Austria
Is there any existing legal requirement to report on any gender pay gap?
Yes.
If so, what are the requirement triggers?
Employers with more than 150 employees are required to draw up an "income report" every two years. The report must indicate the number of women and men in each occupational group (such groups are usually determined by an applicable collective agreement), and the median or average remuneration of women and men in each group.
What frequency of reporting is required?
Private sector employers required to draw up an "income report" must do so every two years. Certain large companies are also obliged to prepare a yearly diversity report about diversity in their management as part of their Corporate Governance Report. In the public sector, the Federal Minister of Arts, Culture, the Civil Service and Sport must prepare an income report of federal employees by 1 October of every second year.
Is the report required to be published externally?
No. The income report must be submitted to the works council, where present, which may demand consultations with the employer about the report. The works council may share information in the report with employees. Where there is no works council, the employer must make the report accessible to employees.
Is there a sanction for non-compliance with the duty to report?
The income report must be prepared every two years within the first quarter of the calendar year after the reporting year. The employer therefore has a deadline of three months to prepare the report. After expiry of this period, the preparation of the income report can be enforced by the works council or, in the absence of such, by each employee at the labor and social court.
There is no administrative fine for failing to submit an income report, but negative consequences can arise, such as the exclusion from funding under the Equal Treatment Act and compensation for legal costs in the event of a lost lawsuit.
Has Austria yet fully transposed the requirements of the Pay Transparency Directive? If yes, what was the implementation date and what is the name of the legislation?
No.
If the Pay Transparency Directive has not yet been transposed, what steps have been taken towards implementation?
None to date.
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