Hiring process

The AKG must be notified of vacancy texts for positions at least 14 days before the vacancy is published (this is currently done automatically by e-mail). The job advertisement text is subject to the right of objection of the working group.

In particular, texts that are so general that they do not provide an objective basis for decision-making in the personnel selection procedure or texts that are over-specified are unlawful.

The ideal job advertisement text:

• must serve as an objective basis for the selection procedure
• contains all admission requirements, a comprehensive requirements profile and comprehensible, sufficiently detailed qualification criteria
• is not overspecified in such a way that it restricts the potential pool of applicants in favour or against a particular person or gender
• is formulated in such a way that it applies equally to women and men and does not discriminate on the basis of gender
• is formulated in such a way that it does not discriminate against a person on the basis of ethnicity, religion or belief, age or sexual orientation
• contains the following passage according to section 29 (3) FFP: "The University of Innsbruck strives to increase the proportion of women, especially in management positions, and therefore expressly encourages qualified women to apply." In the event of underrepresentation, the sentence "In the case of equal qualifications, women will be given priority." must be added.

• The host university institution or the body responsible for submitting an appointment proposal must demonstrably and actively search for suitable candidates. As a rule, this means that the head of the institute, the head of the department or the appointment committee must initiate and take responsibility for the implementation of suitable measures.
• If there is any doubt as to whether the intended measures are suitable for a verifiable search, it is recommended to contact the responsible working group member before starting the search and seek advice.
• The verifiable search must be carried out in good time to enable potential applicants to take advantage of the application deadline - ideally at the same time as the public advertisement (under no circumstances, for example, a few days before the end of the application deadline).
• Proof of the implementation of the relevant measures must be included in the file.
• If no suitable woman has applied for the position, a description of the measures taken must be submitted to the AKG. The AKG may then decide not to repeat the advertisement. If there is no waiver, the position must be advertised again.

Attention: The AKG cannot waive the repetition of the advertisement without sufficient proof of the search for suitable female applicants!

The AKG must be involved in the selection procedure for applicants. After the application deadline, the AKG must be informed immediately of the list of applications received (currently done automatically via the VIS).

The invitation to the interviews must be sent to the AKG at least one week in advance (preferably in writing or by email). (This must be done by the appointing authority itself).

All applicants who fulfil the statutory appointment requirements or admission requirements and meet the requirements of the advertisement text must be invited.

In exceptional cases worthy of special consideration (e.g. unusually large number of applications), the number of applicants to be invited may be reduced with the agreement of the AKG. If the working group gives its approval, the applicants to be invited will be selected in cooperation with the working group using a list of criteria to be drawn up jointly on the basis of the advert text and the job/task description.

Link: Recommendations from the Rectorate and AKG on the organisation of meetings

What may not be asked about in job interview?

• Matters relating to privacy/private life (protection of personal rights as a benchmark, e.g. questions about hobbies will be permitted, but not about the existence of a partnership)
• About the existence of a pregnancy
• If a pregnancy is concealed or this inadmissible question is answered untruthfully, this is neither a reason for nullity or contestation nor a reason for dismissal. However, if a probationary period has been agreed for the employment relationship, the employer can withdraw from the contract*.
• Family planning or the compatibility of family obligations with the job
• Trade union membership
• Political views
• Religious affiliation
• Assets
• Illnesses and other health-related issues
• Such questions do not have to be answered
• Criminal offences
• Questions in this context may only be asked if the activity in question is associated with a special position of trust - in this case, an untruthful answer would also justify dismissal.

Not all of these requirements/prohibitions are directly specific to equal treatment. However, they can become relevant under equal treatment law if they are related to unjustified discrimination on the basis of gender, ethnicity, religion, ideology, age or sexual orientation.

_{* However, the Supreme Court considers it possible to challenge the termination on the grounds of a frowned upon motive.}

The text of the call for applications serves as an objective basis for the admission procedure. The selection decision must be based on the qualification criteria listed therein.
Admission criteria not mentioned in the advertisement text may not be taken into consideration. If, in exceptional cases, the development of auxiliary criteria for decision-making is essential in the respective recruitment procedure, these must not be unobjective. Nor may the qualification requirements specified in the advertisement text be deviated from on the basis of the use of auxiliary criteria. The auxiliary criteria must represent a suitable means of decision-making, i.e. aspects that have no significance with regard to the future fulfilment of tasks may not be used. Furthermore, no auxiliary criteria may be used that are based on a discriminatory, stereotypical understanding of gender roles. If, in exceptional cases, auxiliary criteria are used in the selection decision, the necessity for this and the resulting personnel decision must be justified to the Equal Opportunities Working Group in writing and in a comprehensible manner.

In principle, no one may be discriminated against, in the establishment of an employment or training relationship, on the basis of: 

• gender
• ethnicity
• religion
• ideology
• age
• sexual orientation.

According to the B-GlBG, the following criteria in particular may not be used in a discriminatory manner when making selection decisions:

• existing or previous interruption of employment
• existing or previous part-time employment
• existing or previous reduction in weekly working hours
• age
• Marital status
• Own income of the spouse or partner of an applicant
• Time burden due to caring for children or relatives in need of care and the intention to make use of the option of part-time employment or a reduction in weekly working hours

Priority admission of female applicants - prerequisites:

• existing underrepresentation of women
• Same qualifications as the most suitable competitor (unless, exceptionally, reasons relating to the person of the competitor prevail - "opening clause")

The AKG automatically receives the information that the proposal for the position has been created and can be viewed in the VIS.

Proposals provide the responsible Rectorate member with an objective basis for decision-making.

The AKG examines personnel selection procedures from the point of view of non-discrimination and compliance with the requirement to promote women.

An objectively comprehensible justification of the appointment proposal is essential for this.

What needs to be taken into account to ensure that an appointment proposal is comprehensibly justified:

• All applicants must be assessed in an objective and substantiated comparison of qualifications. In the case of a large number of applications, a short justification may be sufficient when assessing the eliminated applicants, provided that it shows why the non-selected applicants were eliminated.
• The justification of the appointment proposal must be based on all criteria of the advertisement text.
• No assessment criteria that result in a disadvantage for female applicants or that are based on a discriminatory, role-stereotypical understanding of the sexes may be included in suitability considerations. In particular, interruptions in employment, reductions in working hours or delays in completing individual training programmes due to caring for children or relatives in need of care must not put applicants at a disadvantage.

Objections to the appointment proposal:

If the AKG is of the opinion that the appointment proposal constitutes discrimination against persons within the meaning of the B-GlBG or a violation of the requirement to promote women, it has the right to lodge a complaint against this with the Arbitration Commission.

If a complaint has been lodged, the implementation of the contested personnel decision is inadmissible until the Arbitration Commission has reached a decision.