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Austria | KWR

Employment Law Overview Austria
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05. Pay Equity Laws

Extent of Protection

The Federal Equal Treatment Act contains provisions against discrimination regarding age, religion or philosophy, ethnical background, sexuality, sex or handicap in federal institutions. The Equal Treatment Act stipulates claims and sanctions in the event of a violation of the principle of equal treatment. E.g. in the event of pay discrimination, an employee is entitled to equal pay or to payment of the difference (up to a maximum of 3 years in arrears).


The discriminated employee has the right to file a claim for equal pay/difference in payment with the Labour and Social Court. Alternatively, compensation for material and immaterial damage may be claimed. Before or instead of court proceedings, the employee may request a review of the case by the Equal Treatment Commission.


So far, there has not been a significant enforcement of/litigation concerning equal pay practices as far as publicly available or shown in our practice. There are several cases but not a significant enforcement of or litigation.

Other Requirements

Employers with more than 150 employees have to publish a payment report within the company every second year.

Any questions

Ask our member firm KWR in Austria