Social security provisions in the Constitution of Austria

Country: Austria
Year: 2014
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Relevant articles:

  • Article 10(1)

The Federation has powers of legislation and execution in the following matters:

11. labour legislation in so far as it does not fall under art. 12; social and contractual insurance; nursing care allowance; social compensation legislation; chambers of labour with the exception of those relating to agriculture and forestry.

  • Article 12(1)

In the following matters, legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the provinces:

1. social welfare; population policy in so far as it does not fall under Article 10; public social and welfare establishments; maternity, infant, and adolescent welfare; hospitals and nursing homes; requirements to be imposed for health reasons on health resorts, sanatoria, and health establishments; natural curative resources.

  • Article 102 

2. The following matters can, within the framework of the constitutionally established sphere of competence, be directly performed by the federal authorities:

labour legislation social and contractual insurance, nursing care allowance; social compensation legislation;… population policy in so far as it concerns the grant of children’s allowances and the organization of burden equalization on behalf of families; …

3. The Federation remains entitled to delegate to the governor its executive power also in the matters enumerated in para 2 above.

Link to compendium “The right to Social Security in European Constitutions: Compendium of provisions of European Constitutions related to the right to social security”

Link to Austrian constitution (German)

Social Protection and Human Rights