Posting of workers to Austria

A posting of workers exists when a foreign company without a place of business in Austria
posts its employees to Austria to fulfil an order. The basis is usually a contractual obligation, in particular a
contract for work and services.

During the posting, Austrian wage and working conditions must be observed. The posted worker
is entitled to at least the remuneration, including special payments, overtime and other supplements, that is due
under Austrian law or the collective agreement.

Posting by companies from the EEA

Companies with a place of business in an EEA Member State must notify the Central
Coordination Office, the ZKO at the Federal Ministry of Finance, of the posting before work begins.

The notification is used to monitor compliance with Austrian wage and working conditions and
to prevent wage and social dumping.

If the posted workers come from third countries, the ZKO forwards the notification to the
competent Public Employment Service, the AMS.

The AMS issues an EU posting confirmation if:

• The posted worker is properly employed in the posting state and performs their main activity there
• Austrian wage and working conditions as well as social security regulations are complied with during the
  posting

Posting by companies from third countries

Companies based in a third country do not notify the ZKO of the posting. In this case, the
Austrian user undertaking is required to apply directly to the AMS for a posting permit or employment permit.

For a posting of up to four months, a posting permit is required. For a longer duration, an
employment permit is necessary. In the construction and ancillary construction sectors, an employment permit is
always required regardless of the duration.

Confirmation of notification

In certain cases, there is no permit requirement but there is a notification requirement to
the AMS no later than two weeks before the activity begins, especially in the following cases:

• Training within the framework of a joint venture for up to six months
• Intra-group training and further education by a headquarter in Austria for up to 50 weeks
• Posting of junior managers within a corporate group for up to 24 months

Residence status for postings from third countries

If a posting lasts more than six months, a corresponding residence permit is additionally
required, in particular the residence permit for posted workers.

This permit is issued if:

• Customary local accommodation is available
• Sufficient means of subsistence are proven
• Health insurance coverage exists
• A guarantee certificate as a posted worker is available

For a posting of less than six months, the corresponding visa must be applied for at the
Austrian representative authority abroad.

Cross-border temporary agency work to Austria

Temporary agency work must be distinguished from posting. It exists when the worker is
organizationally integrated into the Austrian company and is subject to its instructions. In this case, the
Austrian company is considered the employer.

Temporary agency work by companies from the EEA and Switzerland

The foreign company must notify the ZKO of the temporary agency work. If the leased workers
come from third countries, the notification is forwarded to the AMS.

The AMS issues an EU temporary agency work confirmation if:

• The worker is properly employed in the posting state and performs their main activity there
• Austrian wage and working conditions as well as social security regulations are complied with
• The worker is deployed to fulfil a specific order and no further leasing takes place

Temporary agency work by companies from third countries

In this case, the Austrian company requires not only an employment permit but also a special
temporary agency work permit from the competent trade authority.

This permit can only be issued if:

• The employment of particularly qualified skilled workers is absolutely necessary for labour market policy and
  economic reasons
• These workers are available exclusively through temporary agency work from abroad
• There is no risk to Austrian wage and working conditions

Important notes