Cross-border posting of workers in the EU
A differentiation is made between two cases in cross-border work:
- The hiring out (also known as leasing) of workers
- The posting of employees
Hiring out or leasing of agency workers to Austria is given when employers (often agencies) put their workers at the disposal of third parties (those for whom they carry out the work). The worker carries out the contractually due work for the hirer, which uses him or her for tasks in its own company. The worker does not actually do any work which could be attributed to the agency. The worker is mainly involved with the tools and materials of the hirer, and is subject to its instructions.
In the case of the posting of a worker to Austria, a company which is not based in Austria temporarily uses its staff to carry out work in Austria to fulfil a contractual obligation.
You will find Information in detail at the posting of workers platform (pleas see below "other websites and platforms").
The hiring out of workers - unlike posting - is subject to the Temporary and Agency Workers Act (Arbeitskräfteüberlassungsgesetz). Other legal bases for posting and leasing are the EU Posting of Workers Directive (RL 96/71/EC), the Act on the Act on the Combating of Wage and Social Dumping (LSD-BG), and the Construction Workers' Holidays and Severance Pay Act.
According to the Austrian regulations on posting, special provisions apply to posted workers with regard to payment and holidays. The occupational safety and health regulations also have to be taken into account, particularly the Working Hours Act, the Act amending the Act on Rest Periods, the Act on the Employment of Children and Young People, the Maternity Protection Act and the Health and Safety at Work Act (ArbeitnehmerInnenschutzgesetz).