Labour market regulations
There are no restrictions for sole traders who provide services themselves. No work permit is required.
If the economic or personal dependency of the service provider on the contracting company is predominant, then the activity is not carried out on a self-employed basis. That constitutes a position similar to that of an employee or an employment relationship, for which a permit from the labour market authority is required.
A company posting occurs when foreign employers without a company headquarters in Austria send their workers to employers with a company headquarters in Austria to fulfil a contractual obligation (in particular a contract for work).
Notifying the Central Coordinating Agency
Companies with headquarters in an EEA Member State must notify the company posting to the Central Coordinating Agency (ZKO) of the Federal Ministry of Finance.
A posting notification is required under Directive 96/71/EC on the posting of workers. The Financial Police can monitor compliance with Austrian wage and working conditions. This is to prevent wage and social dumping.
Forwarding to the Public Employment Service
The ZKO forwards the notification to the Public Employment Service if the posted workers come from third countries (countries which do not belong to the EEAGerman text, with the exception of Switzerland).
Issuing an EU posting confirmation
The Public Employment Service issues an EU posting confirmation if:
- the posted worker is properly employed in the sending country and carries out their main activity there; and
- Austrian wage and working conditions are respected and Austrian social security regulations are observed during the posting.
responsible for content: Bundesministerium für Arbeit