 47% had a works council or a public sector equivalent, again with the percentage increasing in larger workplaces.[2]

The works council is not directly a trade union body. It is elected by all employees and non-trade unionists can also stand. But in most cases the unions play a crucial part in its effective operation and the unions estimate that 90% of works council members are union members.[3] The unions can be invited in to give advice, and in certain circumstances they can play a key role in initially setting up the works council and also offer support, such as training, information, legal and economic advice.

The reality of union influence over works councils is reflected in the fact that unlike in other countries where the works councils have similar powers, such as Germany or the Netherlands, it is very rare for there to be another separate trade union structure in the workplace. Works councils are the basic unit for union work. Its members distribute union material and they play an active role in union campaigns and in mobilising and recruiting new union members.

In addition to the works council the Austrian system provides for the setting up of a separate youth council (Jugendvertrauensrat – JVR) to represent young workers. This can be set up in any workplace where there are at least five employees aged under 18 (or under 21 if they are apprentices) and the members are elected for two years. However, the government of the centre-right ÖVP and the far-right FPÖ, elected in 2017, has stated that it will abolish the youth council and reduce the age limit to stand and vote in works council elections (see below) from 18 to 16.

In addition, when at least five people with disability are employed in a workplace, a representative for disabled workers (Behindertenvertrauensperson) and a deputy should be elected. This goes up to two deputies when there are at least 15 disabled workers in the workplace. The role of these representatives is to take up the concerns of disabled and chronically ill employees by working with the works council.

Numbers and structure

Employees have the right to set up a works council in all workplaces with at least five employees (see table).

With a few exceptions (see below) all employees should be counted in calculating these numbers, including part-time employees, those on very limited hours, workers on unpaid leave and those undertaking military or civilian service or training. Agency workers should also be included, provided that they have been (or will be) in the workplace for at least six months and the employer where they work is responsible for some employer-style functions, such as agreeing holiday arrangements.

The groups who should not be counted are:

• those who are not classed as employees (senior managers with a substantial influence on the running of the business;
• individuals without an employment contract whose presence in the business is for other reasons, such as medical treatment, short-term release from prison or charitable work);
• homeworkers; and
• close relatives (such as spouses, parents, and grandparents, children and grandchildren) of the owner.

The works council consists of representatives of the workers – there is no management involvement – and in most cases works councils can be either set up for all employees or separately for manual and non-manual workers, although there are government plans to remove this division. If there at least four works council members, in other words if there are more than 50 employees, one of them can be an external trade union representative, who is not employed at the workplace. In practice this is very rare.

The works council should meet at least once a month and should have a joint meeting with the employer at least once every three months. This joint meeting can be monthly if the works council wishes. Where there are separate works councils for manual and non-manual workers, they come together in a works committee (Betriebsausschuss), which also meets monthly.

Tasks and rights

The legislation states that the purpose of the employee representation structure through the works council is to reconcile potentially opposing interests “for the benefit of the employees and the company”.[4]

It sets out a series of powers held by the works council. These are:

• monitoring that the employer is acting in accordance with the relevant legislation and the applicable collective agreements;
• intervening in all areas which concern employee interests, with the ability to call on the employer or external bodies to take action to address the works council’s concerns;
• being informed by the employer of issues, which might affect employees’ economic, social health or cultural interests;
• being consulted by the employer at least once every three months, with the ability to ask a trade union representative to take part where important changes affecting the workforce are planned;
• being consulted on health and safety issues, including on the appointment or dismissal of health and safety staff, where the works council has an effective veto (see health and safety pages);
• promoting policies relating to women and work-life balance at the workplace; and
• setting up and running welfare institutions for employees and their families. (Works council are often involved in organising a range of cultural and social activities, such as works outings, as well as helping individual employees with problems outside the workplace.)

In addition, the legislation sets out the works council’s right to involvement (Mitwirkung) in three areas, and it is these which provide the works council with its clearest opportunity to influence developments at the workplace. The three areas are:

• social issues, which cover the concerns of the whole workforce;
• personnel issues, which affect individual employees; and
• economic issues, which relate to how the company is run.

The powers of the works council are generally greatest in social issues, slightly less in personnel issues, and much less in economic issues.[5] In some cases, the works council has a veto – the employer cannot act without signed agreement with the works council (Betriebsvereinbarung); in other cases the agreement of the works council can be replaced by the decision of an arbitration body (Schichtungsstelle); and in some cases the works council is simply consulted or just informed.

The social areas where the employer requires the agreement works council before acting are:

• the introduction of a workplace disciplinary procedure;
• the introduction of detailed staff questionnaires that go beyond questions collecting general information on individuals and their technical skills;
• the introduction of monitoring and surveillance systems, where they affect human dignity; and
• the introduction of payment systems, based on piece rates or some other form of performance measurement, which can be statistically assessed.

In all these areas, if the works council does not agree, the company cannot act. It is not possible to take the issue to arbitration.

Where personal data is automatically collected and where data is used for personal evaluation, the agreement of the works council must again be sought. However, in these cases, if the works council does not agree, the employer can take the issue to arbitration, and a decision by the arbitration body has the same effect as an agreement with the works council.

There are also a series of social areas, where the employer can act without the agreement of the works council. However, the works council can ask that an agreement be reached, and if this is not possible take the issue to arbitration. (The employer also has the right to ask for arbitration in these cases.) The key areas where the works council has these rights are:

• work rules affecting employees’ general behaviour in the workplace, examples could be those relating to alcohol, or the arrangements for reporting sickness;
• working time arrangements, in particular normal starting and finishing times;
• issues relating to the payment of wages;
• arrangements for the use of agency workers;
• the operation of company training and education institutions and company welfare structures, like holiday homes or canteens;
• the use of company premises and equipment, such as company cars or company telephones;
• measures to reduce the impact of night shifts or arduous work; and
• measures to prevent, avoid or mitigate the impact of changes in the business.

This last area, covering changes to the business, only applies to workplaces with at least 20 employees, but is one of the works council’s most important rights as it opens the way to the negotiation of a so-called “social plan”, under which jobs can be saved and compensation can be paid, where major changes are foreseen. If the employer refuses to reach agreement on this, the works council can take the issue to arbitration.

As well as these areas, the legislation allows the works council to negotiate agreements with the employer in a wide range of other social areas, including, holiday arrangements, expenses, work organisation, pension arrangements and measures to improve the position of women. However, these agreements are entirely voluntary and do not provide for the possibility of taking the issue to arbitration.

Works councils are not primarily involved in negotiations on pay which are at industry level. However, in some cases works councils negotiate additional improvements as well as dealing with grading structures.

In the area of personnel issues, which the legislation defines as those affecting individual employees, the works council has influence in a wide range of circumstances. The most significant are those relating to an employee’s dismissal, where the law varies depending on where the dismissal is immediate or with notice.

Where the dismissal is not immediate, the works council must be informed, if not the dismissal is unlawful. The works council has a week to respond, during which period it can ask for a consultation with the employer. The works council can challenge the employer’s decision, either because the reason for the dismissal is unjustified, for example because the individual is being dismissed for union membership, or because of the social consequences for the individual employee being dismissed. (This social consequences argument can only be used in companies employing more than 20 people and where the individual concerned has at least six months’ service.) In both cases, the issue goes to the labour and social court to decide, and where the social consequences argument is being presented, the court must assess the impact of the dismissal on the individual against the impact of not dismissing the individual on the company. The individual being dismissed can also challenge the dismissal in the court, but the backing of the works council is important, as without it the court cannot compare the circumstances of the individual being dismissed with those who are keeping their jobs.

In cases of immediate dismissal, typically for severe misconduct such as theft, the works council must be informed in three days and can again challenge the decision. However, the immediate dismissal is not unlawful if the employer fails to inform the work council on time.

Other personnel areas where the works council has significant powers include:

• disciplinary sanctions on an individual employee, which cannot be imposed without the works council’s agreement;
• permanent transfer of an employee to a less favourable position in the company, which also requires the works council’s agreement, although the employer can ask for the court to decide if the works council refuses;
• appointments, where the works council must be informed, including being given details of the tasks to be undertaken, the pay and the length of the probation period (it should also be informed of plans to take on agency staff); and
• promotions, where the works council should be informed and has a right to be consulted if it requests this.

In contrast to its powers in social and personnel areas, the works council has a much more limited range of rights on economic issues. It must be informed about the economic position of the company, including its financial position, as well as future developments. This includes information on production, orders, sales in terms of both their volume and value, investment plans and other measures intended to improve the company’s competitiveness. The works council also has the right to be consulted on these issues and is encouraged in the legislation to make its own proposals. The company is also required to provide the works council with a copy of the annual accounts.

The works councils should be particularly involved where changes to the workplace/company are planned, such as: closure or partial closure; moving the business or part of the business; a merger with another company; rationalisation, the introduction of new working methods; or changes in the business’s legal form. Appropriate information should be provided to the works council, including detailed information on employee numbers if a closure is planned, to allow the works council to form an opinion on the proposal and ask for consultation if necessary.

Where at least 20 employees are employed and the changes involve important disadvantages for the employees, the works council can ask the employer to agree measures which limit or mitigate the impact on employees –in other words draw up what is known as a “Social Plan – and is able to take the issue to arbitration if the employer is unwilling to reach agreement. (This possibility mirrors the works council’s rights in the social area – see above.)

In larger workplaces, those with 200 employees or more, where the works council considers that the planned changes or other measures could be damaging to the workforce, it has three days to raise objections. If the plans involve closures, the works council can require that their implementation is halted for four weeks and, if there is no agreement within a week, it can call for a special arbitration committee to be set up to decide the issue. In even larger workplaces, those with 400 employees or more, the issue can be taken further to the national economic committee.

The presence of works council members on the supervisory board of some companies (see section on board-level employee representation) is also seen as one of the works council’s rights in economic issues.

Election and term of office

Works council members are elected by the whole workforce on the basis of lists. In smaller companies – those with fewer than 101 employees – candidates must be supported by at least twice the number of signatures as there are works council members. In larger companies, fewer signatures per works council place are needed. Often there will only be one list but there may sometimes be several, normally based around competing individuals. In very large workplaces there may be lists linked to the different political factions in the Austrian trade union movement, the ÖGB.

The term of office is five years (four years for works councils set up before 31 December 2016).

Protection against dismissal

Members of the works council can only be dismissed with the approval of the labour court, and the court will only approve their dismissal in very tightly defined circumstances. For example, in the case of the permanent closure or reduction in the size of a workplace, a works council member may only be dismissed where the employers is able to provide proof that he or she could not be employed (even in another location of the same company) without significant damage to the employer.

More generally works council members must not be disadvantaged because of their role.

Time off and other resources

Works council members have the right to the paid time off necessary for them to represent the employees, and in larger workplaces one or more members spend all their time on works council duties. In workplaces with 150 to 700 employees there is one full-time works council member; 701 to 3,000 - two; more than 3,000 - three; with one extra for every additional 3,000.

The employer is also required to provide the works council with an office and the necessary office materials. The extent of this will depend on the size of the workplace. In large workplaces the employer may also provide a paid administrative worker for the works council.

As part of its right to information, the works council is entitled to the appropriate specialist literature and can be entitled to make use of an external experts, for example in relation to the accounts or the introduction of new technology.

In addition to the resources provided by the employer, the works council can collect funds from the employees, who must first have agreed this at a works meeting. The amount collected in this way, which is largely used for social events like works outings, cannot be more than 0.5% of each employee's gross pay.

Training rights

Each works council member has the right to up to three weeks and three days’ training leave during their five-year period in office. (Previously three weeks during a four-year period of office.) In workplaces with fewer than 20 employees this time off is unpaid, but in larger workplaces the employer must pay the works council member during training. Where there is a particular reason, for example, for additional health and safety or information technology training, this period can be extended to five weeks. In workplaces with more than 200 employees, one works council member can also have up to one year's unpaid training leave.

the courses must either be provided directly by appropriate employee or employer bodies (the unions, the chambers of labour and the economic chambers) or be courses these bodies have approved. The courses must transmit knowledge which is useful for the participants’ role as works council members. The employer must be given at least four weeks’ notice of each period of training and the date of the training should be jointly agreed.

Representation at group level

In cases where a business consists of several workplaces but operates as a single economic unit, a “central works council” (Zentralbetriebsrat) should be set up. This is intended to provide effective employee representation at the level at which decisions, particularly on economic issues, are being taken. It is a directly elected body with four members in companies with up to 1,000 employees, and an extra member for each additional 500 employees up to 5,000 in total, and then one for each additional 1,000 above 5,000.

It is also possible to set up a works council at group level in a group composed of several different companies, if the central works councils themselves decide to do so. (Two-thirds of the central works council members, representing more than half the employees must vote in favour of it being set up.) However, in contrast to the directly elected central works council, this “group works council” (Konzernbetriebsrat) is made up of delegates, on the basis of two delegates for each company with up to 500 employees, with an additional delegate for each 500 employees or part thereof. The purpose of the group works council is to represent the common interests of the employees in the group.

[1] Betriebliche Interessenvertretung in Österreich by Christoph Hermann and Jörg Flecker, FORBA Schriftenreihe 1/2006

[2] Mitbestimmung in Betrieb: Ergebnisse des European Company Survey für Österreich by Bettina Stadler, FORBA Forschungsbericht 2/2017

[3] Betriebsrat – Personalvertretung Rechte und Pflichten by Gottfried W. Sommer and Sandro Beer, ÖGB/AK Österreich, 2016

[4] Arbeitsverfassungsgesetz, §39 (1)

[5] For more details see Betriebsrat – Personalvertretung Rechte und Pflichten by Gottfried W. Sommer and Sandro Beer, ÖGB/AK Österreich, 2016

The works council has the right to choose one third of the representatives of the supervisory board – the body which oversees the action of the executive board which runs the business on a day to day basis – in many of Austria’s largest companies. This right applies to all public limited companies (AGs) and most limited companies (GmbH) with at least 300 employees. (Limited companies which have fewer than 500 employers and are part of a group which has a supervisory board are not required to have one themselves.) So-called “ideological companies” – companies whose purposes are primarily political, religious, educational or artistic, or produce news or comment, are excluded from the obligation to have employee representatives on their supervisory boards. There were 1,507 public limited companies in Austria at the end of 2015.[1] There are no similar figures for the number of limited companies required to have employee representatives on the supervisory board.

These employee representatives on the board are chosen by the group works council, where this exists, and then the central works council or, if there is only one workplace, the works council. They must be works council members and employees of the business. In most areas they have the same rights and duties as other supervisory board members, although they are not paid for this work. The exceptions relate to relations with the management board. The appointment and dismissal of members of the management board requires a decision by majority of the shareholder representatives on the supervisory board not just an overall majority, and their pay can be determined in a sub-committee from which employee representatives are excluded. (Employer representatives continue to have their full rights if the pay of management board members is decided in the full supervisory board.)

Employee representatives on supervisory boards have the same term of office as those representing shareholders. This is limited by legislation to a period ending at the annual general meeting following four full financial years in office. As supervisory members are normally appointed at the annual general meeting when the financial year has already begun, this first part-year does not count towards the total and neither does the period between the end of the fourth year and the next annual general meeting. In effect, therefore, the period of office is five years.

In an attempt to increase the proportion of women at the top of companies, since the start of 2018 there have been new rules on the proportion of both sexes in supervisory board, and these also apply to employee representatives. They state that in companies quoted on the stock exchange as well as in companies which regularly have more than 1,000 employees, at least 30% of the employee representatives must be a different sex to other employee representatives, provided at least three representatives are being chosen and at least 20% of the company’s employees are of this sex. If this 30% limit is not reached, the seats remain empty.

[1] Mitwirkung im Aufsichtsrat, by Helmut Gahleitner, Verlag des ÖGB GmbH, Vienna, 2017

With works councils dominating national employee representation, it is not surprising to find that it is they that choose the representatives in European bodies.

European Works Councils

Members of the special negotiating body (SNB) for the EWC are appointed through the works council structures: by the group works council if there is a group works council; the central works council or councils if no group works council exists; and the works council or councils if there is no central works council. They should either be members of these bodies, trade union officials or representatives of the chamber of labour.

The situation is the same for members of the fallback EWC, as set up under the annex to the directive, except that trade union officials can only be members where they are already members of the Austrian works council – this possibility exists in theory but rarely in practice. Representatives of the chamber of labour cannot be members of the fallback EWC.

European Company

Members of the special negotiating body (SNB) for the European Company are appointed through the works council structures: by the group works council if there is a group works council; the central works council or councils if no group works council exists; and the works council or councils if there is no central works council. They should either be members of these bodies or trade union officials.

The situation is the same for members of the SE representative body (works council), as set up under the annex to the directive, except that trade union officials can only be members where they are already members of the Austrian works council – this possibility exists in theory but rarely in practice.

The same rules apply for Austrian employee representatives at board level.

The works council and specially appointed health and safety representatives are the key elements in employee health and safety representation. Although not elected, health and safety representatives can only be appointed with the agreement of the works council and should be appointed in workplaces with more than 10 employees. In workplaces with more than 100 employees (250 in offices) a health and safety committee should also be set up.

Basic approach at workplace level

The employer is responsible for health and safety at the workplace, using, where necessary, the services of a health and safety expert and an occupational physician. The works council must be consulted and informed on health and safety issues, and in all but the smallest workplaces separate health and safety representatives, with special responsibilities in this area, must also be appointed.

Employee health and safety bodies

The works council, which in theory should be set up in all workplaces with five or more employees, has an important role in health and safety.

In addition, employers with more than 10 employees should appoint at least one health and safety representative (Sicherheitsvertrauensperson or SVP in German), an individual with particular responsibility for health and safety. Their appointment must be agreed with the works council, and the health and safety representative represents employees on health and safety issues, in agreement with the works council. However, their appointment does not change the fact that the responsibility for health and safety at works rests with the employer.

In larger workplaces, the employer must set up a health and safety committee (Arbeitschutzausschuss or ASA in German), which brings together the employer and employee representatives, as well as health and safety experts.

Numbers and structure

A works council should be set up if a workplace has more than five employees and its size increases in line with the number of employees (see table).

The minimum number of health and safety representatives (SVP) appointed depends on the number of employees in the workplace, starting with one, when there are at least 11 employees. Up to 1,400 employees the numbers of health and safety representatives are as follows:

Above 1,400 employees one additional health and safety representative must be appointed for every 800 employees.

Where there are several health and safety representatives, they can appoint a chair who has a coordinating function.

A health and safety committee (ASA) must be established in workplaces with 100 or more employees (250 if at least three-quarters of the posts are in office work). It consists of the employer, or a representative of the employer, the individual responsible for adherence to health and safety procedures, the most senior health and safety expert, the occupational physician (sometimes known as the works doctor), health and safety representatives and a representative of the works council, or one from each works council if there is more than one. The meetings are chaired by the employer or the employer’s representative.

Where employer has several workplaces with their own health and safety committees, a central health and safety committee should be set up. This consists of the employer, or the employer’s representative, plus a maximum of two other individuals representing the employer, three representatives of the appropriate level work council and three members each from each of the lower level health and safety committees. The three members are a health and safety representative, a health and safety expert and the occupational physician.

Research by the European Agency for Safety and Health at Work in 2014 found that 67% of these workplaces in Austria had a health and safety representative. This is above the EU-28 average, where 58% had an individual with similar responsibilities. For health and safety committees, where the threshold for setting one up is relatively high in Austria, the picture is different. Only 7% of Austrian workplaces had one, below the EU average of 21%. (The figures are for workplaces with five or more employees.)note1 var obj = document.getElementById('note_hidden'); obj.value = obj.value + '1

1. Second European Survey of Enterprises on New and Emerging Risks, European Agency for Safety and Health at Work, 2016