Other responsibilities of the employing company
table of content
Description of the subject matter
Obligation to notify
The employer must notify the Central Coordinating Agency of the Federal Ministry of Finance of the posting of all workers from all EU/EEA countries or Switzerland to Austria. This must be done before the worker begins their activity. Failure to notify is subject to an administrative penalty.
The notification must contain the following information:
- name, address, business license and VAT identification number of the employer
- name of those appointed for external representation
- name and address of the contact person
- name and address of the domestic client (or general contractor)
- names, addresses, dates of birth, social security numbers, relevant social security agencies and nationality of the workers posted to Austria
- total period of the posting, start and expected duration of employment in Austria
- furation and specific arrangements of the agreed normal working hours
- the amount due to be paid to the individual workers
- the place of employment in Austria (including other working locations in Austria)
- person or branch (exact address in each case) with whom/at which the registration and wage documents are to be kept, if this is not the place of employment
- type of activity and function of the worker
- where an official permit is required in the employer’s headquarters State for the employment of the posted workers, the issuing authority, reference number, date of issue and the period of validity, or a copy of the permit
- where the posted workers require a residence permit in the state of the employer’s headquarters, the issuing authority and the reference number, the date of issue and the period of validity, or a copy of the permit
Obligation to retain documents
The following documents must be retained at the place of work by the sending company (by the contact person or another previously designated person – office or branch of a public accountant, law firm or notary):
- copy of the notification sent to the Central Coordinating Agency;
- documentation relating to the employee’s registration for social security ('Posting of Workers – Certificate of the applicable legal provisions – E101' or A1 document), if the posted employee is not subject to any social security obligation in Austria;
pay documentation: posting companies must also ensure that documents enabling pay to be verified are available in German at the Austrian place of work.
Info PLEASE NOTE
A breach of these obligations will result in criminal penalties. More information can be found in the section 'Measures against wage and social dumpingGerman text'.
Competent authorityThe Central Coordinating AgencyGerman text of the Federal Ministry of Finance for monitoring illegal employment.
Expert informationThere is no expert information available.
- ZKO3 - Notification of a posting to Austria in accordance with Section 19 paragraph 3 of the LSD-BGGerman text
- ZKO3A – Notification of change in accordance with Section 19 paragraph 3 of the LSD-BGGerman text
- Posting of workers – Certificate of the applicable legal provisions – E101German text