Cross-border work can either be in the form of the hiring out or posting of employees. Here you can find information about the regulations governing the hiring out or posting of workers to Austria.
Hiring Out and Posting
The hiring out of workers to Austria is when employers or employment agencies make their workers available to third parties (hirers). The workers carry out the work they are contractually obliged to do for the hirer, who deploys them for tasks in their own company. The worker predominantly works with the tools and materials of the hirer and follows their instructions.
In the case of posting to Austria, a company which does not have a branch in Austria temporarily uses its own staff to fulfil contractual obligations by carrying out work in Austria.
The Legal Basis for Hiring Out and Posting Workers
Unlike posting, the hiring out of workers is subject to the Temporary and Agency Workers Act (Arbeitskräfteüberlassungsgesetz). Further legal provisions on posting and hiring out are provided by the Posting of Workers Directive and the Directive on the enforcement of the Posting of Workers Directive of the European Union, the Anti-Wage and Social Dumping Act, the Employment of Foreign Citizens Act and the Construction Workers Holidays and Severance Pay Act.
Further information on cross-border hiring out and posting and the related obligations on keeping documents on file and notifying the authorities can be obtained from the Posting Platform.