LABOUR MARKET WITH REGARD TO POSTED WORKERS

No restrictions apply to sole traders who provide services themselves. A work permit is not required.

A posting occurs when foreign employers without a registered office in Austria send their employees to fulfil a contractual obligation to employers with a registered office in Austria.

The posting of employees from an EU or EEA member state is subject to notification. Please note the following:

• Notification to the Central Coordination Centre: Companies based in an EU or EEA member state must report the posting to the Central Coordination Centre (‘Zentrale Koordinierungsstelle’) of the Federal Ministry of Finance.

• Forwarding to the Labour Market Service: The Central Coordination Centre forwards the notification to the Public Employment Service if the employees posted by a company based in an EU or EEA member state come from third countries.

• Issue of an EU posting confirmation: For third-country nationals who are employed by a company based in an EU or EEA member state, the Public Employment Service issues an EU posting confirmation if:

• The posted worker is duly employed in the posting state and carries out his/her main activity there; and

• The Austrian wage and labour conditions as well as the Austrian social security regulations are complied with during the posting.

If you have any questions, please do not hesitate to contact our law firm.