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The provisions are mainly enforced through the Equal Treatment Commission which isresponsible for hearing claims by employees of discrimination and for fixing all relatedregulations. The Commission may award damages and impose fines in accordance with theActs.VI The Right to StrikeIn Austria there is no special legislation relating to strikes and lock-outs. Therefore, thegeneral provisions of public and private law apply. Therefore, civil law and penal provisionswill determine the limits of permissible behaviour and activities in strikes.As a result of this situation, it is certainly possible that the participation by an employee in along-term strike could represent a ground for dismissal. This may however be a questionableground because it is unlikely that his situation in relation to a breach of the employmentcontract would not have been fully explained to him by the unions.VII Trade UnionsiThe Role of Trade UnionsIn Austria there are two types of trade associations representing employees’ interests.aVoluntary Trade AssociationsThe most important voluntary trade association in Austria is the Austrian Trade UnionsAssociation (Österreichisches Gewerkschaftsbund – ÖGB). The ÖGB is a nongovernmentalorganisation and consists of sixteen branches according to differentindustries. Its duties are determined in its statutes. Its activities focus on protecting theemployees’ interests in the areas of employment, social welfare and service law, socialpolitics, other economic policies and workers’ education. In addition, membership alsooffers special benefits such as legal protection and solidarity insurance cover.bCompulsory AssociationsIn addition, there are trade association bodies in Austria which represent employees’and employers’ interests with compulsory membership. The trade association foremployees are the workers’ chambers (Arbeiterkammern).In comparison to the ÖGB, which is established as a private law association and is alegal entity in its own right, the workers’ chambers are organisations of public lawestablished by special statutes. They are established as the statutory representatives ofthe members of certain areas of employment. Membership of the different chambers isdetermined by law and is compulsory. The chambers are self-governing bodies.The roles of the workers’ chambers include the following:a) to prepare reports, suggestions and opinions concerning matters relating toemployees’ interests for statutory bodies and authorities;b) to prepare opinions on drafts of legislation, regulations and other legal provisionsrelating to these matters;c) to have representatives in organisations and offices or to make suggestions onsuitable representatives if and to the extent provided for by law;d) to be involved in all measures and arrangements concerning the employmentrelationship or the economic and social position of employees;e) to be involved in the supervision of maintenance of employment protection provisionsas well as to establish apprentice and youth protection offices and through them to- 58 -

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