The posting of employees
If employees are posted to Austria, several Austrian legal provisions must be adhered to.
This includes those in the following areas:
- Safety and health in the workplace
- The protection of pregnant women and female employees nursing their children
- The employment of children and young people
- Working hours and rest periods
If collective agreements include terms which deviate from the general provisions, these terms shall also apply to posted employees. This particularly applies to working hours. In general, the same level of protection should apply to all employees, regardless of whether they are employed by a company based in Austria or have been posted here. Austrian public holidays also have to be adhered to, even if such days are normal working days in the employee's country of origin.
There must be a risk assessment for posted workers as for all other employees, and appropriate instructions have to be issued based upon the assessment. Posted employees have to receive support from preventive services, and undergo a medical examination if necessary (health surveillance). The posting company is responsible for adherence to these obligations.
If posted employees work on the premises of another company, carrying out construction work or maintenance, for example, their work must be coordinated with that of the other persons employed there. This is the responsibility of the employer (owner) of the company upon whose premises the posted workers are located.
On building sites, a building site coordinator must be appointed who also coordinates all activities which have an influence on the protection of the safety and health of the posted employees. On building sites, but also on other business premises, it is important that a German-speaking person is present who can give any necessary information to the Labour Inspectorate.
Companies which post workers have to notify the relevant authorities (Central Coordination Office for the Monitoring of Illegal Employment) at least a week before their employment begins. In the case of catastrophes, work which cannot be postponed, and orders which have to be completed at short notice, notification has to be given immediately before the work of posted employees commences.
You can obtain further information from the following websites:
- Website for posting of workers
- Federal Ministry of Labour, Social Affairs and Consumer Protection (in English and German)
- Federal Ministry of Digital and Economic Affairs
- Central Coordination Office for Illegal Employment
Letzte Änderung am: 03.02.2021