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Insured for over 10 million euros
Compliance with working and salary conditions
Through its specialised support, Studio A&P provides the assistance needed when facing an inspection. The AMS inspection can extend to the following areas:
- Labour Law,
- Social Security;
- Taxation.
Where can the company expect the notification from the AMS?
The inspection process from the AMS is carried out for all the posting of non-EU workers to Austria. The communication is delivered by post to the address registered as headquarters of the company in the ZKO3 notification.
When can an AMS inspection happen?
Based on the Austrian legislation on posting of workers (Gemäß §18 Abs.12 AuslBG ist für Ausländer), the authorities have the right to carry out an inspection to verify the compliance of the company and the workers with the local salary and working conditions to benefit from the exemption to obtain a work permit in Austria in order to provide service. The inspection happens immediately after the submission of the ZKO3 notification in case there is a non-EU employee involved.
Reasons for prioritising AMS inspections
An AMS should always be a priority for the company posting workers to Austria.
As a matter of fact, without approval from the authorities, the involved non-EU worker cannot enter the premise and begin the service provision.
In addition, provision of service after a denial of the authorisation from the AMS is considered as providing service in Austria without prior posting notification, which in turn is liable to fines and damages to the reputation of the company.
Support for companies providing service in Austria
Studio A&P can support all the companies that might be audited during a transnational provision of service in Austria when posting a non-EU employee who holds an EU work permit.
