LABOUR LAW REGULATIONS OF POSTED WORKERS

The employment relationships of posted workers are governed by the legal provisions of the posting state, i.e. the country in which the company is based.

Certain Austrian labour law provisions (in particular the regulation of remuneration, maximum working hours and minimum rest periods) must be observed, especially if this is more advantageous for the posted employee.

Posted workers therefore have the following rights, among others:

• Remuneration: The posted worker is entitled to at least the remuneration stipulated by law, collective agreement or collective labour agreement that would apply in Austria for comparable activities in comparable companies.

• Working hours: The statutory and collectively agreed working hours and minimum rest periods applicable in Austria must be observed in all cases.

• Employee protection provisions: The protective provisions for employees include provisions for the protection of children, adolescents, pregnant women and mothers as well as provisions for occupational health and safety. The protective provisions applicable in Austria must be observed.

If the posting lasts longer than 12 months, all Austrian labour law applies, provided it is more favourable than the labour law of the posting country. This includes the entitlement to continued payment of remuneration in the event of illness or other incapacity to work.

If you have any questions on this topic, please do not hesitate to contact us. We will be happy to assist you.