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Cross border posting of workers in the EU

Obligations of the employer

 

Reporting obligation

Foreign employers have to report the employment of workers who will be posted to Austria to perform continued work and hand over a copy of the report to the representative assigned by the employer. The notice has to be sent or filed to the Central Coordination Office for the Control of Illegal Employment ( Brehmstrasße 14, 1110 Vienna). This has to be done one week before the start of the work at the latest. In the case of catastrophes, work which cannot be postponed and jobs which have to be completed at short notice, the report has to be made immediately before the work commences. Please use the form ZKO3 which is available on the homepage of the Federal Ministry of Finance.

 

Obligation to keep documents ready

Alongside the obligation to keep a copy of the report, the employer has to keep documents about the registration of the employees for social insurance (social insurance document A1) if the posted employees are not subject to compulsory social insurance in Austria. The documents have to be kept ready in German language at the workplace.

 

Sanctions

Employers or their representatives who do not submit the report to the authorities on time or who do not keep the required documents available for inspection commit an offence under administrative law and shall be fined by the District Administration Authority to pay from € 500,-- to € 5,000.-- (for repeated offence from € 1,000.-- to € 10,000.--).

Further detailed information is provided by the Federal Ministry of Labour, Social Affairs and Consumer Protection.

• Federal Ministry of Labour, Social Affairs and Consumer Protection
• Forms
• Webforms

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