Holiday staff/workers

German text altered – new translation is not available yet!

General information

Holiday staff and holiday workers
Under social law, holiday work is deemed a fixed-term employment relationship. Holiday workers are therefore considered employees as defined in the Allgemeinen Sozialversicherungsgesetzes (→ oesterreich.gv.at)^{German text}.

If the activity is performed in circumstances of personal and economic dependence, this is deemed an employment relationship from the standpoint of employment contract law.

General information about employing young people
To be able to work as a young person during holidays, the following conditions must generally be met:

• Age: 15 or over,
• End of general compulsory school attendance

Compulsory school attendance (→ oesterreich.gv.at)^{German text} ends after the end of year 9 (roughly equivalent to year 10 in the UK), at the start of the summer holiday (main school holiday).

Minors who celebrate their 15th birthday before the start of the summer holiday following year 9, are considered children as defined in the Kinder- und Jugendliches-Beschäftigungsgesetz. Only with the end of compulsory school attendance – at the start of the holiday – are they considered young people and are able from that time to work in a holiday job.
Persons under the age of 15 who have already finished compulsory school attendance can only be employed as part of

• Apprenticeships
• Special holiday work experience placements, the purpose of which is to catch up on tuition missed during the school year
• Compulsory work placements in accordance with the Schulorganisationsgesetz
• Training schemes within integrated vocational education (→ oesterreich.gv,at)^{German text}.

This is subject to the provisions of the Kinder- und Jugendliches-Beschäftigungsgesetz that apply for young people (sections 3 to 5), although these persons are considered children as defined by law.

Registration/De-registration

The procedure is the same as that for the Registration of employees!

Holiday staff and holiday employees must be identified as such on the notifications and must be registered with the → Austrian Health Insurance Fund^{German text} within the required reporting deadlines.

Pay

Depending on the industry in which they are working and the type of activity, all provisions of the collective bargaining agreement (wage tables, working hours, etc.) apply for holiday staff and holiday employees.

Holiday staff and holiday workers

• are entitled to pay and
• must have full insurance (i.e. health (→ oesterreich.gv.at)^{German text}, accident (→ oesterreich.gv.at)^{German text}, pension (→ oesterreich.gv.at)^{German text}, and unemployment insurance, provided that the marginal employment threshold is exceeded.

In 2021, the monthly marginal employment threshold is 475.86 Euro.

Further links

• Holiday workers, holiday work placement trainees & Co. (→ ÖGK)^{German text}
• Work for children and young people (→ Work Inspectorate)^{German text}
• Brochure: 'Beschäftigung von Kindern und Jugendlichen' (→ Work Inspectorate)^{German text}