Best Practices in Austria on Mediation and Anti-Discrimination

Measures in the World of Work

Tanja Vicas, Austrian Trade Union Federation (ÖGB)

„Model for Mediation“Preparatory Meeting, September 29, 2008 in Ljubljana

Points to be presented:

• Introduction to the Austrian Trade Union Federation

• Anti-discrimination measures in Austria (in general)

• Mediation in Austria (in general)

• Company based mediation

• Other company based measures for preventing conflict

Basic Facts about ÖGB

• Founded in 1945

• Represents the interests of workers based on voluntary membership.

• Members: approximately 1.2 million, i.e. roughly 40 % of all those employed.

• Non-partisan and non-denominational although in its efforts to achieve its goals it does influence politics.

Activities and Goals

• Legal protection for members

• Collective Agreements: at industry level, trade unions negotiate a wide variety of collective agreements applicable to all workers. Major accomplishments include the holiday and Christmas bonuses (13th and 14th salaries) that are taken for granted by many nowadays, as well as various protection provisions, leisure-time entitlements, supplements, overtime compensations, etc. Annual wage and salary raises are also covered by collective agreements.

• ÖGB is committed to job and income security, equal opportunities and gender equality, environmental protection, and economic growth achieved through a productivity-oriented wage policy — in short, to a social model based on solidarity.

Structure of the ÖGBThe following 9 trade unions are organised under the umbrella of the ÖGB:

GPA-DJP Union of Salaried Private Sector Employees and of Printers, Journalists, and Paper Workers

GÖD Union of Public Services

GdG Union of Municipal Employees

GKMSfB Union of Art, Media, Sport, and Freelance Workers

GBH Union of Construction and Woodworkers

GdC Union of Chemical Workers

VIDA Transport and Service Union

GPF Union of Postal and Telecommunications Workers

GMTN Union of Metal, Textile and Food Workers

Common tasks of the Chamber of Labour, ÖGB and the trade unions

• Worker’s policy

• Information, advice, assistance for workers and their representatives at enterprise level (elected by the employees)

• Legal aid

Activities of the Works CouncilsAccording to the Labor Organisation Act, the works council has the following tasks:

Co-determination in economic issues• The right to inform• The right to inspect the balance sheet• The right to object to financial management• The right to co-determine changes in the company• To participate in the supervisory board

Co-determination in social and personnel issues• Company agreements• Hiring and transfers• Remuneration• Allocation of company flats• Promotions• Contesting firings• In-company training

Co-determination concerning cultural issues• Leisure time and cultural activities• Sponsoring of education and sports• Company libraries

Anti-Discrimination Measures in Austria (1)

Austrian Equal Rights Advocates:

• Official group of lawyers who represent the “plaintiff” or victim

• Equal Rights Advocates then file a petition to the Commission for Equal Rights which then examines the so-called case (“so-called ” because this process is completed out of court. Even when then Commission has made its decision, this has no legal repercussions, i.e. compensation payment to the “plaintiff”)

Anti-Discrimination Measures in Austria (2)

Equal Rights Commission in Austria

The Equal Rights Commission in Austria is made up of three

“Senates”:

Senate I: responsible for reviewing cases which deal with discrimination of women and men at the workplace

Senate II: responsible for reviewing cases which deal with discrimination at the workplace based on race, religious views, political views or the sexual orientation of a person

Senate III: responsible for reviewing all other forms of discrimination which occur outside of the workplace

Mediation in Austria

• Mediation in the world of work is mostly voluntary

• Most mediators are either lawyers or psychologists or come from similar backgrounds (formal training can take up to 3 years depending on the individual‘s previous training).

• According to the applicable labour acts, mediators are compulsory for cases of conflict or discrimination against disabled people and in the case of an employer wishing to terminate the work contract of an apprentice.

• Professional mediators work independantly

Mediation at Company Level

• Mediation is often done by works councils• Since 2003, growing number of “amateur mediators” in companies

called “Konfliktlotsen” – “conflict pilots” • Responsible for resolving conflicts within the company before they

become formal grievances• In-company mediators are employees from a company chosen from

both works council and management and are provided with training by the company (ÖGB‘s Education Department offers 3 courses/modules for this training)

• Provide mediation for employees on all hierarchical levels but are also able to recognise potential areas of conflict and point these out to the management

• Mediation carried out during working hours and in-company mediators have employment protection

• If required, in-company mediators are able to consult with other experts (legal experts, professional mediators, etc.)

Other company based measures for preventing conflict

Company Agreements• “Company Agreement on Fair and Cooperative Conduct at the

Workplace” (also stipulates the rights and duties of the in-company mediators)

• “Company Agreement on Anti-Discrimination and Fair Conduct at the Workplace”

• “Company Agreement for the Promotion of Women at the Workplace” (ensures that e.g. an equal amount of women are in management positions, equal pay, etc.)