Austria

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Relevant Legislation: Bundesrecht konsolidiert: Bundesbehindertengesetz § 0, tagesaktuelle Fassung (Federal law consolidated: Federal Disability Act, up-to-date version).

Bundesrecht konsolidiert: Gesamte Rechtsvorschrift für Bundes-Behindertengleichstellungsgesetz, Fassung vom 07.05.2024 (Federal law consolidated: Entire legal provision for the Federal Disability Equality Act, version of 07.05.2024), has the aim to  eliminate or prevent discrimination against people with disabilities and thus to ensure the equal participation of people with disabilities in life in society and to enable them to lead a self-determined life. The law also provides measures for reasonable accommodations, support and consequences of discriminations in the workplace.

C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

The 112nd ILC session (2024) supervisory board comment of the ILO C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111) – Austria (Ratification: 1973) Article 1(1)(b) Workers with disabilities; notes the adoption of the National Action Plan on Disability 2022-2030 which addresses issues of equality and non-discrimination” and “employment”.

Quota Legislation: Bundesrecht konsolidiert: Gesamte Rechtsvorschrift für Behinderteneinstellungsgesetz, Fassung vom 07.05.2024 (Federal law consolidated: Entire legal provision for the Disability Employment Act, version of 07.05.2024), (Article II) – 4% in the public and private sector. The quota law requires all employers employing 25 or more employees in the federal territory (section 4, paragraph 1) are obliged to employ at least one disabled person (section 2) for every 25 employees. To count towards the quota, a person must be certified by a medical doctor as having only 50% of the capabilities of a non–disabled person. Furthermore, hiring a wheelchair user or blind worker, who is below 19 years and above 55 years of age or who is above 50 years old with 30% of the capabilities of a non–disabled person, are counted as double when measuring quota compliance. This acts as an incentive to hire both younger and older people with disabilities. Companies which fail to meet the quota are liable to pay a compulsory “equalisation levy” of at least 238 euros per month. On the other hand, companies can receive an equivalent amount as an incentive payment for each disabled apprentice they take on.

More details on the employment and labour of persons with disabilities in Austria can be found in country report by the  Academic Network of European Disability Experts (ANED) on the European Pillar of Social Rights (focus topics) – Austria.