Posting workers to Austria: new guidelines

posting workers to Austria
Austria completed the transposition of Directive 2018/957 to facilitate the management of posting of workers.

With the amendment of the Law on the fight against wage and social dumping, the law on temporary employment of workers and the law amending the law of employment contracts, Austria has completed the transposition of Directive 2018/957 to facilitate the posting of workers.

Following the complete transposition of Directive 2018/957, Austria has modified the rules concerning the declarations of secondment for posting of employees, in order to facilitate the management of business trips and the provision of services from companies based in the European Union / European Economic Area (EEA) / Switzerland.

Table of Contents

  1. Which are the changes
  2. Exemption to the notification obligation
  3. Notification to construction sites
  4. Support of our Posting Experts
  5. Book a call
  6. Get a quotation

 

1. Posting of workers to Austria: changes

The most significative changes regarding the posting of workers to Austria apply to:

1.1. Service agreement

The definition of the traveler / posted worker is closely linked to the service agreement in place at the time of the business trip.

1.2. New exemption to the obligation of notification

The following categories are exempt from the obligation to send the prior notification of posting (for more details, contact our office):

  • Intragroup activities with a gross monthly salary level above a defined limit (€ 6,937.50 for 2021 – based on the inflation adjustment);
  • Infra-group posting of skilled workers for the delivery, commissioning and related training, maintenance, service work and repairs of machinery, equipment and IT systems;
  • In certain circumstances, workers posted by the seller / transferor or by the buyer / tenant for the delivery / collection of the goods;
  • In certain circumstances, posting of workers by the seller / supplier carrying out activities that involve a modest amount of time and which are essential for the commissioning and use of the goods supplied.

1.3. Notification to construction sites

Possibility of submitting a single posting notification, even in the case of several construction sites if the trip lasts less than a week.

1.4. Social Security

In case it is not possible to submit the A1 form issued by the competent National Social Security Office, it will be possible to submit documentation certifying proof of enrollment in English or German.

1.5. Documents to prove the remuneration

It is granted the possibility to present the documentation relating to the remuneration of employees also in English.

1.6. Sanctions

The overall sanctioning structure is reviewed.

How A&P can help you

A&P can support companies that send posted workers within the EU in all aspects concerning the transnational provision of services. In addition to sending the posting notification and appointing the contact person, A&P consultants provide information on the working conditions applicable in the host country and carry out an indicative salary alignment on the basis of the applicable collective agreement.

Within one working day, we can prepare the necessary documentation for your travel to the EU.

Feel free to contact us by booking a consultation with our Experts or requesting a quotation via the form below.

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