Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Austria

Forced Labour Convention, 1930 (No. 29) (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2019)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its comments concerning the Convention. The Committee also notes the observations from the Federal Chamber of Labour (BAK) communicated with the Government’s report.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National Action Plan and systematic and coordinated action. The Committee welcomes the adoption of the 7th National Action Plan for Combatting Trafficking in Persons for 2024–2027, which brings together 103 measures under five thematic areas: (i) national and international coordination and collaboration; (ii) prevention; (iii) victim protection; (iv) prosecution; and (v) monitoring and research. Each measure specifies the responsible implementing agencies and includes indicators to assess progress. The Committee requests the Government to provide information on: (i) the implementation of the National Action Plan for 2024–2027, including the challenges identified and the results achieved, as reflected in the annual reports prepared by the Task Force on Combating Trafficking in Persons; and (ii) the activities and recommendations of the Task Force and its Working Group on Labour Exploitation concerning trafficking in persons and forced labour, as well as any follow-up action taken in this regard.

Article 1(1), 2(c)(ii) of the Protocol and Article 25 of the Convention. Prosecution and application of effective penalties. The Committee notes the Government’s indication that training activities on trafficking in persons are being implemented across a wide range of institutions that may come into contact with victims, including the police, the Justice Department, the labour inspectorates, the Federal Office for Immigration and Asylum (BFA) and the Federal Agency for Reception and Support Services (BBU). It also notes the Government’s statement that while labour inspectorates’ mandate does not extend to monitoring forced labour, pursuant to section 78 of the Code of Criminal Procedure, they are obliged to report suspected cases of forced labour or trafficking in persons to the criminal police or the public prosecutor's office.

The Government indicates that, according to the 2023 Security Report, 24 investigations were carried out under section 104a of the Criminal Code (trafficking in persons) and 13 investigations under section 217 of the Criminal Code (cross-border trafficking for prostitution). During these processes, 31 suspects (23 men and 8 women) were investigated and reported to the authorities under section 104a, and 19 suspects (14 men and 5 women) under section 217. One conviction was handed down under section 104a in 2023 (compared with four in 2022 and six in 2021), while five convictions were handed down under section 217 in 2023 (compared with six in 2022 and seven in 2021).

The Committee notes the concerns expressed by the BAK in its observations regarding the inadequate resources of law enforcement authorities, including the police and labour inspectorates, and the ongoing reduction of staff. The BAK notes that the number of labour inspectors continues to decline while the number of workers per inspector increases. The Committee recalls the essential role played by labour inspection services in preventing and identifying forced labour practices and indicators of such practices, including trafficking in persons for labour exploitation, and requests the Government to provide information on the specific measures taken to strengthen their capacity, particularly in sectors and activities considered at risk. Observing that the number of convictions remains low in comparison with the number of investigations conducted, the Committee requests the Government to provide information on the measures taken to ensure that thorough investigations are conducted to allow for prosecutions of cases trafficking under sections 104a and 217 of the Criminal Code, including efforts to raise awareness and to train law enforcement authorities. The Committee requests the Government to provide information on the number of cases investigated and prosecuted, as well as on the convictions handed down and the penalties imposed.

Article 2 of the Protocol. Prevention measures. (e). Supporting due diligence. The Committee notes that, in its observation, the BAK highlights the need for further legislative measures to transpose EU Directive 2024/1760 of 13 June 2024 on corporate sustainability due diligence and to implement EU Regulation 2024/3015 of 27 November 2024 concerning the prohibition of products made with forced labour on the Union market, as well as to ensure alignment with other relevant international standards supported by Austria. In this regard, the Committee notes that the National Action Plan for 2024–2027 provides for specific measures aimed at strengthening the legal framework, including enhancing transparency in supply chains, notably through support for projects addressing trafficking in persons and labour exploitation in supply chains (measure 2.25). The Committee requests the Government to provide information on the measures taken to raise awareness among employers and to inform them of the need to prevent and address risks of forced labour – including trafficking in persons – in their operations, as well as on efforts undertaken to promote due diligence in both the public and private sectors, in particular within the framework of the National Action Plan for 2024–2027.

Article 2(d). Protecting persons, particularly migrant workers, from possible abusive and fraudulent practices during the recruitment and placement process. The Committee notes the Government’s indication that migrant workers constitute the group most vulnerable to forced labour, and that placement agencies and temporary work agencies are subject to authorization requirements under the Trade Act (GewO), as well as to extensive reporting and documentation obligations under the Temporary Work Agency Act (AÜG) and the Wage and Social Dumping Prevention Act (LSD-BG). The Committee further notes that several initiatives have been undertaken to raise awareness of migrant workers of their rights, available in several languages, with a view to preventing their exposure to forced labour, particularly in high-risk sectors such as domestic work and live-in care. The Government adds that counselling, including for undocumented migrant workers, is provided on an ongoing basis under the UNDOK and ASOBEM initiatives, in collaboration with workers’ organizations. The Committee notes that the Financial Police of the Anti-Fraud Office is responsible for detecting the illegal employment of foreign workers and that, when migrant workers without residence or work permits are identified, inspectors are instructed to verify whether there are any indicators of trafficking in persons and to inform the criminal police for further action.

In this regard, the Committee notes that, according to a recent study carried out by the European Migration Network on behalf of IOM, the number of identified cases of alleged unlawful employment of third-country nationals has risen sharply. The study indicates that violations range from underpayment and other forms of wage and social dumping to trafficking in persons, and that unlawful employment usually occurs through subcontractors. It also highlights that unlawfully employed third-country nationals make little use of existing mechanisms to protect their rights, even though they cannot be penalized for unlawful employment, as consequences under immigration law may significantly hinder the assertion or enforcement of their rights (Study on the unlawful employment of third-country nationals in Austria, 2023). The Committee requests the Government to continue its effort to protect migrant workers from possible abusive and fraudulent practices and to provide information on: (i) the monitoring of employment and placement agencies, including data on the number and nature of violations detected and sanctions imposed; and (ii) the specific measures adopted in the context of unlawful employment and the activities of the Anti-Fraud Office and the Financial Police in this regard.

Article 3 of the Protocol. (i) Identification of victims. The Committee notes the Government’s indication that awareness-raising and training activities on trafficking in persons are being implemented across a wide range of institutions in order to enhance the identification of potential victims. The Government adds that a list of indicators for identifying victims of trafficking for the purpose of labour exploitation was developed by the Working Group on Labour Exploitation of the Task Force. This list is intended primarily as a tool for authorities that may establish first contact with potential victims, in particular the Financial Police, labour inspectors and customs officers. The Committee further notes that internal decrees containing revised indicators, procedural guidance and referral contacts were developed for labour inspectors and for police officers and that the National Action Plan for 2024–2027 provides for the early identification of victims through the use of standardized indicators. The Committee notes, from the statistical data provided by the Government, that in 2023 a total of 42 victims were identified under section 104a of the Criminal Code (trafficking in persons), including 33 women and 9 men, and that 17 female victims were identified under section 217 of the Criminal Code (cross-border trafficking for prostitution).

The Committee also notes that, in its observations, the BAK highlights the need to improve the identification of victims of trafficking in persons, and expresses concern regarding the situation of asylum seekers, who may also be victims of trafficking. In this regard, the Committee notes that, in its 2024 concluding observations, the United Nations (UN) Committee against Torture (CAT) expressed concern at the absence of a formal national mechanism to identify vulnerable asylum seekers, such as victims of trafficking, upon arrival at reception centres, to record any evidence to support their claims and to provide them with support services (CAT/C/AUT/CO/7). The Committee requests the Government to provide information on the measures taken to continue to improve the identification of victims of trafficking in persons, particularly among asylum seekers, including through the development of standardized indicators under the National Action Plan for 2024–2027. It also requests the Government to continue to provide statistical information, disaggregated by gender and age, on the number of victims of forced labour – including victims of trafficking – who have been identified.

(ii) Protection and assistance of victims. The Committee welcomes the detailed information provided by the Government on protection and assistance services made available to victims of trafficking through specialized NGOs, in particular the Intervention Centre for Migrant Women Affected by Trafficking in persons (LEFÖ-IBF) for women and the Men’s Health Centre (MEN VIA) for men, regardless of the victim’s cooperation with the police. The Committee also notes with appreciation the recent increase in public funding for these centres. The Committee further notes that following the 30-day recovery and reflection period, victims may be granted a one-year renewable “special protection” residence permit, provided that criminal proceedings have been initiated or other claims have been raised pursuant to section 57 of the Asylum Act.

The Committee notes that the BAK reiterates the need to extend the right of residence to all victims of trafficking, without the mandatory requirement of pending criminal or civil proceedings, and enhance their access to employment. The BAK emphasizes that victims should be able to transition to a settlement permit (the “Red-White-Red Card Plus” pursuant to section 41a of the Settlement and Residence Act) regardless of the fulfilment of the criteria established, which would also facilitate their access to employment, as, unlike for “special protection” residence permit, no separate work permit is required under the settlement permit. The BAK also considers that asylum seekers should have the opportunity to benefit from a "special protection" residence permit during an ongoing asylum procedure in order to reduce their vulnerability to trafficking. The Committee requests the Government to continue to provide information on the protection and assistance afforded to all victims of trafficking, as well as on the number of victims who have received such support and the nature of the services provided. It also requests the Government to provide information on the number of victims of trafficking or other forms of forced labour who have been granted: (i) a recovery and reflection period; (ii) a residence permit on grounds of special protection, including its duration; and (iii) a settlement permit (“Red-White-Red Card Plus”). Please also indicate any specific measures taken to address the vulnerability of asylum seekers during the asylum procedure.

Article 4(1) of the Protocol. Access to remedies, including compensation. The Committee notes that victims are entitled to obtain compensation from the offender, either by becoming a private party in criminal proceedings pursuant to section 67(1) of the Code of Criminal Procedure or by requesting compensation through separate civil proceedings. Victims of trafficking in persons may also claim compensation from the State under the Victim of Crime Act. The Committee however notes that, according to GRETA’s 2025 report, the overwhelming majority of compensation claims filed by victims of trafficking in criminal proceedings have not been granted (3 out of 40 claims were granted in 2020, 9 out of 44 in 2021, 9 out of 34 in 2022), and only a few compensation awards have been effectively received (one in 2022 and 2023, respectively).In civil proceedings, no compensation claims were effectively granted. In this context, the Committee observes that the National Action Plan for 2024–27 includes several measures aimed at improving victims’ access to compensation and securing criminally gained assets to ensure that they can be used for victims’ compensation. Therefore, the Committee requests the Government to provide information on the measures taken to facilitate access to appropriate and effective remedies, for all victims of offences amounting to forced labour, including by raising awareness among prosecutors on the need to systematically request compensation on behalf of victims in criminal proceedings. It also requests the Government to indicate the number of cases where compensation has been granted in both criminal and civil proceedings, specifying in each case whether the compensation was paid by the offender in the context of the criminal or civil proceedings or awarded by the State.

Article 4(2) of the Protocol. Non-prosecution of victims. The Committee notes the Government’s indication that the non-punishment of victims of trafficking in persons may primarily be ensured under section 10(1) of the Criminal Code, which provides for an exculpating state of necessity, and, where the conditions for such exculpation are not met, secondarily through the possibility of a diversionary settlement under section 198 of the Code of Criminal Procedure or the leniency provisions under section 209a. Furthermore, section 28c(3) of the Employment of Foreigners Act expressly provides that an illegally employed foreign national cannot be considered a co-perpetrator or accomplice within the meaning of section 12 of the Criminal Code and may not be held criminally liable. In this regard, the Committee observes that the diversionary and leniency measures provided for under the Code of Criminal Procedure do not amount to a full non-punishment guarantee for victims of trafficking or forced labour, as they still entail the imposition of penalties. The Committee further notes that: (1) an internal decree issued in February 2017 from the Federal Ministry of Justice confirms that section 10 of the Criminal Code constitutes the legal basis for the application of the non-punishment principle to victims of trafficking and supplements judicial interpretation in this regard; and (2) in April 2017, the Federal Chancellery issued a circular clarifying that, in the context of administrative law, section 6 of the Administrative Penalties Act provides the corresponding legal basis for implementing the non-punishment principle in administrative proceedings. The Committee observes that an ad hoc Working Group on non-punishment was established within the Task Force with a view to developing practical guidance in this area but that its work has since been discontinued. It notes, in this regard, that the National Action Plan for 2024–2027 includes, as a specific measure, the development of practice-oriented guidelines for the implementation of the non-punishment principle in administrative and criminal law, based on the work of the ad hoc Working Group on non-punishment (measure 4.3). The Committee requests the Government to ensure that the non-punishment principle is consistently applied, in law and in practice, and that all victims of forced labour, including trafficking in persons, who have been compelled to commit any unlawful activities are not subject to prosecution or penalties, including by providing training to law enforcement officials, prosecutors and judges in this regard. It also requests the Government to provide information on any guidance developed on the implementation of the non-punishment principle in administrative and criminal law within the framework of the National Action Plan for 2024–2027.