Labour law rights

In principle, the legal provisions of the sending country, i.e. the country in which the company is headquartered, apply to the employment relationships of posted workers.

However, certain Austrian labour law requirements (in particular the regulation of remuneration, maximum working hours and minimum rest periods) must be observed, especially if this is more advantageous for the posted employee.

The posted worker’s rights therefore include those listed below.

Pay

The posted worker is entitled to at least the pay laid down by law, the regulations or a collective agreement that would be applicable in Austria for comparable activities at comparable companies.

Working hours

The limits on working hours and minimum rest periods set by law and collective agreement that are applicable in Austria must be observed in every case.

Holiday

The posted worker is entitled to the minimum paid annual holiday applicable in Austria for the duration of the posting. After the posting has ended, the worker retains the share of the difference between the amount of holiday in Austria and the amount of holiday in the sending country corresponding to the duration of the posting. Where the amount of holiday in the sending country is higher than in Austria, the posted worker is entitled to the higher amount of holiday.

Detailed information about holiday law in Austria can be found in the section “Holiday”.

Employee protection regulations

The protective regulations for employees include, in particular, regulations for the protection of children, young people, pregnant women and mothers, as well as regulations on health and safety protection in the work place. The protective regulations in force in Austria must be observed.

Detailed information on this can be found in the section “Employee protection”.

Further labour law claims in the case of long-term posting from an EU/EEA state

If the posting lasts longer than 12 months, the entire Austrian labour law is also applicable, insofar as it is more favourable than the labour law of the posting state. This includes, for example, the right to continued payment of remuneration in the event of illness or any other hindrance to work.

The provisions on the conclusion and termination of an employment relationship do not apply.

The employer may extend the 12-month period to 18 months by providing written justification.

Further links

• Posting of workers platform (→ BUAK, BMAW)
• Cross-border posting of workers in the EU (→ BMAW)^{German text}